# Searcy Law > Attorneys Taking Time to Care --- ## Pages - [Disclaimer](https://www.searcylaw.com/disclaimer/): Legal Disclaimer The following is the legal and privacy policy of Searcy Denney Scarola Barnhart & Shipley, P. A. ,... - [Medical Malpractice](https://www.searcylaw.com/must-have-resources/medical-malpractice/): What is a Medical Malpractice Claim? While medical malpractice has long been a concern for patients and families, it came... - [Defective Drugs and Other Products](https://www.searcylaw.com/must-have-resources/defective-drugs-and-other-products/): Risks of Defective Drugs and Products When you buy a product, you expect it to work as advertised. You expect... - [Car Accidents](https://www.searcylaw.com/must-have-resources/car-accidents/): Car Accident Must-Have Resources Car accidents are an everyday occurrence in the United States. In fact, there are more than... - [Pensacola](https://www.searcylaw.com/areas-served/pensacola/): Injured in the Florida Panhandle? Discuss Your Legal Rights with a Pensacola Personal Injury Lawyer Today Injuries can happen under... - [Fort Walton Beach](https://www.searcylaw.com/areas-served/fort-walton-beach/): For more than 45 years, the personal injury attorneys at Searcy Denney have been helping accident victims in Fort Walton... - [Welcome New Florida Residents](https://www.searcylaw.com/welcome-new-florida-residents/) - [Home](https://www.searcylaw.com/): At Searcy Denney, we are committed to righting wrongs for accidents, negligence, and social injustice victims. When a Florida accident... - [Jacksonville](https://www.searcylaw.com/areas-served/jacksonville/): Personal Injury, Mass Tort, Medical Malpractice and Wrongful Death Lawyers Serving Jacksonville, FL An accident can change everything. Whether you... - [Miami](https://www.searcylaw.com/areas-served/miami/): Miami Lawyers for Individuals and Families in Need of Just Compensation There are lots of reasons why someone might need... - [Key West](https://www.searcylaw.com/key-west/): Key West Injury Lawyers with Billions of Dollars Recovered Serving Residents and Tourist Are you entitled to financial compensation? While... - [Naples](https://www.searcylaw.com/areas-served/naples-injury-lawyer/): Our Naples Injury Law Firm Help Individuals and Families Recover Just Compensation Dealing with the aftermath of a serious or... - [Orlando](https://www.searcylaw.com/areas-served/orlando-injury-lawyer/): Orlando Lawyers for Cases Involving Personal Injuries, Product Defects, Mass Torts, Medical Malpractice and More We are a Florida law... - [Lakeland](https://www.searcylaw.com/areas-served/lakeland-injury-lawyer/): Personal Injury, Medical Malpractice, Mass Tort and Wrongful Death Lawyers Serving Lakeland, FL When something beyond your control changes your... - [Fort Lauderdale](https://www.searcylaw.com/areas-served/fort-lauderdale-injury-lawyer/): Need a Lawyer in Fort Lauderdale? Get a Free Injury Consultation 24/7 Recovering from an accident is never easy. But,... - [Areas Served](https://www.searcylaw.com/areas-served/): Winning Attorneys Throughout Florida and Nationwide At Searcy Denney, our skilled lawyers and litigators help clients throughout Florida in a... - [Of Counsel Newsletter](https://www.searcylaw.com/must-have-resources/of-counsel-newsletter/): sds oc 1-24-0424v2. indd - [Our Brochure](https://www.searcylaw.com/must-have-resources/brochure/): Searcy Brochure Updates May 2024 - [Florida Coronavirus Resources](https://www.searcylaw.com/how-we-care/covid-19-business-continuity-a-message-to-our-clients-community/florida-coronavirus-resources/): Florida Coronavirus Resources The Searcy Denney team has compiled a list of resources for our clients and the South Florida... - [Coronavirus Lawsuit FAQs](https://www.searcylaw.com/how-we-care/covid-19-business-continuity-a-message-to-our-clients-community/coronavirus-lawsuit-faqs/): Coronavirus Lawsuit FAQs As the coronavirus continues to spread throughout the country, Americans are becoming increasingly concerned about protecting their... - [COVID-19 Business Continuity: A Message to Our Clients & Community](https://www.searcylaw.com/how-we-care/covid-19-business-continuity-a-message-to-our-clients-community/): COVID-19 Business Continuity Access to legal services is of fundamental importance for an injured individual and their family – it... - [Submit Your Review](https://www.searcylaw.com/submit-your-review/) - [Testimonials](https://www.searcylaw.com/results-that-matter/testimonials/): Our Testimonials - [Sitemap](https://www.searcylaw.com/sitemap/) - [Contact Us](https://www.searcylaw.com/contact-us/): West Palm Beach 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409-6601 Toll-free: (800) 780-8607 Phone: (561) 686-6300 En... - [Cases and Results](https://www.searcylaw.com/results-that-matter/cases/): The amounts listed for cases represent gross verdicts and settlements obtained on behalf of clients over the last 45 years,... - [Informational Videos](https://www.searcylaw.com/must-have-resources/topical-videos/): Videos to Help You Understand Florida Law - [Giving Back To Our Community](https://www.searcylaw.com/how-we-care/giving-back-to-our-community/): Searcy Denney Scarola Barnhart & Shipley is dedicated to giving back to our community. Our law firm is known for... - [Taking Time to Care](https://www.searcylaw.com/how-we-care/take-time-to-volunteer/): It’s not just the cash that counts. We make a living by what we get, we make a life by... - [Our Fee Promise](https://www.searcylaw.com/what-we-do-for-you/our-fee-promise/): Searcy Denney’s Fee Promise: No Recovery, You Owe Us Nothing In nearly every type of case, including personal injury claims,... - [Blog](https://www.searcylaw.com/blog/) - [Results That Matter](https://www.searcylaw.com/results-that-matter/): Our Results Our Florida personal injury lawyers have more than 45 years of experience representing victims of negligence in all... - [How We Care](https://www.searcylaw.com/how-we-care/) - [Meet The Team at Searcy Denney](https://www.searcylaw.com/who-we-are/): Our entire team of Florida personal injury lawyers, trained paralegals, thorough investigators, and other professionals works together to help build... - [What We Do](https://www.searcylaw.com/what-we-do-for-you/): Don’t Face Your Potential Claim Alone. Hire A Florida Injury Lawyer Who Cares At Searcy Denney, we bring decades of... - [Volunteer Opportunities](https://www.searcylaw.com/how-we-care/volunteer-opportunities/): Our Florida Volunteer Opportunities 1000 Friends of Florida 1000 Friends of Florida partners with citizens across the state to save... --- ## Posts - [AvKARE Publishes Voluntary Recall Notice for BRS Over-the-Counter Eye Drops](https://www.searcylaw.com/avkare-publishes-voluntary-recall-notice-for-brs-over-the-counter-eye-drops/): The pharmaceutical retailer AvKARE has published a voluntary recall notice for five different types of eye drops previously available through... - [The Bystander Effect: Can You Sue if You Witnessed a Loved One’s Crash and Suffered Emotional Harm?](https://www.searcylaw.com/the-bystander-effect-can-you-sue-if-you-witnessed-a-loved-ones-crash-and-suffered-emotional-harm/): Witnessing a serious car accident can be a traumatic experience. This is especially true when a loved one is severely... - [From Fender Bender to Financial Ruin: The Real Cost of Hidden Injuries After a Minor Crash](https://www.searcylaw.com/from-fender-bender-to-financial-ruin-the-real-cost-of-hidden-injuries-after-a-minor-crash/): Fender benders are often thought of as “minor” crashes. However, while this is sometimes true, even relatively low-speed collisions can... - [Do You Have a Case? Understanding Your Legal Rights After an Injury](https://www.searcylaw.com/do-you-have-a-case-understanding-your-legal-rights-after-an-injury/): Suffering an injury can impact your life in unexpected ways. Not only can injuries cause severe pain and lead to... - [What If the Car Wasn't Moving? Understanding 'Parked Car' Injury Claims in Florida](https://www.searcylaw.com/what-if-the-car-wasnt-moving-understanding-parked-car-injury-claims-in-florida/): While most car accidents involve collisions between moving vehicles, we also occasionally see cases in which one of the cars... - [Cancer and Medication: Advocating for Yourself and Your Health](https://www.searcylaw.com/cancer-and-medication-advocating-for-yourself-and-your-health/): Unfortunately, the risk of a cancer diagnosis is a very real concern with many common (and not-so-common) medications. While drug... - [Your Legal Rights After a Personal Injury: An Overview](https://www.searcylaw.com/your-legal-rights-after-a-personal-injury-an-overview/): Getting injured in an accident can impact all aspects of your daily life. It can lead to costs you weren’t... - [Staying Informed About Medication Safety and Cancer Risks](https://www.searcylaw.com/staying-informed-about-medication-safety-and-cancer-risks/): The medications we take are supposed to protect our health and help us recover from serious illnesses and injuries. Unfortunately,... - [Driving in Flip Flops: Does it Affect Your Car Accident Claim?](https://www.searcylaw.com/driving-in-flip-flops-does-it-affect-your-car-accident-claim/): Flip flops may be the most popular type of footwear in Florida, and it’s easy to understand why. But while... - [The Importance of Medical Monitoring After Exposure to Toxins](https://www.searcylaw.com/the-importance-of-medical-monitoring-after-exposure-to-toxins/): Exposure to toxins through contaminated drugs, medical implants manufactured with dangerous materials, and other risks can have serious and long-term... - [Litigation Against Pharmaceutical Companies: Holding Them Accountable](https://www.searcylaw.com/litigation-against-pharmaceutical-companies-holding-them-accountable/): Pharmaceutical companies play a critical role in the healthcare system. They research, develop, and supply the drugs that patients need... - [Can a Personal Injury Case Turn into a Wrongful Death Claim?](https://www.searcylaw.com/can-a-personal-injury-case-turn-into-a-wrongful-death-claim/): It is never easy to lose a family member, but the loss is much more painful when the death of... - [Defective Medical Devices and Their Impact on Patient Safety](https://www.searcylaw.com/defective-medical-devices-and-their-impact-on-patient-safety/): Defective medical devices present serious risks for patients. Just how big—and how severe—is the problem? Consider this from the U.... - [Traffic Accidents 101](https://www.searcylaw.com/traffic-accidents-101/): If You’ve Been Injured in a Crash, Let Our Florida Traffic Accident Lawyers Help Recovering after a traffic accident is... - [15 Searcy Denney Attorneys Named to Lawdragon’s 2025 List of the 500 Leading Plaintiff Consumer Lawyers](https://www.searcylaw.com/15-searcy-denney-attorneys-named-to-lawdragons-2025-list-of-the-500-leading-plaintiff-consumer-lawyers/): Searcy Denney Scarola Barnhart & Shipley is proud to announce that 15 of the firm’s attorneys have been named to... - [Essential Guide to Child Car Safety](https://www.searcylaw.com/essential-guide-to-child-car-safety/): As a parent, nothing matters more than keeping your children safe. But, this is often easier said than done. This... - [Victoria Mesa-Estrada Re-Elected to Palm Beach County Bar Association Board of Directors](https://www.searcylaw.com/victoria-mesa-estrada-re-elected-to-palm-beach-county-bar-association-board-of-directors/): Searcy Denney Scarola Barnhart & Shipley is proud to announce that trial attorney Victoria Mesa-Estrada has been re-elected to serve... - [Trampoline Park Injury Attorneys](https://www.searcylaw.com/trampoline-park-injury-attorneys/): Nationwide Representation for Catastrophic Injuries at Sky Zone, Defy, and Similar Parks Trampoline parks may appear to be family-friendly fun... - [Taking Legal Action Against Defective Medical Device Manufacturers](https://www.searcylaw.com/taking-legal-action-against-defective-medical-device-manufacturers/): Defective medical devices can present serious—and sometimes life-threatening—risks for patients. As a patient, you never expect a medical implant to... - [How to Protect Your Legal Rights if You Were Injured in an Accident in Florida](https://www.searcylaw.com/how-to-protect-your-legal-rights-if-you-were-injured-in-an-accident-in-florida/): If you’ve been injured in an accident, you may be entitled to financial compensation under Florida law. Accident victims can... - [15 Reasons Why the Other Driver Could Be Responsible for Your Car Accident in Florida](https://www.searcylaw.com/15-reasons-why-the-other-driver-could-be-responsible-for-your-car-accident-in-florida/): If you’ve been injured in a car accident in Florida, can you file an insurance claim? While you can always... - [The Dangers of Defective Medical Devices: How to Protect Yourself](https://www.searcylaw.com/the-dangers-of-defective-medical-devices-how-to-protect-yourself/): Defective medical devices can present serious—and even life-threatening—risks for patients. Yet, sadly, many patients don’t realize that their medical devices... - [Should I Hire a Personal Injury Lawyer? What to Know After an Accident in Florida](https://www.searcylaw.com/should-i-hire-a-personal-injury-lawyer-what-to-know-after-an-accident-in-florida/): If you’ve been injured in an accident in Florida, should you hire a personal injury lawyer? This is a critical... - [Recalled Medical Devices: How to Check If You Have One](https://www.searcylaw.com/recalled-medical-devices-how-to-check-if-you-have-one/): Numerous medical devices sold in the United States are subject to active recalls. If you have a medical device that... - [Of Counsel Volume: 25 No. 1](https://www.searcylaw.com/of-counsel-volume-25-no-1/): sds oc 1-25-0425v6-FINAL-WEB - [Searcy Denney Investigates Bass Tracker Seatback Failures Resulting in Serious Injuries](https://www.searcylaw.com/searcy-denney-investigates-bass-tracker-seatback-failures-resulting-in-serious-injuries/): Searcy Denney recently became aware of safety concerns with the seats used in Bass Pro’s bass boats. According to the... - [7 Common Summertime Accidents: What to Know About Protecting Yourself and Your Family](https://www.searcylaw.com/7-common-summertime-accidents-what-to-know-about-protecting-yourself-and-your-family/): It’s hard to believe, but summer is already just around the corner. Summer is a time when residents and visitors... - [What Kind of Evidence Do You Need to Prove Someone Caused Your Accident?](https://www.searcylaw.com/what-kind-of-evidence-do-you-need-to-prove-someone-caused-your-accident/): No matter how badly you were hurt in an accident, you can’t recover compensation without the proper evidence. Even if... - [Hit By a Speeding Driver: What You Need to Know as a Car Accident Victim in Florida](https://www.searcylaw.com/hit-by-a-speeding-driver-what-you-need-to-know-as-a-car-accident-victim-in-florida/): Speeding is a persistent issue on Florida’s roads. If you have been hit by a speeding driver, you are not... - [When You’re Hurt on Someone Else’s Property: Premises Liability Involves More Than Just Slip and Fall Accidents](https://www.searcylaw.com/when-youre-hurt-on-someone-elses-property-premises-liability-involves-more-than-just-slip-and-fall-accidents/): Most people are familiar with the idea that if you slip and fall on a slick floor in the grocery... - [$300 Million DOJ Settlement in National Opioid Case Against Walgreens Stemming from Medicare Fraud Exposed by Whistleblower](https://www.searcylaw.com/300-million-doj-settlement-in-national-opioid-case-against-walgreens-stemming-from-medicare-fraud-exposed-by-whistleblower/): Whistleblower represented by Rabin Kammerer Johnson and Searcy Denney Scarola Barnhart & Shipley WEST PALM BEACH, FL — In a... - [Should You File a Personal Injury Claim? 10 Key Facts for Accident Victims in Florida](https://www.searcylaw.com/should-you-file-a-personal-injury-claim-10-key-facts-for-accident-victims-in-florida/): If you were injured in an accident in Florida, you may have a personal injury claim. Florida law entitles accident... - [Florida’s Motorcycle Helmet Laws and How They Affect Accident Claims](https://www.searcylaw.com/floridas-motorcycle-helmet-laws-and-how-they-affect-accident-claims/): Motorcycle helmets can be a controversial subject in the biker world. While a helmet can prevent head injuries in crashes,... - [Should You File a Slip and Fall Claim? Here’s What You Need to Know](https://www.searcylaw.com/should-you-file-a-slip-and-fall-claim-heres-what-you-need-to-know/): If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall... - [Rear-End Collisions: Why They’re Often Much Worse Than They Look](https://www.searcylaw.com/rear-end-collisions-why-theyre-often-much-worse-than-they-look/): When people see a car flipped over in an accident, they often react with a shudder and assume it’s pretty... - [Searcy Denney Takes a Stand to Protect the Constitution and the Rule of Law](https://www.searcylaw.com/searcy-denney-takes-a-stand-to-protect-the-constitution-and-the-rule-of-law/): Today, SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, P. A. took a stand with over 500 law firms across the country,... - [Seeking a Depo-Provera Settlement: What Patients and Families Need to Know](https://www.searcylaw.com/seeking-a-depo-provera-settlement-what-patients-and-families-need-to-know/): The costs of an intracranial meningioma diagnosis can be substantial. Not only can this diagnosis lead to a lifetime of... - [3 Key Issues for Florida Car Accident Victims: “No Fault” Insurance, Bad-Faith Insurance Practices and Partial Fault](https://www.searcylaw.com/3-key-issues-for-florida-car-accident-victims-no-fault-insurance-bad-faith-insurance-practices-and-partial-fault/): When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique... - [7 Important Factors to Consider Before Accepting a Car Accident Insurance Settlement](https://www.searcylaw.com/7-important-factors-to-consider-before-accepting-a-car-accident-insurance-settlement/): If you’ve been injured in a car accident, accepting an insurance settlement will allow you to start moving on with... - [Big-Rig Black Boxes: They Hold the Truth After a Crash – Be Sure to Get It](https://www.searcylaw.com/big-rig-black-boxes-they-hold-the-truth-after-a-crash-be-sure-to-get-it/): Truck crash scenes reveal only part of the full story through their debris. Hidden deep within the cab of that... - [When Cargo Becomes a Weapon: The Hidden Dangers of Improperly Loaded Trucks in Florida](https://www.searcylaw.com/when-cargo-becomes-a-weapon-the-hidden-dangers-of-improperly-loaded-trucks-in-florida/): For many, the first thing that comes to mind when thinking about truck accidents includes images of jackknifed 18-wheelers and... - [10 Important Facts About Filing a Depo-Provera Lawsuit](https://www.searcylaw.com/10-important-facts-about-filing-a-depo-provera-lawsuit/): If you have questions about filing a Depo-Provera lawsuit, you are not alone. As awareness of the link between Depo-Provera... - [Guide to Serious Injuries in Personal Injury Lawsuits](https://www.searcylaw.com/guide-to-serious-injuries-in-personal-injury-lawsuits/): Attorneys who work to help accident victims recover full compensation for their losses know that incidents like motor vehicle collisions,... - [Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?](https://www.searcylaw.com/does-strict-liability-apply-when-youre-injured-by-exposure-to-toxic-chemicals/): It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them... - [Florida’s Floating Time Bombs: The Legal Dangers of Unregulated Boat Rentals](https://www.searcylaw.com/floridas-floating-time-bombs-the-legal-dangers-of-unregulated-boat-rentals/): Millions of tourists, along with local residents, flock to Florida’s pristine waters to take pleasure in the sun and sea... - [Not Just a Joyride: How Florida Law Treats Golf Carts Like Motor Vehicles](https://www.searcylaw.com/not-just-a-joyride-how-florida-law-treats-golf-carts-like-motor-vehicles/): Golf carts in Florida serve multiple purposes beyond the traditional golf course as they navigate between gated communities and sunny... - [FDA Recalls: How to Stay Informed About Unsafe Products](https://www.searcylaw.com/fda-recalls-how-to-stay-informed-about-unsafe-products/): Unsafe product recalls are alarmingly common. While all companies have a legal obligation to ensure that their products are safe... - [The Importance of Documenting Your Injuries for a Lawsuit](https://www.searcylaw.com/the-importance-of-documenting-your-injuries-for-a-lawsuit/): If you have a mass tort lawsuit, proving your injuries (and their costs) will be essential for recovering the financial... - [Choosing the Right Lawyer for Your Mass Tort Case](https://www.searcylaw.com/choosing-the-right-lawyer-for-your-mass-tort-case/): If you are entitled to just compensation for injuries caused by a defective medical device or another dangerous or defective... - [Golf Carts and Car Accidents: Navigating Liability in Florida’s Retirement Communities](https://www.searcylaw.com/golf-carts-and-car-accidents-navigating-liability-in-floridas-retirement-communities/): If you use a golf cart to get around your retirement community, you aren’t alone. Golf carts have been popular... - [Tesla’s Smart Summon Dilemma: Who Will Be Held Accountable for Tesla’s Risky Push Into Autonomous Technology?](https://www.searcylaw.com/teslas-smart-summon-dilemma-who-will-be-held-accountable-for-teslas-risky-push-into-autonomous-technology/): The latest controversy surrounding Tesla’s push into autonomous driving technology has sparked an investigation by U. S. safety regulators into... - [The Role of Cruise Ship Traffic in Florida Car Accidents: How Port Areas Create Unique Risks](https://www.searcylaw.com/the-role-of-cruise-ship-traffic-in-florida-car-accidents-how-port-areas-create-unique-risks/): Florida is home to some of the busiest cruise ship ports in the world. Not only do U. S. residents... - [The Importance of Seeking Medical Attention After a Tallahassee Car Accident](https://www.searcylaw.com/the-importance-of-seeking-medical-attention-after-a-tallahassee-car-accident/): Car accidents are an unfortunate reality on Tallahassee roads, with collisions occurring daily due to distracted driving, speeding, and other... - [Alligators, Sinkholes, and Other Unusual Florida Hazards That Can Cause Car Accidents](https://www.searcylaw.com/alligators-sinkholes-and-other-unusual-florida-hazards-that-can-cause-car-accidents/): Drivers across the United States face a variety of risks on a daily basis. Unfortunately, Florida drivers face more risks... - [The Importance of Dashcam Footage in Tallahassee Car Accident Cases](https://www.searcylaw.com/the-importance-of-dashcam-footage-in-tallahassee-car-accident-cases/): Car accidents are an unfortunate reality on the roads of Tallahassee, Florida. With thousands of vehicles traversing the city daily,... - [Florida’s Most Dangerous Intersections: A Guide to High-Risk Areas and How to Stay Safe](https://www.searcylaw.com/floridas-most-dangerous-intersections-a-guide-to-high-risk-areas-and-how-to-stay-safe/): Florida has several extremely dangerous intersections. While intersections are among the most dangerous areas for drivers in general, certain intersections... - [Florida Motorcycle Accident Victim’s Guide to Legal Compensation](https://www.searcylaw.com/florida-motorcycle-accident-victims-guide-to-legal-compensation/): Motorcycle accidents in Florida often result in severe injuries due to the lack of protection riders have compared to other... - [How to File a Product Liability Claim for Defective Car Parts in Florida](https://www.searcylaw.com/how-to-file-a-product-liability-claim-for-defective-car-parts-in-florida/): When a defective car part causes an accident or injury, the consequences can be devastating. If you or a loved... - [How Florida’s No-Fault Insurance System Affects Your Accident Claim](https://www.searcylaw.com/how-floridas-no-fault-insurance-system-affects-your-accident-claim/): Florida’s “no-fault” insurance laws provide certain protections, but in the process, they create a lot of confusion. Even worse, the... - [How to Handle Accidents Involving Uninsured or Underinsured Drivers in Florida](https://www.searcylaw.com/how-to-handle-accidents-involving-uninsured-or-underinsured-drivers-in-florida/): Accidents are stressful under any circumstances, but they can become even more complicated when they involve uninsured or underinsured drivers.... - [Wrongful Death Claims in Florida: A Guide to What You Need to Know](https://www.searcylaw.com/wrongful-death-claims-in-florida-a-guide-to-what-you-need-to-know/): Losing a loved one due to someone else’s negligence or misconduct is one of the most devastating experiences anyone can... - [What to Do After a Car Accident in Florida: A Step-by-Step Guide](https://www.searcylaw.com/what-to-do-after-a-car-accident-in-florida-a-step-by-step-guide/): Being involved in a car accident can be a stressful and overwhelming experience, especially in a state like Florida, where... - [The Top 10 Myths About Personal Injury Claims in Florida — Debunked](https://www.searcylaw.com/the-top-10-myths-about-personal-injury-claims-in-florida-debunked/): Personal injury claims are often misunderstood, and misinformation can prevent victims from pursuing the compensation they deserve. Whether you’ve been... - [What to Look for in a Mass Tort Lawyer](https://www.searcylaw.com/what-to-look-for-in-a-mass-tort-lawyer/): If you have a claim against a drug company, automaker or other product manufacturer, asserting your legal rights may involve... - [Protecting Yourself from Dangerous Products: Tips for Consumers](https://www.searcylaw.com/protecting-yourself-from-dangerous-products-tips-for-consumers/): Dangerous products are far more common than they should be. Despite manufacturers’ and retailers’ obligations to avoid putting dangerous products... - [The Link Between Certain Medications and Cancer Risk](https://www.searcylaw.com/the-link-between-certain-medications-and-cancer-risk/): When you take a medication your doctor prescribes, the last thing you expect is for it to do more harm... - [Virtual Reality in Accident Reconstruction: How High-Tech Tools Are Changing Florida’s Legal Cases](https://www.searcylaw.com/virtual-reality-in-accident-reconstruction-how-high-tech-tools-are-changing-floridas-legal-cases/): Advancements in technology are revolutionizing the way legal cases are presented in Florida’s courtrooms, particularly in personal injury and accident-related... - [How Real Estate Development Is Impacting Florida Traffic and Accident Rates](https://www.searcylaw.com/how-real-estate-development-is-impacting-florida-traffic-and-accident-rates/): Florida’s booming real estate market has been one of the most prominent success stories of the last few decades. With... - [The Role of Toxicology in Florida Accident Investigations: What Happens If Drugs or Alcohol Are Suspected?](https://www.searcylaw.com/the-role-of-toxicology-in-florida-accident-investigations-what-happens-if-drugs-or-alcohol-are-suspected/): Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. 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Ricci - Partner at Searcy Denney Scarola Barnhart & Shipley](https://www.searcylaw.com/videos/meet-edward-v-ricci-partner-at-searcy-denney-scarola-barnhart-shipley/) - [Florida Wrongful Death Attorney Explains Wrongful Death Statute](https://www.searcylaw.com/videos/florida-wrongful-death-attorney-explains-wrongful-death-statute/) - [Lending Your Car: What is the Florida Dangerous Instrumentality Doctrine?](https://www.searcylaw.com/videos/lending-your-car-what-is-the-florida-dangerous-instrumentality-doctrine/) - [Florida Water Supply Safety: Ensuring the Water You Use is Safe](https://www.searcylaw.com/videos/florida-water-supply-safety-ensuring-the-water-you-use-is-safe/) - [Florida Car Accident Attorney Explains the Types of Car Insurance Policies](https://www.searcylaw.com/videos/florida-car-accident-attorney-explains-the-types-of-car-insurance-policies/) - [Defective Product Lawsuit Against 3M Combat Arms Earplugs](https://www.searcylaw.com/videos/defective-product-lawsuit-against-3m-combat-arms-earplugs/) - [What to Do If You Suffer a Personal Injury Due to an Unsafe Drug or Medical Device](https://www.searcylaw.com/videos/what-to-do-if-you-suffer-a-personal-injury-due-to-an-unsafe-drug-or-medical-device/) - [Florida Injury Attorney Discusses Dangerous Toys & How to Avoid Them](https://www.searcylaw.com/videos/florida-injury-attorney-discusses-dangerous-toys-how-to-avoid-them/) - [Hiring a Personal Injury Attorney: What You Need to Know](https://www.searcylaw.com/videos/hiring-a-personal-injury-attorney-what-you-need-to-know/) - [Florida Personal Injury Lawyer Discusses Nursing Home Abuse Prevalence and Victim Rights](https://www.searcylaw.com/videos/florida-personal-injury-lawyer-discusses-nursing-home-abuse-prevalence-and-victim-rights/) - [Florida Injury Attorney Explains Illegal Solicitation & Other Lawyer Conduct](https://www.searcylaw.com/videos/florida-injury-attorney-explains-illegal-solicitation-other-lawyer-conduct/) - [Child Molestation Prevention Tips for Parents](https://www.searcylaw.com/videos/child-molestation-prevention-tips-for-parents/) - [Florida Accident Attorney Explains Top 5 Things to Do After a Car Accident](https://www.searcylaw.com/videos/florida-accident-attorney-explains-top-5-things-to-do-after-a-car-accident/) - [Florida Personal Injury Lawyer Jack Hill of Searcy Denney Discusses Boating Laws and Accident Prevention Tips](https://www.searcylaw.com/videos/florida-personal-injury-lawyer-jack-hill-of-searcy-denney-discusses-boating-laws-and-accident-prevention-tips/) - [Florida Medical Malpractice Lawyer Offers Tips for Expectant Parents](https://www.searcylaw.com/videos/florida-medical-malpractice-lawyer-offers-tips-for-expectant-parents/) - [Florida Product Liability Attorney Answers Prescription Drug Questions](https://www.searcylaw.com/videos/florida-product-liability-attorney-answers-prescription-drug-questions/) - [Top Medical Malpractice Questions Answered](https://www.searcylaw.com/videos/top-medical-malpractice-questions-answered/) - [Florida DUI Attorney Explains The Legal Consequences of Drunk Driving](https://www.searcylaw.com/videos/florida-dui-attorney-explains-the-legal-consequences-of-drunk-driving/) - [Florida Medical Malpractice Attorney Explains How to Document Medical Errors](https://www.searcylaw.com/videos/florida-medical-malpractice-attorney-explains-how-to-document-medical-errors/) - [Can Bars Be Held Responsible for Drunk Drivers?](https://www.searcylaw.com/videos/can-bars-be-held-responsible-for-drunk-drivers/) - [What to Expect When Filing a Lawsuit](https://www.searcylaw.com/videos/what-to-expect-when-filing-a-lawsuit/) - [Searcy Denney’s Staff Cares](https://www.searcylaw.com/videos/searcy-denneys-staff-cares/) - [Medical Device Recipient Patricia Boxold](https://www.searcylaw.com/videos/medical-device-recipient-patricia-boxold/) - [Metal on Metal Hip Recipient Anne De Lisle](https://www.searcylaw.com/videos/metal-on-metal-hip-recipient-anne-de-lisle/) - [Jack Hill Discusses The Truth About Traumatic Brain Injury](https://www.searcylaw.com/videos/jack-hill-discusses-the-truth-about-traumatic-brain-injury-temp/) - [Florida Personal Injury Attorney Discusses Bicycle Safety and Laws](https://www.searcylaw.com/videos/florida-personal-injury-attorney-discusses-bicycle-safety-and-laws/) - [Jordan Dulcie - Florida Personal Injury Attorney at Searcy Law](https://www.searcylaw.com/videos/jordan-dulcie-florida-personal-injury-attorney-at-searcy-law/) - [Boris Zhadanovsky - Florida Personal Injury Attorney at Searcy Law](https://www.searcylaw.com/videos/boris-zhadanovsky-florida-personal-injury-attorney-at-searcy-law/) - [Florida DUI Law Explained by a Personal Injury Attorney](https://www.searcylaw.com/videos/florida-dui-law-explained-by-a-personal-injury-attorney/) - [How Florida DUI Cases are Handled in the Courtroom](https://www.searcylaw.com/videos/how-florida-dui-cases-are-handled-in-the-courtroom/) --- ## Attorneys - [F. Stephanie Barnhart](https://www.searcylaw.com/attorneys/forrest-stephanie-stephanie-barnhart/): Forrest Stephanie “Stephanie” Barnhart worked with a prestigious international law firm in New York and clerked for Judges Robert M.... - [Victoria Mesa-Estrada](https://www.searcylaw.com/attorneys/victoria-mesa-estrada/): VICTORIA MESA-ESTRADA is a trial attorney, who has litigated cases throughout the state of Florida and other states. She pursues... - [Brian Patrick Sullivan](https://www.searcylaw.com/attorneys/brian-patrick-sullivan/): BRIAN PATRICK SULLIVAN has provided counsel and support to clients throughout Florida who have suffered serious injuries or lost loved... - [Gaetano Murphy](https://www.searcylaw.com/attorneys/gaetano-murphy/): GAETANO “GUY” MURPHY is a Jupiter, Florida native who joined Searcy Denney in 2021. He focuses on representing victims and... - [Clell C. Warriner IV](https://www.searcylaw.com/attorneys/clell-calvin-warriner-iv/): CLELL CALVIN WARRINER IV works with Chris Searcy’s team, representing victims of catastrophic personal injury, products liability, wrongful death, medical... - [Theodore (Ted) Babbitt](https://www.searcylaw.com/attorneys/theodore-babbitt/): THEODORE (TED) BABBITT is a former managing partner at Babbitt & Johnson, P. A. who for the past five decades... - [Joseph R. Johnson](https://www.searcylaw.com/attorneys/joseph-r-johnson/): JOSEPH JOHNSON is a Florida Board Certified Civil Trial Lawyer with extensive experience litigating difficult and complex cases. Over the... - [Juan C. Diaz Avila](https://www.searcylaw.com/attorneys/juan-c-diaz-avila/): JUAN C. DIAZ AVILA has devoted his legal career to the litigation of personal injury, premises liability, wrongful death, negligent... - [Lindsay M. Reinhart](https://www.searcylaw.com/attorneys/lindsay-m-reinhart/): LINDSAY M. REINHART has concentrated her practice on tobacco litigation, first as a law clerk in Searcy Denney’s tobacco litigation... - [Jordan A. Dulcie](https://www.searcylaw.com/attorneys/jordan-a-dulcie/): JORDAN A. DULCIE has personally secured for clients over $50 Million dollars in settlements and trial verdicts in his career.... - [David P. Vitale, Jr.](https://www.searcylaw.com/attorneys/david-p-vitale-jr/): DAVID P. VITALE JR. is a first-chair trial lawyer who has tried cases to verdict in both state and federal... - [Carter W. Scott](https://www.searcylaw.com/attorneys/carter-w-scott/): CARTER W. SCOTT is licensed to practice in both Florida and Georgia and has been admitted pro hac vice to... - [Andrea A. Lewis](https://www.searcylaw.com/attorneys/andrea-a-lewis/): ANDREA A. LEWIS is a Shareholder and experienced trial lawyer who frequently handles high profile cases, including sexual assault, sexually... - [Matthew K. Schwencke](https://www.searcylaw.com/attorneys/matthew-k-schwencke/): MATTHEW K. SCHWENCKE earned his law degree from Stetson University College of Law, where he was a member of Stetson’s... - [C. Calvin Warriner III](https://www.searcylaw.com/attorneys/c-calvin-warriner-iii/): CALVIN WARRINER III (Cal) has been with the firm for 32 years and has been a Shareholder since 1991. He... - [Donald J. Ward III](https://www.searcylaw.com/attorneys/donald-j-ward-iii/): DONALD J. “D. J. ” WARD III is a graduate of the University of Virginia and the University of Notre... - [Karen E. Terry](https://www.searcylaw.com/attorneys/karen-e-terry/): KAREN E. TERRY is a Shareholder at Searcy Denney Scarola Barnhart & Shipley, P. A. in West Palm Beach and... - [Christopher K. Speed](https://www.searcylaw.com/attorneys/christopher-k-speed/): CHRISTOPHER K. SPEED joined the firm as a Shareholder in 1994 after representing plaintiffs in Virginia for 20 years. He... - [Edward V. Ricci](https://www.searcylaw.com/attorneys/edward-v-ricci/): EDWARD V. RICCI was born and raised in Palm Beach Gardens, Florida. He is a graduate of The Benjamin School... - [Mariano Garcia](https://www.searcylaw.com/attorneys/mariano-garcia/): MARIANO GARCIA is a Florida Bar Board Certified Civil Trial Lawyer known for his unwavering dedication to his clients. With... - [James W. Gustafson, Jr.](https://www.searcylaw.com/attorneys/james-w-gustafson-jr/): JAMES W. GUSTAFSON, JR. is a shareholder with Searcy Denney Scarola Barnhart & Shipley PA, a member of the firm’s... - [Mara Ritchie Poncy Hatfield](https://www.searcylaw.com/attorneys/mara-ritchie-poncy-hatfield/): MARA RITCHIE PONCY HATFIELD, who holds dual degrees in environmental law, began consulting with Searcy Denney Scarola Barnhart & Shipley... - [Adam S. Hecht](https://www.searcylaw.com/attorneys/adam-s-hecht/): ADAM HECHT, is a shareholder and trial attorney at Searcy Denney Scarola Barnhart and Shipley. Mr. Hecht is a Palm... - [Jack P. Hill](https://www.searcylaw.com/attorneys/jack-p-hill/): JACK P. HILL played football at Yale University, earned all-Ivy and all-American academic honors, and served as a felony prosecutor... - [Cameron M. Kennedy](https://www.searcylaw.com/attorneys/cameron-m-kennedy/): CAMERON M. KENNEDY is a Shareholder with Searcy Denney Scarola Barnhart & Shipley, P. A. Throughout his career, he has... - [William B. King](https://www.searcylaw.com/attorneys/william-b-king/): WILLIAM B. KING is Of Counsel with Searcy Denney Scarola Barnhart & Shipley, PA. Mr. King is a member of... - [Brenda S. Fulmer](https://www.searcylaw.com/attorneys/brenda-s-fulmer/): BRENDA S. FULMER is a Partner and Shareholder with the law firm of Searcy Denney Scarola Barnhart & Shipley, P.... - [Brian R. Denney](https://www.searcylaw.com/attorneys/brian-r-denney/): BRIAN R. DENNEY is a powerhouse litigator and fierce advocate for his clients. A Shareholder at Searcy Denney Scarola Barnhart... - [Laurie J. Briggs](https://www.searcylaw.com/attorneys/laurie-j-briggs/): LAURIE J. BRIGGS has been with Searcy Denney since 1994 and became a Shareholder in 2020. She operates the firm’s... - [T. Hardee Bass III](https://www.searcylaw.com/attorneys/t-hardee-bass-iii/): T. HARDEE BASS III has been with Searcy Denney since 2008 and became a Shareholder in 2021. He practices exclusively... - [Rosalyn Sia Baker-Barnes](https://www.searcylaw.com/attorneys/rosalyn-sia-baker-barnes/): Rosalyn “Sia” Baker-Barnes is a Shareholder at Searcy Denney Scarola Barnhart & Shipley, P. A. , and the Chairperson of... - [John A. Shipley III](https://www.searcylaw.com/attorneys/john-shipley-iii/): JOHN A. SHIPLEY III is Of Counsel with Searcy Denney Scarola Barnhart & Shipley, PA. He is a Florida Bar... - [F. Gregory Barnhart](https://www.searcylaw.com/attorneys/f-gregory-barnhart/): GREGORY BARNHART, a senior partner at Searcy Denney Scarola, Barnhart & Shipley, P. A. , is recognized as one of... - [John (Jack) Scarola](https://www.searcylaw.com/attorneys/john-scarola/): JOHN (JACK) SCAROLA graduated with honors from Georgetown University in 1969 and from Georgetown Law Center in 1973. Before joining... - [Christian D. Searcy](https://www.searcylaw.com/attorneys/christian-d-searcy/): CHRISTIAN D. SEARCY is president and CEO of Searcy Denney Scarola Barnhart & Shipley, P. A. and writes and lectures... --- ## Paralegals - [Ada Alvarez Shiver](https://www.searcylaw.com/paralegals/ada-alvarez/): Ada Alvarez Shiver is a Senior Paralegal/Investigator for attorney Matthew Schwencke and the Schwencke Team at Searcy Denney. With over... - [Tammy Manning](https://www.searcylaw.com/paralegals/tammy-manning/): Tammy Manning is a paralegal/investigator for attorney F. Gregory Barnhart and the Barnhart team, drawing upon more than 36 years... - [Sidey Munoz](https://www.searcylaw.com/paralegals/sidey-munoz/): H. SIDEY MUNOZ SIDEY MUNOZ began her career with Searcy Denney in 2012 and currently serves as the firm’s Client... - [Michael E. Gauger](https://www.searcylaw.com/paralegals/michael-e-gauger/): MICHAEL E. GAUGER brings to Searcy Denney a unique combination of law enforcement, social service and education experience. His work... - [Kimberley Aguilera](https://www.searcylaw.com/paralegals/kimberley-aguilera/): KIMBERLEY AGUILERA joined Searcy Denney in 2021 as a Senior Paralegal/Investigator after more than 25 years employed in the legal... - [Lazaro D. Becerra](https://www.searcylaw.com/paralegals/lazaro-d-becerra/): LAZARO D. BECERRA joined the Searcy Denney firm in 2021 as a senior paralegal/investigator. He works out of the firm’s... - [Helem Diaz](https://www.searcylaw.com/paralegals/helem-diaz/): Helem Diaz, CP, FRP is an experienced paralegal certified by the National Association of Legal Assistants (NALA). Fully bilingual in... - [Nydia B. Serrano](https://www.searcylaw.com/paralegals/nydia-b-serrano/): NYDIA BENITEZ SERRANO is a paralegal/investigator for attorney Jack Scarola and the Scarola team, drawing upon more than 21 years... - [Leslie A. McCown](https://www.searcylaw.com/paralegals/leslie-a-mccown/): LESLIE A. MC COWN joined Searcy Denney after 27 years as a legal assistant and paralegal working with plaintiff personal... - [Chris R. Rodgers](https://www.searcylaw.com/paralegals/chris-rodgers/): CHRIS R. RODGERS joined the Searcy Denney firm in 2015, working primarily with attorney Jack Scarola’s team on commercial litigation... - [Nick DeBellis](https://www.searcylaw.com/paralegals/nick-debellis/): NICK DEBELLIS brings to Searcy Denney nearly 25 years’ experience with State Farm Insurance, where he handled dozens of jury... - [John C. Hopkins](https://www.searcylaw.com/paralegals/john-c-hopkins/): JOHN C. HOPKINS has spent the last 45 years in the fields of insurance and law. Mr. Hopkins has worked... - [Vincent L. Leonard, Jr.](https://www.searcylaw.com/paralegals/vincent-l-leonard-jr/): VINCENT L. LEONARD, JR. was raised in Hicksville, New York until he relocated to Florida in 1977. He attended the... - [Bonnie S. Stark](https://www.searcylaw.com/paralegals/bonnie-s-stark/): BONNIE SUE STARK is the paralegal/legal investigator for the Tallahassee office of Searcy Denney Scarola Barnhart & Shipley, P. A.... --- ## Practice Areas - [Uber Accidents](https://www.searcylaw.com/car-accidents/rideshare-accidents/uber-accidents/): Get the Legal Help You Need from an Experienced Florida Uber Accident Lawyer Uber accidents are becoming increasingly common. If... - [Lyft Accidents](https://www.searcylaw.com/car-accidents/rideshare-accidents/lyft-accidents/): Injured in a Collision? Discuss Your Legal Rights with a Florida Lyft Accident Lawyer If you’ve been injured in a... - [Depo-Provera FAQs](https://www.searcylaw.com/mass-torts/dangerous-drugs/increased-risk-intracranial-meningioma-women-using-depo-provera/faqs/): Learn What You Need to Know About Hiring a Lawyer to File a Depo-Provera Lawsuit If you have questions about... - [Warning Signs of Intracranial Meningioma](https://www.searcylaw.com/mass-torts/dangerous-drugs/increased-risk-intracranial-meningioma-women-using-depo-provera/warning-signs-intracranial-meningioma/): Recent studies have linked Depo-Provera injections to an increased risk of intracranial meningioma. This is a potentially serious type of... - [Drug Recalls](https://www.searcylaw.com/dangerous-drug-lawyer/drug-recalls/): Drug recalls are alarmingly common. If you or a loved one has been harmed by a drug that has been... - [Slip and Fall Accidents in Retail Stores](https://www.searcylaw.com/premises-liability/slip-and-fall-accidents/slip-and-falls-on-commercial-property/retail-stores/): Learn About Your Legal Rights from an Experienced Florida Premises Liability Lawyer Slipping and falling while shopping is a very... - [Slip and Fall Accidents in Restaurants & Bars](https://www.searcylaw.com/premises-liability/slip-and-fall-accidents/slip-and-falls-on-commercial-property/restaurants-bars/): Injured in a Slip and Fall Accident? Get the Help You Need from an Experienced Florida Premises Liability Lawyer Slip... - [Slip and Fall Accidents in Marinas](https://www.searcylaw.com/premises-liability/slip-and-fall-accidents/slip-and-falls-on-commercial-property/marinas/): Discuss Your Marina Slip and Fall Claim with a Florida Premises Liability Lawyer at Searcy Denney Marinas can be dangerous... - [Appellate Litigation](https://www.searcylaw.com/commercial-litigation/commercial-business-litigation/appellate-litigation/): Discuss Your Company’s Case with a Florida Business Litigation Attorney Experienced in Appellate Litigation Successfully pursuing or defending against an... - [Trade Secret Litigation](https://www.searcylaw.com/commercial-litigation/commercial-business-litigation/trade-secret-litigation/): Protect Your Company’s Interests with the Help of a Florida Business Litigation Attorney Experienced in Trade Secret Litigation Trade secrets... - [Increased Risk of Intracranial Meningioma for Women Using Depo-Provera](https://www.searcylaw.com/mass-torts/dangerous-drugs/increased-risk-intracranial-meningioma-women-using-depo-provera/): Should You Take Part in a Depo-Provera Lawsuit? Contact Us to Find Out for Free A recent study has linked... - [Abuse in Foster Care and Other Child Welfare Settings](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/foster-care-abuse-cases/): Representation for Victims of Abuse in Foster Care and Other Child Welfare Settings If you or your child has been... - [Slip and Falls on Commercial Property](https://www.searcylaw.com/premises-liability/slip-and-fall-accidents/slip-and-falls-on-commercial-property/): Get the Help You Need to Recover the Financial Compensation You Deserve Slip and falls can cause serious injuries. If... - [Slip and Falls on Personal Property](https://www.searcylaw.com/premises-liability/slip-and-fall-accidents/slip-and-falls-on-personal-property/): Learn About Your Legal Rights if You Slipped and Fell at Someone’s Home in Florida If you slipped and fell... - [Exactech Shoulder Replacement Defects](https://www.searcylaw.com/mass-torts/defective-medical-devices/exactech-shoulder-replacement-defects/): Discuss Your Claim for Free Individuals who have been harmed by defective Exactech shoulder replacement systems may be entitled to... - [WanaBana Lead Poisoning Lawsuit](https://www.searcylaw.com/mass-torts/wanabana-lead-poisoning-lawsuit/): Families Affected by WanaBana USA’s Contaminated Applesauce Pouches May Be Entitled to Financial Compensation If your child has been diagnosed... - [Hair Relaxer Lawsuit Updates](https://www.searcylaw.com/mass-torts/chemical-hair-straightener-lawsuit/hair-relaxer-lawsuit-updates/): Learn the Current Status of the Lawsuits Targeting Chemical Hair Straightener Companies Nationwide Companies that sell chemical hair straightening products... - [Legal Rights & Options for Damages](https://www.searcylaw.com/mass-torts/chemical-hair-straightener-lawsuit/legal-rights-options-for-damages/): Learn About Your Legal Rights and Options if You Have Been Harmed by a Chemical Hair Straightener Chemical hair straighteners... - [Contaminated Eye Drops Lawsuits](https://www.searcylaw.com/mass-torts/contaminated-eye-drops-lawsuits/): Learn About Filing an Artificial Tears or EzriCare Eye Drops Infection Lawsuit Our law firm is handling lawsuits against EzriCare,... - [Sexual Assault](https://www.searcylaw.com/sexual-assault/): The statistics on sexual assault are alarming. According to the U. S. Centers for Disease Control and Prevention (CDC), “sexual... - [Sexual Abuse Victims](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/): Contact a Florida Sexual Abuse Attorney Helping Victims Obtain The Compensation They Deserve Many victims of sexual abuse are aware... - [Athletic Organizations Sexual Abuse Claims](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/athletic-organization-sexual-abuse-claims/): Florida Sexual Abuse Attorney Assisting Those Harmed In Sports Organizations Athletic organizations are meant to provide an avenue for good-spirited... - [Child Pornography Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/child-pornography-cases/): Florida Child Pornography Attorney Assisting Victims Few things are as traumatic for children as being the subject of child pornography.... - [Child Sex Abuse and Molestation Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/child-sex-abuse-cases/): Florida Attorney Assisting Children Who Have Been the Victims of Sex Abuse and Molestation Nothing may be more traumatic for... - [College Sexual Assault Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/college-sexual-assault-cases/): Florida Sexual Assault Attorney Assisting Those Who Were Assaulted On a College Campus College is meant to be a time... - [Cruise Ship Rape & Sexual Assault Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/cruise-ship-rape-sexual-assault-claims/): Florida Cruise Ship Rape Attorney Assisting Those Who Have Been Raped or Sexually Assaulted on a Cruise Ship Going on... - [Dating Apps & Website Sexual Assault Claims](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/dating-apps-website-sexual-assault-claims/): Florida Sexual Assault Attorneys Holding Dating Websites Accountable The desire to find a mate is a powerful one. This is... - [Elementary School Sexual Abuse Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/elementary-school-sexual-abuse-cases/): Elementary School Sexual Abuse Attorney Assisting Students and Their Families in Florida A school is meant to be a safe... - [Exposure of Sexual Organs Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/exposure-of-sexual-organs-cases/): Sexual Organ Exposure Attorney Assisting Those Subjected To Indecent Exposure in Florida We all have a right to go into... - [Forcible Rape Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/forcible-rape-cases/): Florida Attorneys Assisting the Victims of Forcible Rape Few crimes are more horrific than forcible rape. The criminal justice system... - [High School Sexual Abuse Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/high-school-sexual-abuse-cases/): Florida Sexual Abuse Lawyers Assisting High School Students and Their Families High school is a time when young people are... - [Human Trafficking Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/human-trafficking-cases/): Florida Attorneys Assisting Those Who Have Been Subjected to Human Trafficking The idea of someone being taken against their will... - [Religious Organization Sexual Abuse Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/religious-organization-sexual-abuse-cases/): Florida Sex Abuse Lawyers Pursuing Claims For Those Abused by the Clergy Sexual predators often take the form of individuals... - [Revenge Porn](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/revenge-porn-cases/): Florida Revenge Porn Attorneys Representing Those Being Harassed By a Former Ex Many relationships end badly. While it is understandable... - [Sexual Harassment](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/sexual-harassment-claims/): Florida Lawyers Assisting Those Who Have Been Sexually Harassed In The Workplace Or Elsewhere People have a right to go... - [Uber & Lyft Sexual Assault Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/uber-lyft-sexual-assault-cases/): Bringing Suit Against Rideshare Companies For Sexual Assault Rideshare services such as Uber and Lyft have revolutionized how we get... - [Video Voyeurism Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/video-voyeurism-cases/): Florida Video Voyeurism Attorneys Assisting Those Who Have Been Recorded Without Permission Video voyeurism occurs when someone makes an intimate... - [Youth Organization Sexual Abuse Cases](https://www.searcylaw.com/sexual-assault/sexual-abuse-victims/youth-organization-sexual-abuse-cases/): Florida Sexual Abuse Attorneys Assisting Children Who Have Been Victimized Youth organizations are meant to be a place for children... - [Medical Malpractice](https://www.searcylaw.com/medical-malpractice/): Have you suffered injuries or lost a loved one due to healthcare practitioner negligence? If so, you may be entitled... - [Slip and Fall Accidents](https://www.searcylaw.com/premises-liability/slip-and-fall-accidents/): Have you been injured in a slip and fall accident in Florida? You might be entitled to sue and recover... - [Mass Torts](https://www.searcylaw.com/mass-torts/): HURT BY A BAD DRUG OR MEDICAL DEVICE – CALL US TODAY Products intended to help consumers should not hurt... - [What Are Mass Torts?](https://www.searcylaw.com/mass-torts/what-are-mass-torts/): Our Mass Tort Litigation Lawyers Will Fight for Your Compensation A product liability mass tort encompasses anywhere from dozens all... - [Auto Accident Injuries](https://www.searcylaw.com/car-accidents/auto-accident-injuries/): Our Attorneys Will Fight for You The forces involved in auto accidents can cause a wide range of traumatic injuries,... - [Single Vehicle Accidents](https://www.searcylaw.com/car-accidents/single-vehicle-accidents/): When you are involved in a single-vehicle car accident, knowing what to do next can be a challenge. Are you... - [FDA Recalls Two More Brands of Eyedrops After a String of Industry Sterility Issues](https://www.searcylaw.com/recalled-eye-drop/): Eye drops are a common over-the-counter medication used to treat a variety of eye conditions such as dry eye, allergies,... - [Chemical Hair Straighteners](https://www.searcylaw.com/mass-torts/chemical-hair-straightener-lawsuit/): Our Attorneys Can Handle Chemical Hair Straightener Lawsuits For generations, black and Latina women have used a variety of chemical... - [Camp Lejeune Water Contamination](https://www.searcylaw.com/mass-torts/camp-lejeune-water-contamination-lawyers/): If you or a family member served or worked at the United States Marine Corps (USMC) Base Camp Lejeune in... - [Wrongful Death Claims Against Health Care Providers](https://www.searcylaw.com/wrongful-death/health-care-providers-wrongful-death/): Our Lawyers Represent Families in Wrongful Death Claims Against Nursing Homes, Hospitals and Other Health Care Providers When you seek... - [Toxic Similac Baby Formula](https://www.searcylaw.com/toxic-similac-baby-formula-lawyers/): FDA Issues Warning: Certain Powdered Baby Formulas May Contain Bacteria Very recently, the U. S. Food and Drug Administration (FDA)... - [Exactech Knee Replacement Lawsuit](https://www.searcylaw.com/exactech-knee-replacement-lawsuit/): In February 2022, Exactech recalled hundreds of thousands of knee and ankle replacement devices that were implanted into patients between... - [Exactech Hip Implant Lawsuit](https://www.searcylaw.com/exactech-hip-implant-recall/): Many patients have undergone total hip replacement surgery and, as a result, received Exactech Connexion GXL liners. Recent evidence suggests... - [Allergan Breast Implant Recall](https://www.searcylaw.com/mass-torts/defective-medical-devices/allergan-breast-implant-recall/): Providing Representation to Injured Victims Breast implants have been on the market for decades, but not all implants are alike.... - [Carbon Monoxide Poisoning](https://www.searcylaw.com/premises-liability/carbon-monoxide-poisoning/): If You or a Family Member Suffered Carbon Monoxide Poisoning on Someone Else’s Premises, You May Be Entitled to Financial... - [Brake Failure Accidents](https://www.searcylaw.com/car-accidents/brake-failure-accidents/): Speak with Our Florida Brake Failure Accident Attorney Team You expect your car’s brakes to function properly—and when they don’t,... - [Hearing Loss Injuries](https://www.searcylaw.com/personal-injury/hearing-loss-injuries/): Hearing loss is among the most common injuries resulting from head trauma. While most people associate hearing loss with prolonged... - [Head Injuries and Concussions](https://www.searcylaw.com/personal-injury/head-injuries-and-concussions/): At first, you may believe the blow to your head is no big deal. You may feel no or only... - [Fractures and Broken Bones](https://www.searcylaw.com/personal-injury/fractures-and-broken-bones/): Broken bones are among the most severe injuries individuals can sustain in vehicle collisions, falls, and other accidents. They are... - [Restaurant Accidents and Negligence](https://www.searcylaw.com/premises-liability/restaurant-accidents-and-negligence/): Restaurants present a variety of risks for injury. From spills to overcrowding, and from torn carpeting to drunk patrons, several... - [Scarring and Disfigurement](https://www.searcylaw.com/personal-injury/scarring-and-disfigurement/): Scarring and disfigurement can not only be extremely painful, but they can also cause significant psychological trauma. Many accident victims... - [Eye Injuries and Vision Loss](https://www.searcylaw.com/personal-injury/eye-injuries-and-vision-loss/): If you have suffered an eye injury or vision loss in an accident, seeking just compensation will be an important... - [Hip Fractures and Related Injuries](https://www.searcylaw.com/personal-injury/hip-fractures-and-related-injuries/): A broken hip is among the most serious injuries you can suffer in an accident. Not only do hip fractures... - [Amputation Injuries](https://www.searcylaw.com/personal-injury/amputation-injuries/): Until it happens, it is hard to imagine losing a digit or limb to amputation. But, while this is unthinkable... - [Ethicon Surgical Stapler](https://www.searcylaw.com/defective-medical-devices/ethicon-surgical-stapler/): Thousands of American medical patients are coming forward with complaints about surgical stapler injuries. In particular, Ethicon (a subsidiary of... - [Defective Medical Devices](https://www.searcylaw.com/defective-medical-devices/): Tens of millions of Americans live with medical devices implanted in their bodies, from artificial joint and heart defibrillators to... - [Roundup Glyphosate Non Hodgkins Lymphoma](https://www.searcylaw.com/product-liability/unsafe-products/roundup-glyphosate-non-hodgkins-lymphoma/): Searcy Denney is representing clients diagnosed with Non-Hodgkin’s Lymphoma (NHL) after being exposed to the active ingredient found in Monsanto’s... - [Dangerous Drug Claims](https://www.searcylaw.com/dangerous-drug-lawyer/): After a Prescription Drug Injury, You Need Searcy Denney Most people in the United States take at least one prescription... - [Hypersensitivity Reactions to Medication](https://www.searcylaw.com/dangerous-drug-lawyer/hypersensitivity-reactions/): More than 100 drugs have been associated with severe, life-threatening hypersensitivity reactions, including Stevens-Johnson Syndrome (SJS) and Toxic Epidermal Necrolysis... - [Mass Tort vs Class Action](https://www.searcylaw.com/mass-torts/mass-tort-vs-class-action/): You may have heard the term “class action lawsuit” before. But are you familiar with what is called a “mass... - [Pharmaceutical Litigation](https://www.searcylaw.com/pharmaceutical-lawyer/): Searcy Denney: Leading Pharmaceutical Lawyers for Every Aspect of Litigation The pharmaceutical industry never stops booming. With countless television commercials... - [Defective Drugs](https://www.searcylaw.com/defective-drug-lawyer/): Prescription drugs have helped advance medicine and extended the lives of millions of people. However, far too often than not,... - [3M Earplugs](https://www.searcylaw.com/mass-torts/3m-earplugs/): UPDATE: On July 24, 2020, a judge denied 3M’s attempt to hide behind a government contractor defense, allowing thousands of... - [Wrongful Death Claims After a Crime](https://www.searcylaw.com/wrongful-death/wrongful-death-claims-after-crime/): If You Have Lost a Loved One to Violence or Other Criminal Conduct, You Should Speak with a Lawyer about... - [Hotels and Resort Negligence](https://www.searcylaw.com/personal-injury/personal-injury-claims/florida-hotel-injury-lawyer/): Florida Hotel Negligence Lawyer for Premises Liability and Other Injury Claims Against Resorts and Other Properties When you stay at... - [Breach of Warranty Claims](https://www.searcylaw.com/product-liability/breach-of-warranty-claims/): Any time you buy a product, that product comes with certain warranties. While companies will often provide written (or “express”)... - [Child Injury Claims](https://www.searcylaw.com/personal-injury/florida-child-injury-lawyer/): Was Your Child Involved in an Accident? Discuss Your Family’s Rights and Options As a parent, there is no worse... - [Paraquat Herbicide Exposure](https://www.searcylaw.com/product-liability/unsafe-products/paraquat-herbicide/): Fighting for Compensation After Exposure to Paraquat Paraquat is a non-selective herbicide widely used in commercial farming. In the United... - [Tow Truck Accidents](https://www.searcylaw.com/truck-accidents/tow-truck-accidents/): Tow trucks are large, complex vehicles that provide limited visibility, and they can be dangerous if they are not properly... - [Elevator and Escalator Accidents](https://www.searcylaw.com/personal-injury/personal-injury-claims/elevator-and-escalator-accidents/): Most of us use elevators and escalators daily without giving it a second thought. They save time, they offer a... - [Cruise Ship Accidents and Illnesses](https://www.searcylaw.com/personal-injury/personal-injury-claims/cruise-ship-accidents-and-illnesses/): Getting injured or sick on a cruise ship or shore excursion can do much more than ruin your vacation. Injuries... - [Special Circumstances in Premises Liability Cases](https://www.searcylaw.com/premises-liability/special-circumstances-in-premises-liability-cases/): As a Florida premises liability law firm, we have represented clients in cases involving a broad range of circumstances. While... - [Rental Car Accidents](https://www.searcylaw.com/car-accidents/rental-car-accidents/): In Florida, rental cars are everywhere. Tourists and business travelers come from across the country and worldwide to visit our... - [Bus Accidents](https://www.searcylaw.com/car-accidents/bus-accidents/): Our Lawyers Can Manage Your Bus Accident Claim While buses provide an essential mode of transportation for individuals who either... - [Road Hazards and Dangerous Roads](https://www.searcylaw.com/car-accidents/road-hazards-and-dangerous-roads/): Florida has some of the most dangerous roadways in the country, causing hundreds of thousands of crashes to occur each... - [Tanker Truck Accidents](https://www.searcylaw.com/truck-accidents/tanker-truck-accidents/): Tanker trucks carrying fuel, oil, water, industrial chemicals and other liquids present hazards on Florida’s roads. From highways to city... - [Back and Spinal Cord Injuries](https://www.searcylaw.com/personal-injury/back-and-spinal-cord-injuries/): If you have suffered a back injury in an accident, it is important that you speak with a personal injury... - [Dog Bites](https://www.searcylaw.com/personal-injury/dog-bites/): Dog attacks can happen suddenly, with the dog’s aggression seeming to come out of nowhere. Even well-trained dogs can be... - [Pedestrian Accidents](https://www.searcylaw.com/personal-injury/pedestrian-accidents/): If You Were Hit by a Car While Walking or Running, Our Lawyers Can Help You Pedestrians have clear legal... - [Swimming Pool Accidents](https://www.searcylaw.com/personal-injury/personal-injury-claims/swimming-pool-accidents/): Our Lawyers Help Individuals and Families Recover After Pool Accidents in Florida Florida has more than its fair share of... - [Catastrophic Injuries](https://www.searcylaw.com/personal-injury/catastrophic-injuries/): A Catastrophic Injury Can Change Your Life Forever. Our Lawyers Can Help You Recover. When you are involved in a... - [Burn Injuries](https://www.searcylaw.com/personal-injury/burn-injuries/): We Help Victims Recover from the Traumatic and Lifelong Effects of Severe Burn Injuries If you have suffered severe burn... - [Boat Accidents Caused by Reckless Boating](https://www.searcylaw.com/personal-injury/boat-accidents/reckless-boating/): Every boat and vessel operator in Florida has a legal obligation to avoid operating in a careless or reckless manner.... - [Rideshare Accidents](https://www.searcylaw.com/car-accidents/rideshare-accidents/): Although rideshare arrangements can help cut down on other types of accidents such as alcohol-related crashes by making arranging for... - [Railroad Accidents](https://www.searcylaw.com/personal-injury/railroad-accidents/): Your Florida Railroad Disasters Law Firm Railroad companies have an obligation to keep passengers and the public safe from harm.... - [Auto Property Damage Claims](https://www.searcylaw.com/car-accidents/auto-property-damage-claims/): Car Crash Property Loss in Florida: Know Your Rights Many car accident victims, especially those who suffered significant injuries, are... - [Breaking Down Personal Injury Damages & Settlements](https://www.searcylaw.com/personal-injury/personal-injury-damages/): How Much are You Entitled to Recover for Your Losses? Searcy Law Explains Damages and Settlements for Personal Injury Claims... - [Fender Benders](https://www.searcylaw.com/car-accidents/fender-benders/): Discuss Your Options with Our Attorneys While a fender bender might not be the most serious type of car accident,... - [Fatal Car Crashes](https://www.searcylaw.com/wrongful-death/fatal-car-crashes/): Fatality risks are a serious concern for all who use Florida’s extensive roadways, and the statistics certainly support this anxiety.... - [Negligent Security](https://www.searcylaw.com/premises-liability/negligent-security/): It is not uncommon for people to be exposed to criminal activity linked to a particular business property. Customers might... - [Hit and Run Accidents](https://www.searcylaw.com/car-accidents/hit-and-run-accidents/): Our Team Can Help You If you have been injured in a hit-and-run car accident in which the defendant fled... - [Bicycle Accidents](https://www.searcylaw.com/personal-injury/bicycle-accidents/): Bicycles Are No Match for Cars, Big Trucks on the Road Bicycling is a favorite form of exercise and family... - [Motorcycle Accidents](https://www.searcylaw.com/personal-injury/motorcycle-accidents/): Helping Injured Motorcyclists Obtain Compensation Florida is the Sunshine State, and sunshine is a magnet for motorcyclists. Our weather may... --- ## Offices - [Motorcycle Accidents](https://www.searcylaw.com/tallahassee/tallahassee-motorcycle-accidents/): Talk to a Tallahassee Motorcycle Accident Lawyer Today While the weather brings bikers to Florida all year round, the beautiful... - [Severe Burns](https://www.searcylaw.com/tallahassee/personal-injury/severe-burns/): Getting the Right Recovery for Burn Injuries Unfortunately, if there’s one thing we’ve learned in decades of helping accident victims,... - [Loss of Digits and Limbs](https://www.searcylaw.com/tallahassee/personal-injury/loss-digits-limbs/): We Fight for Maximum Compensation for Amputation Victims Losing an arm, leg, or any part of your hand or foot... - [Inhalation and Exposure](https://www.searcylaw.com/tallahassee/personal-injury/inhalation-exposure/): Maximum Compensation When Exposure to Toxic Chemicals Causes Injuries Businesses are relying on an increasingly complex array of chemicals to... - [Ear, Eye, and Facial Injuries](https://www.searcylaw.com/tallahassee/personal-injury/ear-eye-facial-injuries/): Get the Compensation You Deserve for Facial Trauma or Loss of Hearing or Eyesight Accidents involving cars, trucks, motorcycles, and... - [Head-On Collisions](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/head-on-collisions/): Of all the car accidents our team has investigated over the years, head-on collisions have been the most devastating. Victims... - [Rear-End Collisions](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/rear-end-collisions/): Rear-end collisions are one of the common types of car accidents reported in the Tallahassee area, and people often underestimate... - [Uninsured Motorist Accidents](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/uninsured-motorist-accidents/): Our Tallahassee Auto Accident Lawyer Can Help You Recover As if being in an auto accident is not bad enough,... - [Broken Bones](https://www.searcylaw.com/tallahassee/personal-injury/broken-bones/): Many people think of broken bones as minor injuries that heal with no detrimental effects. While that may be true... - [Back and Spinal Cord Injuries](https://www.searcylaw.com/tallahassee/personal-injury/back-and-spinal-cord-injuries/): Are You Entitled to Financial Compensation for Your Back or Spinal Cord Injury? Find Out for Free Back and spinal... - [Cement Mixers](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/cement-mixers/): Although accidents involving cement mixers frequently result in serious injuries, the commercial enterprises who own and operate these trucks work... - [Dump Trucks](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/dump-trucks/): Dump truck accidents often cause very serious injuries in the Tallahassee area. With all the construction and repair work in... - [Garbage Trucks](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/garbage-trucks/): Although garbage trucks are not as large and heavy as tractor-trailers, they are considered among the most dangerous vehicles on... - [Utility Trucks and Vans](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/utility-trucks-and-vans/): While utilities are vital for the functions of modern life around Tallahassee, the process of maintaining utility infrastructure often puts... - [Delivery Trucks and Vans](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/delivery-trucks-and-vans/): A Tallahassee Delivery Truck Accident Lawyer Can Help Online shopping steadily increased over time until the pandemic shifted the trend... - [Steps to Take to Strengthen Your Birth Injury Malpractice Case](https://www.searcylaw.com/tallahassee/medical-malpractice/birth-injuries/steps-to-take-to-strengthen-your-birth-injury-malpractice-case/): Of all the cases that injury attorneys handle, birth injuries often seem like the most heartbreaking and unfair. A child... - [18-Wheelers, Tractor-Trailers, and Semi-Trucks](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/18-wheelers-tractor-trailers-and-semi-trucks/): Tractor trailers and other types of commercial trucks on the road in Florida can weigh up to 80,000 pounds. The... - [Tanker Trucks](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/tanker-trucks/): Many of the most dangerous liquid substances on the planet are transported on our highways every day by ordinary tanker... - [Flatbed Trucks and Vehicle Transport Trailers](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/flatbed-trucks-and-vehicle-transport-trailers/): Accidents involving flatbed trucks and vehicle transport trailers often involve unique circumstances that can add to the severity of injuries... - [Steps to Take After a Car Accident](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/steps-to-take-after-a-car-accident/): Learn How to Protect Your Legal Rights from an Experienced Tallahassee Car Accident Lawyer If you’ve been injured in a... - [Statute of Limitations](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/statute-of-limitations/): Find Out How Long You Have to Hire a Tallahassee Car Accident Lawyer When you get injured in a car... - [Car Accident Injuries](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/car-accident-injuries/): Injured in a Collision? Get Help from an Experienced Tallahassee Car Accident Lawyer Car accidents are dangerous. Serious accidents can... - [Causes of Car Accidents](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/causes-of-car-accidents/): Hire a Tallahassee Car Accident Lawyer to Prove Your Claim When you suffer serious injuries in a car accident that... - [Types of Car Accidents](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/types-of-car-accidents/): Get Help with Your Claim from an Experienced Tallahassee Car Accident Lawyer All types of car accidents can result in... - [Hospital and ER Negligence](https://www.searcylaw.com/tallahassee/medical-malpractice/hospital-and-er-negligence/): Decide If You Wish to File a Claim After a Free, First Meeting with a Tallahassee Hospital Negligence Attorney Hospitals... - [Delivery and Neonatal (NICU) Malpractice](https://www.searcylaw.com/tallahassee/medical-malpractice/birth-injuries/delivery-and-neonatal-nicu-malpractice/): Talk to a Tallahassee NICU Injury Lawyer about Your Family’s Legal Rights Following a Birth Injury Diagnosis Welcoming a new... - [Medical Misdiagnosis](https://www.searcylaw.com/tallahassee/medical-malpractice/hospital-and-er-negligence/medical-misdiagnosis/): Misdiagnosis is the Most-Common Form of Medical Malpractice. Let a Tallahassee Misdiagnosis Lawyer Help. What if you went to the... - [Medication Errors](https://www.searcylaw.com/tallahassee/medical-malpractice/hospital-and-er-negligence/medication-errors/): Contact Our Tallahassee Medication Error Attorneys if Your Health Suffered as a Result of a Mistake Medication errors can occur... - [Pharmacy Errors](https://www.searcylaw.com/tallahassee/medical-malpractice/hospital-and-er-negligence/pharmacy-errors/): Tallahassee Pharmacy Error Attorneys for Prescription Mix-Ups and Other Mistakes Each year, an estimated 1. 5 million people suffer harm... - [Tallahassee Cancer Misdiagnosis Lawyer](https://www.searcylaw.com/tallahassee/medical-malpractice/hospital-and-er-negligence/tallahassee-cancer-misdiagnosis-lawyer/): A Misdiagnosis or Delayed Diagnosis Could Be Catastrophic. Let a Tallahassee Cancer Attorney Help. A cancer diagnosis can be a... - [Personal Injury](https://www.searcylaw.com/tallahassee/personal-injury/): If you have been injured in an accident, your choice of legal representation matters. Not only do you need a... - [Dog Bite Injuries](https://www.searcylaw.com/tallahassee/personal-injury/dog-bite-injuries/): Dog Bite Injuries Can Be Costly and Entitle You to Compensation According to data published by the CDC, over 4.... - [Catastrophic Injury Claims](https://www.searcylaw.com/tallahassee/personal-injury/catastrophic-injury-claims/): Tallahassee Catastrophic Injury Lawyer Fights for Full Recovery for Those Suffering Tragic Injuries When you or a loved one suffer... - [Product Liability](https://www.searcylaw.com/tallahassee/product-liability/): Our Tallahassee Product Liability Lawyers Win Billions of Dollars of Compensation for Our Clients. From vehicle components to medical devices,... - [Tallahassee Cerebral Palsy Lawyer](https://www.searcylaw.com/tallahassee/medical-malpractice/birth-injuries/tallahassee-cerebral-palsy-lawyer/): The disorders grouped under the term cerebral palsy (CP) affect a child’s ability to control muscle movements, making it difficult... - [Birth Injuries](https://www.searcylaw.com/tallahassee/medical-malpractice/birth-injuries/): Our Tallahassee Birth Injury Attorneys are Committed to Helping Families Recover Just Compensation. With today’s medical knowledge and technology, most... - [Medical Malpractice](https://www.searcylaw.com/tallahassee/medical-malpractice/): Speak with a Tallahassee Medical Malpractice Lawyer Today No one expects their doctor to make a mistake. No one expects... - [What Makes Another Driver Negligent?](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/what-makes-another-driver-negligent/): Injured in an Accident? Find Out if You are Entitled to Compensation from a Tallahassee Car Crash Lawyer When you... - [Towle House History & Tour](https://www.searcylaw.com/tallahassee/towle-house-history-tour/): A Tallahassee Injury Law Firm in a Building Filled with History and Charm When Searcy Denney decided to establish a... - [Car Accidents](https://www.searcylaw.com/offices/west-palm-beach/help-after-west-palm-beach-car-accidents/): There are lots of reasons to live in West Palm Beach. From easy access to some of Florida’s best beaches... - [Mass Tort Claims](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-mass-tort-lawyers/): All companies have corporate responsibilities. These include responsibilities to sell products that are safe for their intended use and to... - [Mass Torts Claims](https://www.searcylaw.com/offices/tampa/mass-torts-claims-in-tampa/): If you have been injured by a dangerous or defective product, there is a good chance you are not alone.... - [Negligent Security Claims](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-negligent-security-attorney/): Businesses and other property owners have a legal obligation to help protect the safety of people who lawfully visit their... - [Catastrophic Injury Claims](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-catastrophic-injury-lawyer/): When accidents happen, they can cause a wide range of injuries that span from relatively minor bumps and bruises to... - [Bicycle Accidents and Collisions](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-bicycle-accident-lawyer-representing-cyclists/): Bicycles are an increasingly popular form of exercise and transportation in South Florida, where the weather makes it possible to... - [Nursing Home Abuse and Neglect](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-nursing-home-abuse-lawyer-fighting-for-you/): The decision to move a loved one to a nursing home — and the choice between various facilities — is... - [Boat and Watercraft Accidents](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-boat-accident-lawyer/): Boating is a popular activity in West Palm Beach, thanks to its location along the Intracoastal waterway, access to the... - [Swimming Pool Accidents & Drownings](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-swimming-pool-accident-lawyer/): A fun and relaxing day at the pool can turn tragic in an instant. From a slip and fall on... - [Product Liability & Defective Products](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-product-liability-lawyer/): Some of the most common and frequently used products are also some of the most dangerous. Whether it is a... - [Pedestrian Accidents](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-pedestrian-accident-lawyer/): Car accidents are part of the risk that comes with getting in a vehicle, whether you are behind the wheel... - [Premises Liability](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-premises-liability-lawyer/): Accidents are a part of life, whether it is a slip and fall on a slick grocery store aisle or... - [Motorcycle Accident Claims](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-motorcycle-accident-lawyer/): There is nothing quite like seeing the Sunshine State on two wheels. The freedom and enjoyment that comes with hitting... - [Medical Malpractice & Negligence](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-medical-malpractice-attorney/): Individuals and families put a tremendous amount of faith and trust into medical professionals. Unfortunately, doctors and other health care... - [Child Injury Attorney](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-child-injury-attorney/): Accidents are a part of life for parents and their children, whether they happen on the playground or in the... - [Slip and Fall Injuries](https://www.searcylaw.com/offices/west-palm-beach/slip-and-fall-injuries/): Slips and falls are a category of accident that refers to a wide range of mishaps that can cause serious... - [Dog Bites and Animal Attacks](https://www.searcylaw.com/offices/west-palm-beach/dog-bites/): Dogs may be “man’s best friend,” but they have also been known to turn on people in vicious attacks that... - [Types of Truck Accident Claims](https://www.searcylaw.com/offices/west-palm-beach/truck-accidents-in-west-palm-beach/types-of-truck-accident-claims/): West Palm Beach truck accidents happen in many different ways, caused by a variety of factors and involving a wide... - [Wrongful Death](https://www.searcylaw.com/tallahassee/tallahassee-wrongful-death-lawyers/): Have You Lost a Loved One Unexpectedly? When you lose a loved one unexpectedly and believe that another person or... - [Wrongful Death Lawsuits](https://www.searcylaw.com/offices/west-palm-beach/west-palm-beach-wrongful-death-attorney/): If you have lost a loved one unexpectedly, it will be important for you to learn about your family’s legal... - [Wrongful Death Claims](https://www.searcylaw.com/offices/tampa/tampa-wrongful-death-lawyer/): Coping with the loss of a loved one presents unique and unimaginable challenges. Your family faces a long and difficult... - [Truck Accidents in Tampa](https://www.searcylaw.com/offices/tampa/truck-accidents-in-tampa/): Truck accidents cause serious and fatal injuries at disproportionately high rates. Large commercial trucks are bigger, heavier and harder to... - [Car Accidents](https://www.searcylaw.com/offices/tampa/tampa-car-accident-attorneys/): As Florida’s third-largest city, Tampa also has some of the busiest roads in the state. Accidents on I-4, I-75 and... - [Tampa](https://www.searcylaw.com/offices/tampa/): Searcy Denney Scarola Barnhart & Shipley PA is a Florida personal injury law firm that represents individuals who have been... - [Car Accident Claims](https://www.searcylaw.com/tallahassee/tallahassee-car-accident-lawyer/): As both the geographic and cultural center of the Florida Panhandle, Tallahassee sees more than its fair share of car... - [Truck Accidents](https://www.searcylaw.com/tallahassee/tallahassee-truck-accidents/): Collisions involving large trucks cause a disproportionate number of severe injuries and deaths, and it is not hard to see... - [Truck Accidents in West Palm Beach](https://www.searcylaw.com/offices/west-palm-beach/truck-accidents-in-west-palm-beach/): If you or someone you care about has been involved in a serious accident with a large commercial vehicle, you... - [Tallahassee](https://www.searcylaw.com/tallahassee/): Searcy Denney Scarola Barnhart & Shipley’s Tallahassee personal injury attorneys represent victims hurt in accidents stemming from negligence, including aviation... - [West Palm Beach](https://www.searcylaw.com/offices/west-palm-beach/): Searcy Denney Scarola Barnhart & Shipley PA Phone: 561-686-6300 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409-6601 The... --- # # Detailed Content ## Pages Legal Disclaimer The following is the legal and privacy policy of Searcy Denney Scarola Barnhart & Shipley, P. A. , hereinafter ("the Firm"). Unless otherwise indicated, Searcy Denney Scarola Barnhart & Shipley, P. A. , attorneys are Not Certified by any state Board of Legal Specialization in the areas of practice listed on their biographies unless specified as such. Attorney-Client Relationship The materials on this website are intended for informational purposes only and are not intended to be, nor should they be interpreted as legal advice or opinion. The reader should not consider this information to be an invitation to an attorney-client relationship, should not rely on the information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with the Firm via email is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity. By coming to the site you have affirmatively sought the Firm out to obtain information. Transmission of Information Electronic mail or other communications through this site or otherwise to the Firm or any of its lawyers in connection with a matter for which we do not already represent you may not be treated as privileged or confidential. If you choose to contact us through this website, you should be aware that any information transmitted electronically may not be secure. Legal Warranty The content of this website contains general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this website regarding the status of a given law or legal issue may not be current or applicable to your particular situation. Florida Tort Law Update (March 2023) The Florida legislature passed a series of new laws in March 2023 that, for example, reduced the statute of limitations (the time in which you have to file a lawsuit) for negligence cases from (4) years to (2) years. Several other legal rights were amended or removed as well. The Firm is in the process of amending much of the content on the website to conform to these new laws. Our website has always been intended to be informational in nature and not to provide legal advice. You should contact our firm or other lawyers to verify any information. Bar Membership Although this website may be viewed from any of the 50 United States of America and territories, as well as any country, lawyers named on the website may not be licensed to practice law except in jurisdictions where the Firm maintains offices or where it is specifically set forth the attorney is licensed to practice. Links This website occasionally contains links to other web pages; however, the inclusion of such links does not constitute referrals or endorsements of the linked entities. Links to organizations and governmental agencies are provided as a convenience to our readers. The Firm does not endorse and is not responsible for any third-party content that may be accessed from its website and does not recommend or endorse the use of any third-party's services. The links are to be accessed at the user's own risk, and the authors of this website make no representations or... --- What is a Medical Malpractice Claim? While medical malpractice has long been a concern for patients and families, it came into the spotlight in 2016. This is when Johns Hopkins Medicine released the results of a study that found that medical malpractice had become the third-leading cause of death in the United States. According to the widely-respected teaching hospital: “Johns Hopkins patient safety experts ... calculated that more than 250,000 deaths per year are due to medical error in the U. S. Their figure ... surpasses the U. S. Centers for Disease Control and Prevention’s (CDC’s) third leading cause of death — respiratory disease, which kills close to 150,000 people per year. ” You read that correctly—more than a quarter of a million people in the United States die every year due to medical mistakes that could (and should) have been avoided. This is an alarming statistic. It also clearly suggests that there are far more cases of medical malpractice that, while not fatal, still leave patients and their families coping with unnecessary medical and financial complications. What Is Medical Malpractice? Given the prevalence of serious medical errors in the U. S. , it is important that patients, families and caregivers have a clear understanding of how and when these errors occur. So, what is medical malpractice? Medical malpractice is any mistake in the medical setting that reflects a healthcare provider’s failure to meet its duty of care. All healthcare providers—doctors, nurses, hospitals and others—owe a duty of care under their state’s laws. While healthcare providers’ duties vary from state to state (and even between localities and medical specialties in some cases), as a general rule, healthcare providers must treat their patients with the level of care that reasonably prudent providers would use under similar circumstances. This means that not all medical errors rise to the level of medical malpractice. For example, after a catastrophic event, a hospital’s emergency room (ER) may be so chaotic and over capacity that doctors, nurses and administrators are all scrambling to do the best they can. In this type of scenario, certain errors (but not all errors) are to be expected. But, when doctors and others have the time and resources they need to make an accurate diagnosis and deliver appropriate treatment, the bar is much higher. In legal terms, a claim for medical malpractice has four key “elements. ” These elements are: A Duty of Care Owed to the Patient – Healthcare providers do not automatically owe a duty in all circumstances. For example, while some states have good Samaritan laws, in most cases a duty of care only arises once there is a doctor-patient relationship. The first element of a medical malpractice claim is evidence of a duty of care. A Breach of the Provider’s Duty of Care – Next, the healthcare provider must breach its duty of care. As discussed above, this generally involves failing to adhere to the prevailing standards in light of the provider’s geographic location and specialty. Harm to the Patient – Third, the patient must suffer harm. This harm could take any of a variety of different forms—from not getting the treatment he or she needs to suffering physical trauma due to a surgical mistake. Proof that the Provider’s Breach Caused the Patient’s Harm – Finally, there must be evidence that the provider’s breach caused the patient’s harm. If a patient has experienced complications regardless of the quality of care he or she received, then this “causation” element will be absent. When all four elements are present, a patient (or the patient’s family) can—and should—file a medical... --- Risks of Defective Drugs and Products When you buy a product, you expect it to work as advertised. You expect it to be safe for its intended use, and you expect to be able to use it without worrying about the risk of injury. This applies to everything you buy, from your car and the toys you buy your children to your medications and the foods you eat every day. Unfortunately, not everything we buy meets our expectations. In fact, many products are defective. Manufacturers and producers regularly issue recalls, and these recalls cover just a small fraction of the defective products we may encounter in our day-to-day lives. Defective products are a concern for workers in many occupations as well. From defective tools and equipment to dangerous herbicides, many workers unknowingly expose themselves to risks on the job. In some cases, these risks lead to traumatic injuries. In others, they cause health complications that may not become apparent until years—or even decades—down the line. When Are Drugs and Other Products Considered “Defective”? While we commonly use the word “defective” to describe a product that isn’t working properly, this term has a specific meaning under the law—and there is an important reason why. In legal terms, a product is considered defective if it is unsafe for its ordinary, intended and/or advertised use. As such, a product defect can involve any of the following: Design Defect – A product suffers from a design defect if it is unsafe for its intended use regardless of whether it is manufactured properly. If a hip replacement device wears down over time due to friction in the artificial joint, this would be an example of a design defect. Manufacturing Defect – A product suffers from a manufacturing defect if it is unsafe because of an issue that arises during the manufacturing process. If a batch of tools comes off of the assembly line without a set screw needed to keep the tool from coming apart, this would be an example of a manufacturing defect. Failure to Warn – A failure to warn defect exists when a product is sold without a warning that consumers need in order to use the product safely. If a medication’s warning label omits information about a potential side effect, this would be an example of a failure to warn defect. Why is it important whether a drug or other product is considered legally “defective”? When a defective product causes an injury or death, a unique legal standard applies. In most personal injury and wrongful death cases, recovering just compensation requires proof of negligence. This means that it must be possible to show that someone else (or a company) was at fault—that they made a mistake that reflects a deviation from the duty of care we all owe in society. In product defect cases, however, proof of negligence isn’t required. Instead, these cases are governed by the law of “strict liability. ” This means that if a victim’s or family’s lawyer can prove that the product in question was defective, this is enough to establish a claim for just compensation. This is true regardless of whether the manufacturer or producer was negligent in putting a defective product on the market. Common Types of Defective Drugs and Other Products In recent years, we have seen numerous single-plaintiff and large-scale class-action lawsuits involving all types of defective drugs and other products. Here are some examples of the types of drugs and other products most commonly involved: Defective Drugs Medications are essential to modern healthcare. Patients rely on all types of prescription drugs to... --- Car Accident Must-Have Resources Car accidents are an everyday occurrence in the United States. In fact, there are more than 15,000 car accidents in the U. S. every day on average, and, tragically, there are more than 100 accidents every day that result in fatalities. As these statistics show, car accidents are a major problem. As other statistics show (which we get into below), the vast majority of car accidents are also avoidable. This means that the problem can be fixed, but it is up to government agencies, drivers, and even passengers to do their part to help keep our roadways as safe as possible. This comprehensive guide to car accidents in the United States covers everything you need to know about car accident statistics, the leading causes of car accidents and car accident prevention. It also covers steps drivers, and passengers can take to help protect themselves (and others), as well as what to do in the event that you or a loved one is involved in a serious collision. U. S. National Car Accident Statistics As we’ve already discussed, car accidents are far more common in the U. S. than they should be. Here are some additional statistics from the National Highway Traffic Safety Administration (NHTSA), Insurance Information Institute (III), and the Insurance Institute for Highway Safety (IIHS): Millions of People Are Injured in Car Accidents Every Year – According to the NHTSA’s most recent data, an estimated 2. 28 million people suffered injuries in car accidents in 2020. This represented a 17-percent decrease from the total of 2. 74 estimated injuries in 2019—which can most likely be attributed to the impacts of the COVID-19 pandemic. While Injury Rates Are Declining, Fatality Rates Are on the Rise – When taken as a rate based on accidents per millions of miles traveled, injury-involved car accidents decreased by a lesser amount—just six percent—in 2020. But, while the rate of injury-involved car accidents decreased slightly in 2020, the rate of fatal car accidents increased by an alarming 21 percent. The Summer Months Are the Most Dangerous Months to Drive – Data from the NHTSA indicate that the summer months are the most dangerous months to drive in the United States. June, July and August all see high rates of injury-involved and fatal car accidents, most likely attributable to the increase in highway traffic during the summer vacation season. Drivers Between the Ages of 16 and 20 Are the Most Likely to Be Involved in Fatal Car Accidents – The III reports that drivers between the ages of 16 and 20 have the highest rate of involvement in fatal car accidents (38. 52 per 100,000 licensed drivers). This is the highest rate by a significant margin. While more drivers between the ages of 25 and 34 are killed in car accidents, this is due to the fact that there are far more drivers in this age group. Fatal Car Accidents Are More Common Than They Were a Decade Ago – Consistent with the NHTSA’s data, the IIHS reports that the rate of fatal car accidents has increased significantly—by nearly 20 percent—over the past decade. While the rate of fatal car accidents was 10. 4 per 100,000 drivers in 2011, it was 11. 8 per 100,000 drivers in 2020. Leading Driver-Related Causes of Serious and Fatal Car Accidents Despite the frequency of car accidents in the United States, most serious and fatal car accidents are avoidable. Driver negligence is the most common factor in these accidents, and, simply put, there is no excuse for any driver to be negligent behind the wheel. For... --- Injured in the Florida Panhandle? Discuss Your Legal Rights with a Pensacola Personal Injury Lawyer Today Injuries can happen under a broad range of scenarios. From vehicle collisions to slips and falls, and from medical mistakes to the use of defective products, all types of unexpected occurrences can lead to severe, life-altering injuries. Fortunately, in many cases, accident victims and their loved ones will be entitled to recover just compensation. A Pensacola personal injury lawyer at Searcy Denney can help accident victims and families throughout the Florida Panhandle recover the financial compensation they deserve. How a Personal Injury Lawyer Can Help During the Settlement Process Understandably, many people don’t want to file a lawsuit or go to court. Unfortunately, they may also assume that they don’t need a personal injury lawyer. While you are not required to be represented by an attorney, non-lawyers are at a significant disadvantage, even during the settlement process. Insurance companies will try to settle your claim for as little as possible. They will demand that you prove what happened and require you to submit extensive documentation concerning the accident and the injuries you suffered. They will also pressure you to settle your claim as quickly as possible, often before you even know the extent of your injuries or what your total losses will be. This can be overwhelming when you’re in pain and trying to focus on your recovery. Meanwhile, every insurance company works closely with in-house legal experts and outside attorneys to determine how they should handle your claim. As a result, they know the law and understand how it will apply to your case. They use this knowledge to shape their strategy. Doing so can give them a tremendous advantage if they know you don’t want to go to court. The bottom line is that the insurance company is not on your side, even when they are responsive and cooperative. Working with an experienced Pensacola personal injury lawyer levels the playing field. Here are some of the ways that an attorney can help with your claim: They can help collect the documentation you need to bring a successful claim. They can interview witnesses to the accident. They can speak on your behalf with the insurance companies, the other driver, and any other parties who may be involved in your case. They can negotiate the settlement of your claim, subject to your approval. Generally speaking, non-lawyers settle their claims for far less than what they are worth. Our personal injury lawyers can make sure you get fair compensation for your injuries. What If My Claim Goes to Court? If you cannot settle your claim, going to court is your only option to get the compensation you deserve. Unfortunately, the legal process is extraordinarily difficult for non-lawyers to navigate. A procedural mistake can jeopardize your entire claim. For example, your case may be dismissed because you failed to meet a deadline. You may not be able to submit critical evidence because you did not follow the appropriate rules. The insurance company will be represented by counsel who will take advantage of your lack of legal experience. A Pensacola personal injury lawyer will know how to navigate the legal process, including knowing when the deadlines are, what documents have to be submitted, what evidence you will need, and how to prepare your case for trial. Also, they will know the law and how it applies to your case. This knowledge is invaluable, as they will provide guidance as to when you should settle and when you should proceed to trial. Our Injury Lawyers Explain Negligence Most... --- For more than 45 years, the personal injury attorneys at Searcy Denney have been helping accident victims in Fort Walton Beach and throughout Florida recover just compensation for their losses. We understand the practical consequences of facing financial strain while recovering from severe traumatic injuries, and we know what it means for our clients to win the financial compensation they deserve. If you have been seriously injured, your Fort Walton Beach personal injury lawyer can seek just compensation on your behalf—and we can help you get back to your normal life. Our injury attorneys handle cases involving all types of serious accidents and injuries. We routinely represent clients who have suffered substantial losses, and we take pride in making sure our clients have the financial resources they need to recover. Regardless of what happened, and no matter who is to blame, our attorneys will do whatever it takes to make sure you receive just compensation. Are you ready to get started? So are we. Proven Results in Personal Injury, Medical Malpractice, and Product Defect Lawsuits With centuries of combined legal experience, our attorneys have secured billions of dollars in compensation for our clients. This includes winning substantial settlements and verdicts for clients who have suffered severe traumatic injuries and lost loved ones under a broad range of circumstances. Is it Time for You to Speak with Searcy Denney? Many people struggle with the decision of whether to contact an attorney for a personal injury case. At Searcy Denney, we want to make sure this decision is as simple as possible: If you have put in the effort to look for an attorney, you owe it to yourself to speak with one about your legal rights. Our initial consultations are complimentary and completely risk-free, and we are more than happy to speak with you to determine if you have a claim for financial compensation. Were you involved in a car, truck, SUV, or motorcycle accident? Were you injured on public or private property? Were you injured by a product that seemed to malfunction or that did not work as you expected? Are you concerned about the quality of your or a loved one’s medical care? Has your child, spouse, or parent been seriously injured? Or have you lost a close family member in an accident? If your answer to any of these questions is, “Yes,” then our personal injury attorneys can help you understand your situation and decide if it makes sense to pursue a claim for just compensation. Claims A Fort Walton Beach Injury Law Firm Can Help You Win Our personal injury practice encompasses all types of serious accidents occurring in Fort Walton Beach and the surrounding areas of North Florida. Our lawyers have helped clients recover just compensation in cases involving: Personal injury protection (PIP) auto accident insurance claims Bodily injury liability (BIL) and uninsured/underinsured motorist (UIM) auto accident insurance claims Automobile and commercial vehicle accident claims (including large truck accidents) Vehicle and road defect auto accident claims Medical mistakes, defective medical devices, and dangerous prescription drugs Other accidents involving dangerous and defective products Slips, falls, swimming pool accidents, elevator and escalator accidents, construction site accidents, and other premises-related claims What to Bring When You Meet with Your Personal Injury Lawyer When you meet with a lawyer at the initial consultation, your goal is to get a sense of whether or not this lawyer is a good fit for your case. However, and perhaps more importantly, it’s also an opportunity for the lawyer to provide you with the following: A determination of whether you have a legal claim... --- Welcome New Florida Residents - Searcy Law Skip to Content Home Car Accidents Truck Accidents Medical Malpractice What We Do Personal Injury Car Accidents Truck Accidents Wrongful Death Boating Accidents Commercial Litigation Product Liability Mass Torts Unsafe Medical Devices Medical Malpractice Premises Liability Sexual Assault Meet Your Team Time to Care Giving Back To Our Community Taking Time to Care Volunteer Opportunities Welcome Guide for New Florida Residents Results That Matter Areas Served Cases and Results Testimonials Submit Your Review Firm News Newsletters Press Releases Blog Must Have Resources Do You Know? 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Our Fee Promise Informational Videos Our Brochure Car Accidents Medical Malpractice Defective Drugs and Other Products Contact Us Open Search SearcyLatino.com Searcy Tallahassee Car Accidents Truck Accidents Medical Malpractice Personal Injury Our Fee Promise:No Recovery? You Owe Us Nothing - No Fees. No Cost. Free Consultation Today 800-780-8607 Review Us Call Us Now Open Search Open Menu Welcome New Florida Residents How to Become a Florida Resident If you are new to the Sunshine State, welcome! We hope you love living here as much as we do. To help make your transition easier, we have compiled our “Move to Florida” guide to help you become accustomed to the intricacies that help make our state special. Our sincere hope is that having this information at your fingertips will enable you to successfully navigate life in Florida.  Florida Dangers for Your Pet Poisonous Plants to Pets in Florida How to Stay Safe on Florida Roadways How to Stay Safe on Florida Beaches About Florida Wildlife Swimming Pool Safety Golf Cart Laws in Florida Bike Safety in Florida How to Get a Florida Driver’s License Weather Precautions for Hurricane Season Parents: Things to Know Before Moving to Florida Registering to Vote in Florida Registering for Florida Homestead Exemption No State Income Tax in Florida – What that Means for You Florida Dangers for Your Pet We understand that pets are family members for many people, and so we thought it best to let you know about specific dangers to your furry friends that exist in Florida. While some of these Florida-specific dangers may be strange to new-comers, by taking a few extra precautions and keeping your eyes open you should be able to avoid a lot of these dangers. Bufo Toads (Cane Toad)  Originating from the region of South Texas to the Amazon basin in South America, a bufo, or cane toad is not native to the state of Florida. Even so, it is very common to find them in your yard if you live in South Florida, central Florida, and in the panhandle. These toads range in color from red to gray to light yellow, and can grow from 6 to 9 inches. Their size is what makes them stand out from native southern toads, which can only grow from 3... --- At Searcy Denney, we are committed to righting wrongs for accidents, negligence, and social injustice victims. When a Florida accident and injury lawyer from our firm takes your case, you become a member of our family. When an accident disrupts your life, you deserve help putting the pieces back together. As you attempt to move on, you will discover more and more ways that your injuries impact your life, and you may find that certain things will never be the same. If someone else, a company, or a defective product is responsible for your injuries, the law entitles you to compensation, but to ensure that you maximize your recovery, you need experience on your side with the help of the right Florida personal injury lawyer. --- Personal Injury, Mass Tort, Medical Malpractice and Wrongful Death Lawyers Serving Jacksonville, FL An accident can change everything. Whether you were seriously injured in a collision or you have learned that a doctor made a costly mistake, going through the recovery process can bring your normal life to a screeching halt. It can also be incredibly expensive. From medical bills to loss of earnings, many accident victims and families in Jacksonville face substantial losses. Serious and fatal accidents can lead to non-financial costs as well. It is for these reasons that accident victims and families need experienced legal representation. We help accident victims and families in Jacksonville recover just compensation. If you need a Jacksonville personal injury lawyer, we strongly encourage you to contact us right away. Our lawyers have many years of experience and have recovered billions of dollars for our clients. We can use this experience to help you recover. About Jacksonville Jacksonville is one of the northernmost cities in Florida. It is also the biggest city in Florida, with a population rapidly approaching one million. Situated near the Atlantic Coast and in close proximity to several well-known beaches, Jacksonville is both a popular tourist destination and a permanent destination for transplants seeking to take advantage of all that the city has to offer. Since the St. Johns River bisects Jacksonville on its way to the Atlantic, the city is also a hub for recreational boaters and maritime businesses. Boaters passing through Jacksonville will see MOSH and several museums along the river’s banks, and they will pass by the Timucuan Ecological and Historic Preserve and the Jacksonville Zoo. Our lawyers represent individuals and families in personal injury cases throughout the greater Jacksonville area. Whether you live or work in downtown Jacksonville, near the beach or in western Duval County, we can use our local experience to help you recover just compensation. We handle cases in areas including (but not limited to): Arlington Hills Baymeadows Beach Haven Cedar Hills Downtown Jacksonville East Arlington Golden Glades Jacksonville Beach Jacksonville Heights Jacksonville North Estates Lakeshore Mandarin Station Oceanway The surrounding areas of Duval County In addition to representing Jacksonville-area residents, we also represent out-of-town visitors. If you were injured while on vacation or visiting Jacksonville on business, you will need a local law firm to help you assert your legal rights. Our Jacksonville lawyers have experience representing clients across the country, and we can work with you remotely regardless of where you live. Do You Have a Claim for Compensation in Jacksonville? While coping with the aftermath of a serious or fatal accident can be incredibly difficult, it is possible to move on. But, moving on requires closure, and it also requires the knowledge that you have the financial resources necessary to cover your costs now and in the future. Our lawyers handle all types of serious and fatal accident cases in Jacksonville and the surrounding areas. This includes cases involving: Car Accidents Mass Torts Medical Malpractice Personal Injury Product Liability Premises Liability Truck Accidents Unsafe Medical Devices Watercraft and Boating Accidents Wrongful Death No matter what happened, if you have questions about your legal rights, we want you to contact us. Our Jacksonville injury lawyers are more than happy to speak with you, and we can help you feel confident that you are making the right decisions with your best interests in mind. What To Expect When You Choose Our Firm for Your Personal Injury Case in Jacksonville When you have a personal injury claim, recovering just compensation requires a clear and comprehensive understanding of how to assert your legal... --- Miami Lawyers for Individuals and Families in Need of Just Compensation There are lots of reasons why someone might need a lawyer. From car accidents to medical mistakes, all types of accidents and incidents can lead to unexpected harm and costs families cannot afford. At Searcy Denney Scarola Barnhart & Shipley, our Miami lawyers bring centuries of experience in handling all types of claims. Whether you have been injured or lost a loved one, we are prepared to fight for the compensation you deserve. We handle all cases on a contingency fee basis. This means your initial consultation is free, and you do not pay anything unless we win. You will have direct, one-on-one access to your lawyer throughout your case, and your lawyer will help you make informed decisions at each stage of the process. About Miami What is there to say about Miami that hasn’t already been said? With its beaches and nightlife, Miami is known as a tourist destination worldwide. It has been memorialized in movies and television shows for decades, and it is a bucket-list destination for many travelers. But, many people also call Miami home. Miami is the second-largest city in Florida, and Miami-Dade County is home to numerous businesses, universities, sports and entertainment venues, financial institutions, and hospitals. Interstate 95, Route 1 and the A1A are key thoroughfares; and, as the city grows, its local roads are becoming increasingly crowded. Even so, Miami is still undoubtedly a great place to live and work, and we are proud to represent so many local residents. We Handle Personal Injury Claims Throughout Miami With a permanent population of nearly 500,000 and a heavy tourist population year-round, Miami is a busy place. While this is part of what makes Miami great, it is also a major contributing factor in the high number of accidents in the city each year. Our lawyers handle claims against insurance companies, businesses, property owners, hospitals, and other entities throughout Miami, including areas such as: Allapattah Coral Gables Coral Way Downtown Miami Grapeland Heights Little Havana Miami Beach South Miami Wynwood The surrounding areas of Miami-Dade County Regardless of whether you live in Miami, work in Miami or were visiting Miami from out of town, we can help you if you suffered injuries in an accident that was someone else’s fault. We can also help you if your spouse or child has been injured, or if you have tragically lost a loved one under circumstances in which someone else was to blame. We are passionate, meticulous and relentless advocates for our clients, and you can rest assured that we will do everything we can to recover the financial compensation you and your family deserve. About Our Personal Injury Practice At Searcy Denney, our practice is devoted to helping individuals and families who have suffered losses due to others’ negligence and mistakes. If you are in need of legal representation in Miami, here is what we want you to know about our firm: Who We Are Though we offer a host of practice areas, we are primarily a Florida personal injury and wrongful death law firm. We have been fighting for residents of Miami and other areas for more than 45 years, and our lawyers have centuries of combined experience securing settlements and verdicts for our clients. We also have a staff of dedicated legal professionals who are available to assist our clients with any questions they may have about seeking medical treatment, dealing with the insurance companies or dealing with their employers. What We Do Our lawyers represent individuals and families in cases involving... --- Key West Injury Lawyers with Billions of Dollars Recovered Serving Residents and Tourist Are you entitled to financial compensation? While this is a question you probably never thought you would have to ask, it is now one of the most important questions on your mind. You or a loved one has been severely injured, and you are going to need help as you try to move forward. We are here for you. Whether you live in Key West or you are visiting from out of town, our lawyers can help you assert your legal rights. We have represented thousands of accident victims in Florida over the past 45 years, and we can use this experience to help you recover the financial compensation you deserve. About Key West Key West is among the most famous locations in the United States—and with good reason. It is truly unique; and, while visitors come for tours and key lime pie, local residents stay for Key West’s one-of-a-kind laidback lifestyle. Getting to Key West generally means driving through the Florida Keys on Highway 1. On the island, Roosevelt Boulevard sees the most traffic, but local streets around Mallory Square, the Hemingway Home and the Southernmost Point of the Continental U. S. can get busy as well. While Key West’s full-time population is small, there are lots of local businesses on the island, and most residents can get by without ever leaving their slice of paradise. About Our Practice While Key West is paradise for many people, there are still issues from time to time. Car accidents, medical mistakes, dangerous premises and product failures can – and do – lead to serious and fatal injuries. At Searcy Denney, our Key West lawyers represent local residents and visitors who need help recovering just compensation due to: Car Accidents Mass Torts Medical Malpractice Dangerous and Defective Products Dangerous and Defective Premises Truck Accidents Unsafe Medical Devices Watercraft and Boating Accidents Wrongful Death We handle many other types of accidents as well. From pedestrian and bicycle accidents to dog bites, no matter what happened, we encourage you to contact us if you or a loved one has been severely injured in Key West. One of our lawyers will be more than happy to speak with you, review the facts of your case, and determine if you have a claim for just compensation. What You Need to Know about Filing a Claim If you are like most people, you have lots of questions about filing a claim. Here are some of the key facts you need to know: 1. It is Important to Seek Help Promptly After any type of accident or medical mistake, it is important to seek help promptly. This means seeking medical treatment right away (from a new doctor if you have concerns about medical malpractice), and it means consulting with a lawyer as soon as possible. 2. Your Losses May Continue to Grow While many accident victims and families focus on their immediate costs, the costs of a serious accident will continue to grow. In order to avoid paying the cost of someone else’s mistake, you will need to make sure you seek just compensation for your current and future losses. 3. You Will Need Help from a Florida Lawyer Whether you live in Key West or were visiting from out of town, you will need to hire a Florida lawyer to represent you. We have multiple offices throughout Florida, and we regularly represent clients who have claims in Key West. 4. Hiring a Lawyer Costs Nothing Out-of-Pocket It costs nothing out-of-pocket to hire a lawyer... --- Our Naples Injury Law Firm Help Individuals and Families Recover Just Compensation Dealing with the aftermath of a serious or fatal accident can be extremely challenging. Whether you were injured in a collision, you have lost a loved one to medical malpractice or you are facing any other life-altering scenario, you will need help to move on. At Searcy Denney Scarola Barnhart & Shipley, our attorneys bring centuries of experience to helping individuals and families in Naples. Regardless of what happened, if you have questions about your legal rights, you owe it to yourself to speak with an attorney. We offer free consultations in Naples, and we are more than happy to come to you. Don’t let your uncertainty keep you from moving forward. Talk to a lawyer today and start making informed decisions with your (and your family’s) best interests in mind. About Naples Located on Florida’s Gulf Coast, Naples is the county seat of Collier County. Surrounding areas include Golden Gate, Coquina Sands, Port Royal and Verona Walk. Known worldwide for its golf courses and white sand beaches, residents love Naples for its year-round sunny weather and local feel. Do You Need a Lawyer in Naples? There are several reasons why someone might need a lawyer in Naples. While Naples is relatively small compared to Florida’s larger cities, there is still a lot going on. Highway 41 and many local roads are becoming increasingly congested, there is seemingly non-stop construction, and new medical offices and other businesses are constantly moving in. We represent individuals and families in Naples who need help recovering just compensation for all types of accidents, product failures and medical mistakes. If you need a lawyer in Naples for any of the following, we encourage you to contact us promptly for a free consultation: Car Accidents We have helped thousands of drivers, passengers, cyclists and pedestrians recover just compensation for car accidents. Our lawyers can deal with the insurance companies for you; and, if you have a claim outside of auto insurance, we can fight to win the compensation you deserve. Mass Torts Mass tort litigation involves claims against product manufacturers and other companies that have caused harm to a substantial number of individuals and families. We have successfully pursued mass tort claims against numerous large companies on behalf of clients in Naples, throughout Florida and nationwide. Medical Malpractice Medical malpractice is far more common than any of us would like to believe. If you or a loved one has received substandard medical care in Naples, our medical malpractice lawyers can pursue a claim for just compensation on your behalf. Personal Injury All types of accidents can lead to medical expenses, loss of earnings and other losses. At Searcy Denney Scarola Barnhart & Shipley, we have experience handling all types of personal injury claims. Product Liability Dangerous and defective products are to blame for numerous serious and fatal injuries every year. Our lawyers represent individuals and families in product liability cases involving vehicles, home goods, tools, machinery and equipment, toys and all other types of business and consumer products. Premises Liability Slips, trips and falls can happen for a variety of different reasons—many of which have to do with the condition of the property where the accident occurs. In these cases, property owners and tenants can be held liable under Florida’s law of premises liability. Truck Accidents Commercial trucks are a constant presence on Naples’ roads. If you have been injured or a loved one has been killed in a commercial truck accident, our lawyers will fight to make sure you and your family receive... --- Orlando Lawyers for Cases Involving Personal Injuries, Product Defects, Mass Torts, Medical Malpractice and More We are a Florida law firm that has recovered billions of dollars in compensation for our clients. If you or your child has been seriously injured in Orlando, or if you have lost a loved one to an accident or medical malpractice, we can use our experience to help you seek just compensation. Contact us 24/7 for a free, no-obligation consultation. The costs of a serious or fatal accident can add up quickly, and taking action promptly can be critical for maximizing your financial recovery. At Searcy Denney Scarola Barnhart & Shipley, we are intimately familiar with the challenges of pursuing complex claims—and we have theresults to prove it. When you choose Searcy Denney, you will work with an experienced lawyer one-on-one, and your lawyer will use the facts of your case to seek maximum compensation on your behalf. About Orlando Located in central Florida, the Orlando area is best known as the home of Walt Disney World, Universal Studios and Sea World. But, Orlando also has much more to offer. It has several bustling residential communities, and many different types of businesses call this beautiful city home. While Orlando is many travelers’ final destination, Interstate 4 and the city’s other major highways see a lot of through traffic as well. As the city continues to grow, congestion is becoming a bigger issue—and this means accidents are becoming a bigger issue as well. But, Orlando is still a great place to visit or live; and, from local restaurants to museums and the Orlando Science Center, there is plenty to do without straying too far from your home or hotel room. About Our Orlando Personal Injury Practice Our lawyers represent Orlando residents and visitors who need help recovering just compensation following serious and fatal accidents. We also have extensive experience in cases involving unsafe medical devices and medical malpractice. We represent locals and visitors in serious injury and fatal accident cases throughout the Orlando area. Whether you are a full-time resident or you got injured while visiting Orlando on vacation, we can help you assert your legal rights under Florida law. We handle cases throughout the greater Orlando area, including cases involving accidents in the areas of: Baldwin Park Belle Isle Celebration Doctor Phillips Downtown Orlando Fairview Shores Lake Apopka Lake Hart Orlando International Airport Orlando’s Central Business District Universal Orlando Walt Disney World Windermere Winter Garden Winter Park The surrounding areas of Orange County Regardless of where your (or your loved one’s) accident happened, regardless of the circumstances involved and regardless of who you believe may be to blame, we strongly encourage you to contact us to learn about your legal rights. Florida law entitles accident victims and families to financial compensation in many cases; and, if you have a claim, our Orlando lawyers can use their experience to help you recover the compensation you deserve. Serious and Fatal Accident Cases All types of accidents can lead to serious or fatal injuries. Our experience includes recovering just compensation on behalf of individuals and families in cases involving: Car Accidents – Whether you were injured in a traffic accident on the highway or an intersection collision in downtown Orlando, we can help you deal with the insurance companies and make sure you receive just compensation. Mass Torts – If you or a loved one has been injured by a dangerous or defective product, you may be able to join a mass tort lawsuit to recover your losses. Personal Injury – From accidents in amusement parks to... --- Personal Injury, Medical Malpractice, Mass Tort and Wrongful Death Lawyers Serving Lakeland, FL When something beyond your control changes your life in the blink of an eye, it can be difficult to grapple with the consequences. But, it is important to recover as quickly as possible, and you also need to be careful to protect your legal rights. In many cases, victims and families will be entitled to significant financial compensation, and securing this compensation can be crucial for managing the long-term effects of another person’s or company’s mistake. At Searcy Denney Scarola Barnhart & Shipley, we help victims and families in Lakeland recover just compensation. We have been doing so for more than 45 years. If you need help, we are here for you, and you can contact us for a free, no-obligation consultation 24/7. About Lakeland Located between Tampa and Orlando, Lakeland is a growing city known for its rich history. Home to several museums and Florida Southern College, which has buildings designed by Frank Lloyd Wright, it is a place that local residents are proud to call home. As a result of its location and ease of access from Interstate 4, it is a popular stop for vacationers as well, and Lakeland is fast becoming a destination of its own. Cases We Handle in Lakeland We handle many different types of cases on behalf of residents and visitors. Our Lakeland injury lawyers have recovered billions of dollars in compensation for individuals and families in cases involving: Vehicle and Watercraft Accidents Vehicle and watercraft accidents often result in serious injuries. Tragically, some of these accidents prove fatal. If you have been injured or lost a loved one in Lakeland, our lawyers can fight for the compensation you deserve. Car Accidents Truck Accidents Watercraft and Boating Accidents Medical Claims Seeking medical treatment should not be risky. Unfortunately, it is. Medical malpractice is a very real concern for patients seeking all forms of treatment, and unsafe medical devices are to blame for numerous injuries and fatalities each year. Medical Malpractice Unsafe Medical Devices Product Defect and Mass Tort Claims We represent victims and families in individual product defect claims as well as mass tort litigation. If you or a loved one has been injured by a dangerous or defective product in Lakeland, you should speak with a lawyer about your legal rights promptly. Product Liability Mass Torts Personal Injury and Wrongful Death Our lawyers handle many other types of personal injury and wrongful death claims as well. Whether you were injured in a fall, a loved one was killed while cycling, or you need to seek just compensation for any other reason, our lawyers can help you assert your legal rights. Personal Injury Premises Liability Wrongful Death Talk to a Lakeland Injury Lawyer about Your Case For more information about how our lawyers can help after a serious or fatal accident, contact us for a free, no-obligation consultation. Call 800-780-8607 or contact us online to schedule an appointment or via phone today. --- Need a Lawyer in Fort Lauderdale? Get a Free Injury Consultation 24/7 Recovering from an accident is never easy. But, it can be especially difficult if another person or company is to blame. While you may be entitled to significant compensation, recovering this compensation requires perseverance, patience and a relentless desire to win. At Searcy Denney Scarola Barnhart & Shipley, these are what we offer. We are passionate about helping victims and families in Fort Lauderdale, and our track record shows it. Our lawyers have helped our clients recover billions of dollars in financial compensation. Whether you need an injury lawyer in Fort Lauderdale for a car accident, product or premises liability claim, or medical malpractice lawsuit, you can rely on the team at Searcy Denney to help you win the compensation you deserve. About Fort Lauderdale Located in Broward County, Fort Lauderdale is among Florida’s fastest-growing cities. Known as the Yachting Capital of the World, it is a haven for boaters, and it is an extremely popular tourist destination as well. With its beaches, restaurants, businesses and water views, Fort Lauderdale is a desirable destination for people from all walks of life; and, while this has many positive attributes, it also means that Fort Lauderdale’s roads, sidewalks and neighborhoods are becoming increasingly crowded. Fort Lauderdale is home to ports, marinas, entertainment venues, numerous public parks and all types of businesses. Whether you are a local resident or you are visiting from out of town, just about anything you could ever want is just a short walk or drive away. These are the Cases We Handle Despite all that it has to offer, Fort Lauderdale – like all cities – can still be a dangerous place to visit, live or work. This is a fact that we know all too well. We have helped numerous local residents, families, and travelers file successful claims in cases involving: Car Accidents Mass Torts Medical Malpractice Personal Injury Product Liability Premises Liability Truck Accidents Unsafe Medical Devices Watercraft and Boating Accidents Wrongful Death These are Our Results Lots of potential clients have questions about our results. At Searcy Denney Scarola Barnhart & Shipley, we are proud to share the results we have obtained in the past. Here is just a small sampling of some of the recent results we have secured on behalf of our clients: $1 billion verdict for victims of defective Stryker hip replacement devices $25. 8 million verdict from Walgreens for a prescription error $23 million verdict for the victim of a police shooting $16 million verdict for a patient who suffered permanent blindness and paralysis following two misdiagnoses $10 million verdict for a client who suffered severe injuries in a multi-vehicle accident $6 million verdict for passenger who suffered severe injuries in a hit-and-run crash $4. 25 million verdict for a patient whose healthcare providers repeatedly failed to diagnose his pancreatic cancer $2 million verdict for the family of a victim tragically killed in a commercial truck accident $1. 2 million verdict for a client who suffered severe injuries due to a mall escalator malfunction $1 million verdict for a high school student who suffered a traumatic brain injury in a commercial truck accident We cannot guarantee any particular outcome in your case. The amount you are entitled to recover for your case (if any) depends entirely on the unique circumstances involved. However, what we can guarantee is that we will thoroughly assess your legal rights, we will use our experience to accurately calculate your losses, and we will do everything we reasonably can to help you collect the compensation... --- Winning Attorneys Throughout Florida and Nationwide At Searcy Denney, our skilled lawyers and litigators help clients throughout Florida in a host of personal injury, medical malpractice and motor vehicle accident claims. Below is a sampling of some of the cities we help. Additionally, our mass tort team helps clients throughout the United States. We hope you select our firm to help with your case. --- sds oc 1-24-0424v2. indd --- Searcy Brochure Updates May 2024 --- Florida Coronavirus Resources The Searcy Denney team has compiled a list of resources for our clients and the South Florida community. Searcy Denney law is monitoring how the virus impacts your legal rights and the South Florida community. Understanding The CARES Act The Coronavirus Aid, Relief, and Economic Security Act (CARES) is the largest stimulus package in American history. While the legislation outlines specific relief options for businesses, education and hospitals, the two key points that likely have the largest impact on you are (1) the availability of forgivable loans to small businesses (2) the direct cash payment of $1,200 per adult and $500 per dependent child for most Americans. Use the resources below to determine your eligibility and calculate your expected payment. F. A. Q. on Stimulus Checks, Unemployment and the Coronavirus Plan SUMMARY: The IRS is using 2019 income to determine your payment, 2018 income if you have not yet filed your 2019 tax return. Unemployed people and veterans are eligible for checks, but anyone who is claimed as a dependent on another’s tax returns is not eligible (which includes some college students). Calculate how much you’ll get from the $1,200 (or more) coronavirus checks SUMMARY: Answer questions and add your gross 2019 income to determine the amount of your stimulus check. When Will You Get Your Stimulus Payment SUMMARY: If the IRS has your direct deposit information you should receive your check in mid-April. There will be a separate form for Americans who cannot accept direct deposit. Economic impact payments: What you need to know SUMMARY: Check back at this webpage in the coming weeks to update your direct deposit information if it is not already supplied as part of filing your 2019 taxes. As coronavirus spreads, undocumented immigrants are losing jobs with no financial safety net SUMMARY: Undocumented workers won’t benefit from the stimulus package. The stimulus check won't be in the mail for Americans who owe child support SUMMARY: If you owe child support you don’t qualify for a check, but if you owe back taxes or are late on your student loan payments, you do qualify. Your Money: A Hub for Help During the Coronavirus Crisis SUMMARY: You can pause federal student loans, secure unemployment insurance, file for paid leave. If You Think You Might Be Sick Cold symptoms don’t necessarily mean you’ve contracted COVID-19. It is still cold and flu season. Hospitals need to stay open for emergency cases and tests reserved for those with severe symptoms. If your symptoms wouldn’t warrant a trip to the hospital six months ago, it is recommended that you do not go to the emergency room. Coronavirus Self-Checker SUMMARY: The Centers for Disease Control and Prevention have developed a guide to help identify if your symptoms require urgent care. COVID-19: Should I Get Tested? SUMMARY: International travel and shortness of breath are the two main indicators for determining whether you should be tested. What you need to know now about COVID-19 in Florida SUMMARY: Review guidelines for washing your hands, identifying your symptoms and practicing social distancing. Educational Family Resources 50 Virtual Museum Tours Around the World Palm Beach County Beach Cams WPB Community DIY Guide WPB Community Events Common Sense Media Listen Live: Supreme Court Arguments Storyline Online Library Delray Library - Live & Local: Authors Read from Home Virtual Happenings at Morikami Museum & Japanese Gardens Preservation Foundation of Palm Beach Famous Museums Virtual Tours Virtual Tours – Museums, Zoos & Theme Parks Virtual Tours – 5 National Parks Google Earth – Virtual Tours of 31 National Parks NASA Virtual Tours South Florida Science Center... --- Coronavirus Lawsuit FAQs As the coronavirus continues to spread throughout the country, Americans are becoming increasingly concerned about protecting their legal rights. And for good reason. Business owners are struggling financially and employers are laying off workers in record numbers. Governments are making decisions about their communities that have far-reaching consequences for everyone. People are turning to the legal community for advice and counsel. Searcy Denney law is following developments in our South Florida community and throughout the state. As more and more families face the reality of infection, it’s more important than ever to understand your rights as a citizen, as a patient, and as an employee during the coronavirus crisis. Can coronavirus victims sue for personal injury/illness? The circumstances surrounding each COVID-19 case is unique, so there is no one answer to the question of whether COVID-19 victims have a cause of action for personal injury. Our COVID-19 personal injury lawyers will look at your circumstances and determine (1) how you became exposed to the illness (2) the extent of your illness and (3) whether “all reasonable measures” were taken to prevent your exposure to the virus. What other types of coronavirus lawsuits are possible? The legal implications of the coronavirus extend beyond personal injury claims. Family, business, insurance and employment lawyers are facing an influx in coronavirus-related questions. We’ve seen reports for lawsuits related to price gouging, false claims, securities and general negligence. A negligence lawsuit alleges that an entity, like a cruise ship, hospital, business or even government office, didn’t take “all reasonable measures” to prevent the spread of COVID-19. What happens if I contract COVID-19 while receiving treatment for an ongoing case? You should avoid the hospital and doctor’s offices during the coronavirus outbreak. Hospitals are making room for emergency COVID-19 treatment and it’s in everyone’s best interest to avoid emergency rooms unless critically necessary. If you’re admitted to the hospital for a reason other than coronavirus and you believe you contracted coronavirus during your stay, consult with a COVID-19 personal injury lawyer to discuss your legal options. Can I be liable for getting someone else sick with coronavirus? You could possibly be liable for giving someone else coronavirus. However, it would be difficult to establish liability. For a COVID-19 personal injury claim to be successful you need to prove that the defendant (in this example, the person who got you sick) (1) did something wrong (2) that the something they did wrong caused your sickness. We all know and understand that COVID-19 is highly contagious from one person to another via objects and droplets. As such, it will be difficult – in most cases – to prove you contracted the disease from one certain person. While a civil lawsuit for spreading coronavirus might not be likely, it’s possible to face civil and criminal penalties if you violate laws meant to protect the public and “flatten the curve. ” In Florida, a failure to observe stay-at-home orders, business closures, and other health-related orders is a second-degree misdemeanor. --- COVID-19 Business Continuity Access to legal services is of fundamental importance for an injured individual and their family – it is an essential component of the rule of law and a service we have provided the Florida community for more than 45 years. In order to continue to provide this critical service, we have contingency plans in place that enable us to provide you with uninterrupted service, including access to our lawyers for current and new personal injury claims. Searcy Denney leadership will continue monitoring the COVID-19 situation closely and will adhere to recommendations from the World Health Organization, Center for Disease Control, and other health organizations. WHAT ARE YOUR HOURS OF OPERATION? We are maintaining our traditional business hours of 8 am to 5 pm, but you can call our offices 24/7. HOW WILL MY CASE BE IMPACTED? Our attorneys and legal staff have returned to working 100% in the office. You can have key conversations with the experts, attorneys, and insurance representatives involved in resolving your case in person or over the phone. CAN I STILL REACH MY LEGAL TEAM BY PHONE? Your legal team can be reached directly by phone or email. To reach your attorney by phone you may call our main phone numbers, 1-855-436-3809 or 561-867-6960, or contact them directly. HOW WILL I BE NOTIFIED IF YOUR OFFICES CLOSE? To prevent the spread of the virus, Searcy Denney is complying with the recommendations of the CDC and other government health officials. If we must close the office, you will be notified by your legal team who will be successfully operating remotely if necessary. You can reach your attorney or paralegal by phone or email during normal business hours. WHAT IF I AM IN A CAR ACCIDENT DURING A PANDEMIC? Accidents happen – even in a pandemic. Our Florida personal injury attorneys are here for you immediately after your accident. If you’ve been injured in an accident, please call 1-855-436-3809 to learn about your legal options. ARE YOU STILL OFFERING FREE CONSULTATIONS? Yes. If you have been in an accident, or are experiencing a personal injury-related matter, call 1-855-436-3809 to speak with a Florida personal injury lawyer. --- Our Testimonials --- West Palm Beach 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409-6601 Toll-free: (800) 780-8607 Phone: (561) 686-6300 En Espanol: (800) 220-7006 Tallahassee Towle House, 517 N. Calhoun St. Tallahassee, FL 32301-1231 Toll-free: (888) 549-7011 Phone: (850) 224-7600 En Espanol: (800) 220-7006 --- The amounts listed for cases represent gross verdicts and settlements obtained on behalf of clients over the last 45 years, without adjustment for fees, costs, or medical liens. In some cases, verdicts were amended or appealed, or were not fully recoverable due to the insolvency of defendants. Accounts of recent trials, verdicts, and settlements contained on this website are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case. Omitting clients’ names and/or defendants’ names are the result of requests for anonymity. --- Videos to Help You Understand Florida Law --- Searcy Denney Scarola Barnhart & Shipley is dedicated to giving back to our community. Our law firm is known for its philanthropy, supporting hundreds of non-profit organizations and charitable causes each year. The firm's more than 150 employees also take a very active role by donating money and volunteering for community organizations. In the early 1980s, we pioneered a concept that other firms, locally and nationally, have duplicated. We regularly purchase television and radio airtime for charitable agencies to use to gain public awareness for their causes. These public service announcements, which are presented under our "Taking... Time to Care" theme, offer non-profit organizations a broad forum to promote activities, garner public interest, and recruit volunteers. We make it a priority to donate time and money to the disadvantaged in our community. It's more than just a slogan ... we really do "Take Time to Care. " To learn more about our community service, check out these photo stories about our firm "family" in action: Searcy Denney “family” participates in runs/walks for local charities. Attorneys and staff give back to our community during the holidays. SDSBS supports the FHP Advisory Council Attorneys & Staff from Tallahassee office Taking Time to Care These organizations have been our special partners in community service. We would like to acknowledge some of the special organizations we have worked with over the years whose caring has enriched the lives of so many. Their websites include valuable information and services available to the public. Please visit their sites and learn more about these fine organizations: 1000 Friends of Florida 2-1-1 A Full Summer Achievement Centers for Children & Families Adopt a Family ALS Association Alzheimer’s Community Care American Cancer Society American Red Cross American Heart Association American Lung Association America's Second Harvest of the Big Bend Animal Shelter Foundation Apalachicola Riverkeeper Arthur R. Marshall Foundation Audubon of Florida Autism Speaks Best Buddies Florida Big Bend Cares Tallahassee Big Bend Habitat for Humanity Big Brothers/Big Sisters Big Dog Ranch Rescue Boys & Girls Clubs Brain Injury Association of Florida Busch Wildlife Center Caridad Center Caring Children Clothing Children Center for Justice & Democracy Chasin’ a Dream Children’s Healing Institute Children's Home Society Clinics Can Help Coastal Conservation Association Community Greening Communities In Schools Cox Science Center and Aquarium Cystic Fibrosis Foundation Dress For Success Easter Seals End Distracted Driving Farmworker Coordinating Council Feeding South Florida Forgotten Soldiers Outreach, Inc. The Foster & Adoptive Parents Association of Palm Beach County Friends of the Mandel Public Library Furry Friends Adoption & Clinic Go2 Foundation for Lung Cancer Foundation Gold Coast Down Syndrome Guardian Ad Litem Guatemalan-Maya Center Gulfstream Goodwill Industries Habitat for Humanity PBC Hands Across the Sand Healthy Mothers/Healthy Babies Helping People Succeed Humane Society of the Treasure Coast, Inc. Jack the Bike Man, Inc. Jewish Family & Children's Service Junior Achievement Juvenile Diabetes Research Foundation Keep Palm Beach County Beautiful Kids in Distress Kid Safe Foundation League of Women Voters Leukemia & Lymphoma Society Literacy Coalition of Palm Beach County Lord's Place/Cafe Joshua March of Dimes Meals on Wheels Melanoma Foundation Morikami Museum Mothers Against Drunk Driving MorseLife Multiple Sclerosis Foundation National Alliance on Mental Illness in PBC Palm Beach County Historical Society Palm Beach Habilitation Center, Inc. Palm Beach Zoo & Conservation Society Peggy Adams Animal Rescue League Project Lifesaver OnBikes Pine Jog Environmental Center Quantum House Racing to the Rescue Ronald McDonald House Charities Safety Council of PBC Sandoway House Nature Center Seagull Services Sierra Club Special Olympics St. Jude Children’s Research Hospital Take Stock in Children Tallahassee Ballet Tallahassee Symphony Orchestra The Arc of... --- It's not just the cash that counts. We make a living by what we get, we make a life by what we give. - Sir Winston Churchill In this difficult economy, many Floridians who used to make generous donations to non-profit organizations have had to cut back on their charitable giving. For a lot of us, our good intentions have had to take a back seat to buying groceries and paying bills, especially if a family member is unemployed or we are struggling with debts. Yet we still want to help. We know that there are thousands of families with needs greater than ours. We feel a strong commitment to help others, whether because of religious beliefs or a spirit of community ... or both. What can we do? Who volunteers? People like you! 77. 4 million Americans volunteer, contributing 6. 9 billion hours, estimated economic value $167 billion. Areas of volunteerism included (1) religious 32%, (2) sports/hobbies/cultural activities 25. 7%, (3) education 29. 2%) (4) civic/political/professional 6. 2%, (5) public safety 6%, (6) Hospital/health 6%, (7) Environmental 5%. Highest form of participation is fundraising (36%), followed by collecting or serving food (34%), collecting/distributing clothing or good (27%), and mentoring youth (26%). Utah was at the top of the list for active volunteerism, Florida was last among the states. FL stats: 3. 87 million volunteers (22. 8% of residents) contributed 340. 7 million hours, worth $8. 2 billion. 23. 6% "do something positive for neighborhood," 19. 2% participate in local organizations, 43. 2% donate $25 or more to charities. Volunteer rate for women is 28%, men 22%. 35- to-54-year-olds were most likely to volunteer (29%). Next highest is teenagers (26%); many schools give students academic credit for community service, and some require it. Lowest level of volunteerism is among 20-24 year-olds (18%). Parents of children under 18 remain more likely to volunteer (31%) than persons without children (23%). 72% of volunteers are involved with either one or two organizations; people with higher levels of education tend to volunteer for multiple organizations. 88% of employers believe that effective engagement in programs that promote volunteerism helps attract and retain employees. To get started, indulge your passion ... and follow your heart. Here are some questions to ask yourself: Is there one cause that is especially meaningful to me? Do I shed tears for animals that need rescuing, am I driven to feed the hungry, do I yearn to work with young children? Has there been a hurricane or other disaster in my area where people need help? What kind of organization would I enjoy working with? A chapter of a national group with a highly professional operation ... or a local startup that’s a “show in the barn” not quite ready for Broadway? What kind of volunteer schedule would work best for me? Do I want a once-a-week assignment, a regular monthly task, or a special project? Statistics indicate that many Americans would volunteer for short-term tasks, and more and more non-profit organizations are willing to accommodate them. What skills do I have that could transfer to a non-profit group’s needs? I’m a social person who loves working with people on the front line. I’m a computer wizard who can whip any database into shape. I’m a student eligible to earn credit for community service hours. I like staying behind the scenes, helping in the office or staffing a booth. I’m a crackerjack event organizer - just point me to a fundraiser. I want to volunteer from my home, or from my smartphone when I have downtime. I’m not sure how I... --- Searcy Denney’s Fee Promise: No Recovery, You Owe Us Nothing In nearly every type of case, including personal injury claims, we agree to work for you on a contingent fee basis. This means that our fee is an agreed-upon portion of the amount of money you recover, and our fee is contingent upon making a recovery for you: That is, we will not get paid any fees unless you win your case. Under the rules set forth by the Florida Bar, fees charged by personal injury lawyers are carefully regulated. We must have a written fee agreement with you from the beginning of our attorney-client relationship, and this agreement must set forth clearly what percentage of your recovery we will receive. Here are some important elements of a contingent fee arrangement: The amount of the contingent fee you pay can be affected by a number of factors: The stage at which we take on your case, the type of case you have, and whether we must initiate collection or appellate work after a trial. Separate and unrelated to the contingent fee, ultimately you are responsible for the costs of handling your case. Most often, these costs are handled in the same way as our contingent fee - you owe us nothing unless we make a recovery for you. Costs typically include things such as court filing fees, expenses paid to witnesses, travel costs, and similar expenses associated with proving your case successfully. If we are successful in recovering monies for you, these costs will be deducted from your recovery. The Florida Bar Rules of Professional Conduct provide for certain limitations on fees in contingency cases. Most of these rules are included in a "Statement of Client's Rights" that we provide to prospective clients. These rules apply, for example, to vehicle crashes and defective product claims. Medical malpractice cases are governed by both the Florida Bar Rules and Florida Statutes. If you have asked us to assume representation of you in a medical negligence case, we will provide you with written details of these rules and laws. You should discuss with your attorney all of the details of your contingent fee arrangement, including limitations that apply in Florida, if any, and costs and expenses that you must pay. We encourage prospective clients to ask EVERY question that occurs to you; no question is too small or insignificant. It is essential that you understand EVERY aspect of our arrangement with you related to fees and costs. The Searcy Denney Difference When we conclude your case favorably, we will give you an itemized statement of costs, expenses, and fees. We will review these fees and costs with you in detail, because we want to make sure that you have a clear understanding of our financial relationship. You and all of the attorneys who represented you are required to sign this statement. The $6. 2 billion in settlements and verdicts noted on this website and recovery amounts indicated on our Cases & Results page represent gross verdicts and settlements obtained on behalf of clients over the last 45 years, without adjustment for fees, costs, or medical liens. In some cases, verdicts were amended or appealed, or were not fully recoverable due to the insolvency of defendants. The accounts of recent trials, verdicts and settlements contained in this website are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case. Omitting clients’ names and/or defendants’ names are the result... --- Our Results Our Florida personal injury lawyers have more than 45 years of experience representing victims of negligence in all types of personal injury claims, ranging from car and truck accidents to complicated medical malpractice cases. What Our Clients Say Our Florida personal injury lawyers take pride in helping victims of negligence and their families get the justice they deserve. View our testimonials and see what people are saying about their experience with an attorney from Searcy Denney Scarola Barnhart & Shipley. Cases & Results Our attorneys have secured more than $6. 2 billion in verdicts and settlements for thousands of clients inside and outside the courtroom. View some of the most recent cases and results from Searcy Denney Scarola Barnhart & Shipley. What to Expect During Your Injury Case Every case is unique, and our lawyers will take the time to listen and learn about your concerns. It can be overwhelming and challenging to know where to start when you are seriously injured in an accident. View some of our topical videos from the attorneys at Searcy Denney Scarola Barnhart & Shipley to learn more about the different types of personal injury claims our attorneys handle. Our Success Speak for Themselves Review the results feedback from our happy clients and see how we can help you with you lawsuit. Testimonials View some of the most recent testimonials from Searcy Denney Scarola Barnhart & Shipley. View Testimonials Cases & Results View some of the most recent cases and results from Searcy Denney Scarola Barnhart & Shipley. View Cases & Results Videos View some of our Topical Videos from the Attorneys at Searcy Denney Scarola Barnhart & Shipley. View Videos --- How We Help | How Searcy Denney Gives Back to the Community Skip to Content Home Car Accidents Truck Accidents Medical Malpractice What We Do Personal Injury Car Accidents Truck Accidents Wrongful Death Boating Accidents Commercial Litigation Product Liability Mass Torts Unsafe Medical Devices Medical Malpractice Premises Liability Sexual Assault Meet Your Team Time to Care Giving Back To Our Community Taking Time to Care Volunteer Opportunities Welcome Guide for New Florida Residents Results That Matter Areas Served Cases and Results Testimonials Submit Your Review Firm News Newsletters Press Releases Blog Must Have Resources Do You Know? Our Fee Promise Informational Videos Our Brochure Car Accidents Medical Malpractice Defective Drugs and Other Products Contact Us Contact Form Map & Directions Videos Search Website Run Search Close Our Fee Promise:No Recovery? You Owe Us Nothing - No Fees. No Cost. No Recovery? No Cost. Free Consult Home Car Accidents Truck Accidents Medical Malpractice What We Do Personal Injury Car Accidents Truck Accidents Wrongful Death Boating Accidents Commercial Litigation Product Liability Mass Torts Unsafe Medical Devices Medical Malpractice Premises Liability Sexual Assault Meet Your Team Time to Care Giving Back To Our Community Taking Time to Care Volunteer Opportunities Welcome Guide for New Florida Residents Results That Matter Areas Served Cases and Results Testimonials Submit Your Review Firm News Newsletters Press Releases Blog Must Have Resources Do You Know? Our Fee Promise Informational Videos Our Brochure Car Accidents Medical Malpractice Defective Drugs and Other Products Contact Us Open Search SearcyLatino.com Searcy Tallahassee Car Accidents Truck Accidents Medical Malpractice Personal Injury Our Fee Promise:No Recovery? You Owe Us Nothing - No Fees. No Cost. Free Consultation Today 800-780-8607 Review Us Call Us Now Open Search Open Menu How We Care Giving Back To Our Community Searcy Denney is known for its philanthropy, supporting hundreds of non-profit organizations and charitable causes each year. We are proud to support outstanding organizations that have enriched the lives of so many. It’s a priority for all of our Florida personal injury lawyers to donate time and resources to the disadvantaged in our community. Learn more about our community service, and see how our firm “family” gives back to the community we serve. Taking Time to Care Everyone has the power to make a difference, but not everyone takes the time to care. Since the early 1980s, the Florida personal injury lawyers and staff members of Searcy Denney Scarola Barnhart & Shipley have been taking the time to do just that... care. What began as a public awareness campaign for local non-profit organizations to promote activities, garner public interest, and recruit volunteers has grown into a team of 145 employees volunteering for community organizations. It’s not just a slogan . . . we really do take “Time to Care.” Volunteer Opportunities In these challenging times, many Floridians have had to cut back on their charitable giving. While resources for financial contributions may be limited, you can still give the gift of your time. We always say that volunteers aren’t paid because their contributions are priceless. Learn about some of our local and national volunteer opportunities. Hear What Our Clients Have To Say "The attorneys and staff at Searcy Denney are some of the most compassionate and caring individuals I have met in the legal field. They work tirelessly on behalf of their clients to ensure the best possible outcome. I would highly recommend them for anyone who is seeking excellent legal representation."Posted By: Lauren Schumacher Three Locations Protecting the Injured Across Florida Here For You Today 1-800-780-8607 West Palm BeachOffice Searcy Denney Scarola Barnhart & Shipley, PA 2139... --- Our entire team of Florida personal injury lawyers, trained paralegals, thorough investigators, and other professionals works together to help build a case strategy. Learn more about the attorneys and staff members that will guide you through every step of the process and go far beyond just handling your claim. The partners of Searcy Denney Scarola Barnhart & Shipley have fostered a culture of excellence for more than 45 years. Through a commitment to sharing their wide range of personal and professional experience, our team of Florida lawyers is able to go toe-to-toe against powerful insurance companies and other corporations that put their profit before your safety. --- Don't Face Your Potential Claim Alone. Hire A Florida Injury Lawyer Who Cares At Searcy Denney, we bring decades of experience to representing accident victims. Each Florida personal injury attorney is a skilled negotiator and aggressive litigator who approaches every case with a willingness to go to trial. We understand your situation, and we appreciate that you need us to be successful in your case as quickly as possible. When you choose us to represent you, you have our promise that we will work tirelessly to fight for the compensation you deserve. Call a Florida accident lawyer today at (800) 780-8607 to speak to an experienced Florida personal injury lawyer about your case, or fill out our Contact Form to request a free consultation. Understanding Your Florida Accident Claim All of these are losses for which financial compensation is available. If someone else was at fault in the accident, you are entitled to receive just compensation for your current and future losses. This includes not only financial losses (like medical bills and loss of income), but non-financial losses (like pain and suffering, emotional trauma, and loss of enjoyment of life) as well. No Recovery, You Owe Our Law Firm Nothing At Searcy Denney, all personal injury clients receive Our Fee Promise. Simply put, if we do not help you secure a financial recovery, you owe us nothing. You do not owe us any legal fees. You do not have to reimburse us for the costs we incur (such as court fees, witnesses’ expenses and travel costs) while pursuing your claim. If we don’t recover money for you, you don’t pay. --- Our Florida Volunteer Opportunities 1000 Friends of Florida 1000 Friends of Florida partners with citizens across the state to save special places and build better communities. Using planning and conservation strategies, we advocate to protect Florida’s quality of life for current and future generations. Visit: http://www. 1000friendsofflorida. org/ 2-1-1 Palm Beach/Treasure Coast Online community resource directory providing easy access to hundreds of government, non-profit and private resources. Three quick steps allow area families to "get connected, get answers" about topics from A to Z, from ADD/ADHD to zoos. Visit: http://www. 211palmbeach. org/ Achievement Centers for Children & Families Community-based, social services organization that provides a safe, nurturing environment for children living in poverty while meeting their academic, social, emotional and physical needs. Award-winning services and nationally accredited programs serve over 800 children aged 1-18 years and 500 adults. Programs include toddler, preschool, after school, teen, summer camp and family strengthening values. Visit: http://www. achievementcentersfl. org/ Adopt-A-Family our mission is to strengthen families with children in their efforts to achieve stability and self-sufficiency by providing access to all-encompassing services. Since 1983, Adopt-A-Family has grown into the largest service provider for homeless families in Palm Beach County -- providing access to services for more than 2,000 families with children per year. Visit: http://www. adoptafamilypbc. org/ Alzheimer's Community Care Provides specialized care to patients with Alzheimer's and related diseases, including adult day care, 24-hour crisis line, nurse consultants, case management. Offers education and support to caregivers. Serves Palm Beach, Martin, St. Lucie Counties. Visit: http://www. alzcare. org/ American Red Cross Greater Palm Beach Area Chapter On-the-ground emergency services, including shelter, for natural disasters, public health emergencies, other crises. Teaches health and safety courses, disaster prevention and preparedness. Available to military and Palm Beach area families. Visit: http://www. redcross. org/fl/palm-beach Apalachicola Riverkeeper Conservation non-profit devoted to preserving natural habitat, recreation areas, and commercial fishing on Apalachicola River and Bay. Monitors river from Florida/Georgia line 108 miles down to the Gulf of Mexico. Priority advocacy issues are preserving freshwater and floodplain habitat, and fighting pollution and explosive development. Visit: http://www. apalachicolariverkeeper. org/ Area Agency on Aging Promotes, supports and advocates for the independence, dignity and wellbeing of seniors, adults with disabilities, and those who care for them in a manner that values diversity, reflects the communities they serve and embraces the collaboration of the aging network. Visit: http://www. youragingresourcecenter. org/ Arthur R. Marshall Foundation Unites people with nature through grassroots Everglades restoration projects and science-based education. More than 15,000 students K-12 have taken advantage of hands-on learning about the Everglades ecosystem and its "River of Grass. " Volunteers have planted 100,000 native Florida trees in wetlands areas. Visit: https://www. fws. gov/refuge/arm_loxahatchee/ Audubon of Florida Collaboration of members, sanctuaries, scientists, advocates, and volunteers to conserve and restore natural ecosystems, focusing on birds and wildlife. Informs public about BP spill with beach reconnaissance map and oiled wildlife reports. Visit: http://fl. audubon. org/ Autism Speaks Largest autism science and advocacy organization in the country. Funds, conducts research on causes, prevention, treatment, and cure. Raises public awareness, serves as advocate for individuals with autism and their families. Visit: http://www. autismspeaks. org/ Best Buddies Florida Best Buddies Intebestbrnational is a nonprofit 501(c)(3) organization dedicated to establishing a global volunteer movement that creates opportunities for one-to-one friendships, integrated employment and leadership development for people with intellectual and developmental disabilities (IDD). The IDD community that Best Buddies serves includes, but is not limited to, people with Down syndrome, autism, Fragile X, Williams syndrome, cerebral palsy, traumatic brain injury and other undiagnosed disabilities. Best Buddies is the world’s largest organization dedicated to ending... --- --- ## Posts - Categories: Defective Drugs The pharmaceutical retailer AvKARE has published a voluntary recall notice for five different types of eye drops previously available through the company’s online store. The recall involves products sold by BRS Analytical Service, LLC (“BRS”). According to AvKARE, BRS initiated the voluntary recall, “due to manufacturing cGMP deviations identified during an audit by FDA. ” If you believe you have been harmed by any of the OTC eyedrops discussed in the recall, please email National Mass Tort Lawyer Cal Warriner today at calvinw@searcylaw. com or call him directly at 866-475-3708 for a free consultation to learn more. As AvKARE goes on to explain: “cGMP deviations may lead to products of unacceptable quality, and it is not possible to rule out patient risks resulting from use of these products... . Further use of this product should immediately cease. ” NPR first reported the voluntary recall in May. In its reporting, NPR noted that the deviations cited in the recall notice, “could be anything from issues with packaging to problems that occurred during manufacturing. ” To date, neither AvKARE nor BRS has identified the specific issue that triggered the voluntary recall, nor has either company publicly disclosed any specific health or safety concerns. Recent Eye Drop Recall Echoes Past Recalls Involving Contamination While it isn’t yet clear what risks the eye drops covered by BRS’s voluntary recall present, we have seen similar eye drop recalls in the past. For example, the FDA issued several warnings involving contaminated eye drops in 2023. In these cases, the primary concern was the risk of a bacterial infection caused by the contamination, which had the potential to lead to partial vision loss or blindness. It is also worth noting that this isn’t the first time AvKARE has been involved in a voluntary pharmaceutical recall. Last year, AvKARE issued a recall for its Atovaquone Oral Suspension (USP 750mg/5mL) due to potential contamination with bacillus cereus. In that case, AvKARE warned of the possibility of “disseminated, life-threatening infections such as endocarditis and necrotizing soft tissue infections. ” Products Covered Under the BRS Eye Drop Recall The current recall covers five different eye drop products sold by BRS and AvKARE between May 26, 2023 and April 21, 2025: NDC# 50268-043-15 Artificial Tears Ophthalmic Solution NDC# 50268-066-15 Carboxymethylcellulose Sodium Ophthalmic Gel 1% NDC# 50268-068-15 Carboxymethylcellulose Sodium Ophthalmic Solution NDC# 50268-126-15 Lubricant Eye Drops Solution NDC# 50268-678-15 Polyvinyl Alcohol Ophthalmic Solution The recalled BRS eye drops have expiration dates ranging from April 26, 2025 through March 27, 2027. AvKARE is encouraging purchasers to return the recalled products—and, again, it is advising that purchasers stop using the recalled eye drops “immediately. ” What Should You Do if You Purchased (or Used) Recalled Eye Drops? If you have purchased (or used) eye drops covered under the recent BRS voluntary recall, what should you do? While AvKARE is encouraging purchasers to return the recalled eye drops, this isn’t necessarily the best approach—especially if you or a loved one has been diagnosed with an infection, vision loss, or another complication that you believe may be related to the recall. In this situation, you may have grounds to file a defective drug claim against AvKARE, BRS, or both. If you have a defective drug claim, the eye drops that you purchased (or used) could be important evidence in support of your claim. You could also be entitled to far more than simply a refund for the price you paid (although no compensation is guaranteed). Our mass tort lawyers are currently evaluating these cases, and if you have questions about your legal rights, we invite you to... --- - Categories: Car Accidents Witnessing a serious car accident can be a traumatic experience. This is especially true when a loved one is severely injured in the crash. In some cases, family members who witness serious accidents will never be able to fully recover—the crash is burned in their memory, and they will continue to be impacted by the crash for the rest of their lives. In this scenario, can (and should) family members hire a Florida auto accident attorney to represent them? The short answer is, “Maybe. ” Under Florida law, family members who witness a loved one’s crash can file a claim in some—but not all—cases. If you witnessed a loved one’s traumatic accident, whether you can file a claim depends on your specific circumstances. When Can Family Members File Claims for Emotional Harm? In Florida, whether family members can file a claim for emotional harm after a traumatic accident is determined by the “impact rule. ” Under the impact rule, filing a claim after a car accident usually requires physical impact and physical injury. However, there are exceptions—and some of these exceptions are important in this scenario. For example, while seeking financial compensation for emotional harm usually requires physical impact, family members who witness a loved one’s car accident may be eligible to file claims in cases involving: Emotional Harm with Physical Effects – In many cases, emotional harm can have physical effects. If you experience physical effects as a result of the emotional trauma of witnessing a loved one’s accident, you may have grounds to file a claim. Intentional Wrongdoing – The exceptions to Florida’s impact rule also generally allow family members to file claims in cases involving intentional wrongdoing. If your loved one was a victim of road rage or any other willful or malicious act, you may have grounds to file a claim for emotional harm in this scenario as well. The impact rule and its exceptions are complicated. If you file a claim for emotional harm without evidence of a physical injury, you can expect the insurance companies to dispute your claim—even if an exception to the impact rule clearly applies. As a result, it is important to have experienced legal representation, and you will want to promptly hire a Florida auto accident attorney to help you seek the financial compensation you deserve. When you hire an experienced Florida auto accident attorney to represent you, your lawyer will initially focus on gathering the evidence needed to prove that you have grounds to take legal action. This includes gathering evidence of both: (i) the cause of your loved one’s crash; and (ii) the effects you have experienced (or are continuing to experience) as a result of witnessing the accident. If the evidence suggests that you have a claim, then your lawyer will work with you and your doctors to determine how much you deserve to recover. Calculating the “Value” of Your Emotional Harm If you have grounds to file a claim for your emotional harm, it will be up to you to make sure you are seeking the full compensation you deserve. The insurance companies are not going to calculate your losses for you—instead, they are going to be focused on paying you as little as possible. Witnessing a loved one’s traumatic accident can truly be life-changing. As a result, it can be difficult to place a “value” on your emotional harm. However, this is a necessary part of the process, and there are steps you (and your attorney) can take to make sure you are seeking just compensation under the circumstances at hand. If you have a... --- - Categories: Car Accidents Fender benders are often thought of as “minor” crashes. However, while this is sometimes true, even relatively low-speed collisions can cause serious injuries in some cases. As Florida injury lawyers, this is a fact we know all too well. We frequently speak with individuals who suffered serious injuries in fender benders. These injuries can range from whiplash to bone fractures, and they can impact people’s lives in a variety of different ways. However, all of these cases share one thing in common: They leave accident victims facing significant financial losses. Identifying Hidden Injuries from Fender Benders In many cases, drivers and passengers who are involved in fender benders suffer what are commonly referred to as “hidden injuries. ” These are injuries that, while serious, do not have any visible external effects. While injuries like severe lacerations, bruises and burns are obvious, hidden injuries can go undetected without a timely medical diagnosis. Some common examples of hidden injuries that can result from even relatively minor car accidents—such as fender benders—include: Avulsion, oblique and transverse bone fractures Concussions and contusions (bruising of the brain) Herniated discs (slipped discs) and other back injuries Internal bleeding Organ damage (including damage to the kidneys, liver and lungs) Soft tissue injuries (sprains, strains and tears) Whiplash (damage to the muscles, tendons and nerves in the neck) With all of these hidden injuries, car accident victims may or may not experience symptoms immediately—though they will typically begin to experience symptoms over time. Unfortunately, this means that many car accident victims do not seek treatment until their injuries have worsened. This can prolong the recovery process and increase the risk of long-term or permanent complications. It can also substantially increase the lifetime costs of the collision. Understanding the Total Cost of Hidden Injuries from Fender Benders If you were injured in a fender bender, it is critical to make sure you understand the costs you are facing. The lifetime financial costs of hidden injuries can be substantial, and they can lead to various “non-financial costs” as well. Understanding the costs of your hidden injury starts with understanding your medical treatment needs. However, as we discuss below, this truly is just the beginning. Determining your treatment needs (and their costs) will involve: Seeking a diagnosis as soon after your fender bender as possible Getting any immediate treatment that is necessary Understanding the long-term physical implications of your diagnosis Understanding the types of treatment and therapy you will need in the future Calculating the estimated costs of your future medical care Diagnosing and treating accident-related injuries can be extremely expensive. However, if you will need additional treatment or therapy (or both) in the future, your future costs could far exceed the costs you incur in the immediate aftermath of your fender bender. When you hire our Florida injury lawyers to represent you, we will work with your doctors to ensure that we know exactly how much financial compensation we need to seek on your behalf. Along with seeking financial compensation for your medical expenses, we will seek financial compensation for your other costs as well. In a typical case, additional costs associated with a serious hidden injury will include: Prescription Medications and Medical Supplies – If you will need to pay for prescription medications or medical supplies out of pocket, these costs will add up over time. Other Out-of-Pocket Expenses – Along with prescription medications and medical supplies, accident victims will typically need to incur a variety of other out-of-pocket costs as well. Loss of Income – If your injuries from the fender bender prevent you from working, your loss... --- - Categories: Personal Injury Suffering an injury can impact your life in unexpected ways. Not only can injuries cause severe pain and lead to expensive medical bills, but they can also lead to lost earnings, emotional trauma, and other financial and non-financial losses. This makes it critically important to make sure you know your legal rights. In many cases, injury victims will be entitled to compensation for their financial and non-financial losses. But if you have a claim, you won’t receive any compensation unless you take legal action. Understanding your legal rights is the first step toward making informed decisions about what to do next. What Are Your Legal Rights After an Injury? So, what are your legal rights after an injury? Here’s what you need to know: 1. You Have the Right to Uncover the Truth If you were injured in an accident, you have the right to uncover the truth about why the accident happened. This means that you have the right to investigate, and you have the right to obtain additional evidence through the “discovery” process in civil litigation. Conducting an investigation and obtaining evidence through discovery both require legal representation—you should not try to handle these steps on your own. Once you hire an injury lawyer to represent you, your lawyer will be able to get to work gathering the evidence needed to seek just compensation on your behalf. 2. You Have the Right to Find Out What Company is Legally Responsible Along with uncovering why the accident happened, you also have the right to find out what company is legally responsible for your injury. Product manufacturers, property owners, trucking companies, cruise lines, airlines, drug companies, healthcare providers and other businesses can all be held liable for accident victims’ injuries in appropriate cases. 3. You Have the Right to Take All Necessary Legal Action Once you have the information you need, you have the right to take all necessary legal action. You can file a lawsuit against each company that is legally responsible for your losses, and you can fight to hold these companies accountable in court. With that said, as a practical matter, seeking financial compensation for an accident-related injury often involves dealing with the at-fault party’s insurance company. In fact, most successful injury claims settle without going to court. So, while you can take legal action if necessary, you may also be able to focus your efforts on securing an insurance settlement that avoids the need to go to trial. 4. You Have the Right to Seek Full Compensation for Your Losses Whether you have an insurance claim or you need to go to court, you have the right to seek full compensation for your losses. This includes all of the financial and non-financial costs of your injury. Once you hire a lawyer to represent you, your lawyer will be able to calculate “just” compensation for the medical bills, lost earnings, pain and suffering, and other losses you are entitled to recover. 5. You Have the Right to Hire an Injury Lawyer to Represent You When you need to seek financial compensation for losses related to a serious injury, you have the right to hire an injury lawyer to handle your case on your behalf. You should be able to hire a lawyer on a contingency-fee basis, which means that you should not have to pay anything out-of-pocket for your legal representation. With contingency-fee representation, your legal fees and costs will be deducted from the compensation your lawyer helps you recover (if your case is successful). Otherwise, you owe nothing. Depending on how you got injured, you may... --- - Categories: Car Accidents While most car accidents involve collisions between moving vehicles, we also occasionally see cases in which one of the cars was parked. When a driver or passenger is sitting in a parked vehicle at the time of a collision, this can lead to serious injuries. In these cases, hiring an experienced Florida accident lawyer is the first step in the recovery process. Although these cases might seem unique, from a legal perspective, they are fundamentally the same as all other types of car accidents. Injured drivers and passengers are entitled to just compensation, and seeking just compensation typically involves filing an insurance claim. While you might think that filing an insurance claim will be straightforward if your car was parked, the insurance companies will still try to avoid paying what they owe—and this makes it important to have an experienced Florida accident lawyer on your side. Filing an Insurance Claim If You Were Injured in a Parked Car in Florida If you were injured in a parked car in Florida, one of the first things you need to do is figure out whose insurance company is liable for your injuries. This is complicated by Florida’s “no fault” insurance law. While you have the right to file an insurance claim, you must file a claim with your insurance company unless you can show that you suffered a “significant” or “permanent” injury. This is true even if there is no question that the driver who hit your parked car was at fault in the crash. As a result, along with hiring a Florida accident lawyer to represent you, there are two other key steps you will need to take as soon as possible: Seek Treatment for Your Injuries – Seeking treatment promptly will assist with proving that your injuries are a result of the accident. Your lawyer will also need to review your medical records to determine if your injuries meet the “significant” or “permanent” threshold under Florida law. Collect and Preserve Evidence of Liability – If your injuries are “significant” or “permanent,” you will need evidence that the driver who hit your parked car was at fault in the collision. This is a step that should be undertaken by your Florida accident lawyer to ensure that you have all of the evidence you need and that the evidence remains admissible in court (if necessary). Taking these two steps should give your lawyer the information he or she needs to determine what claim (or claims) you are eligible to file. When it comes to seeking financial compensation for your injuries, there are three main possibilities: Personal Injury Protection (PIP) – If you have auto insurance, you have personal injury protection (PIP). You can file a PIP claim after a car accident regardless of the severity of your injuries and regardless of who was at fault in the collision. Bodily Injury Liability (BIL) – If you suffered “significant” or “permanent” injuries and you can prove that the driver who hit you was at fault, you can file a claim under the driver’s bodily injury liability (BIL) policy. However, unlike PIP, BIL coverage is not mandatory in Florida—so the driver may or may not be covered. Uninsured/Underinsured Motorist (UIM) – Another type of optional insurance coverage in Florida is uninsured/underinsured motorist (UIM) coverage. If you have UIM coverage and you can’t fully recover your losses from the at-fault driver’s insurance company, then filing a UIM claim could be your best option. It is worth noting that while these are the main options for seeking injury compensation after a collision involving a parked car in... --- - Categories: Mass Torts Unfortunately, the risk of a cancer diagnosis is a very real concern with many common (and not-so-common) medications. While drug companies have a legal duty to ensure that their medications are safe, these companies don’t always follow the law. Far too often, they prioritize their profits over patients’ safety, and they either rush drugs to market without understanding their risks or aggressively market their drugs despite knowing of the risks involved. With this in mind, as a patient, it is important to be your own advocate. It is important to be aware of the health risks you are facing, and it is important to seek help when necessary. While doctors can provide treatment and mass tort lawyers can provide legal representation, these professionals can only help you if you take action. Protecting Your Health and Legal Rights When You Have Concerns About Medication-Related Cancer With this in mind, here are five important steps to take if you have reason to believe that you may have contracted cancer from a medication: 1. Schedule an Appointment with Your Doctor Right Away The first step you should take in this situation is to schedule an appointment with your doctor right away. Most health insurance plans cover cancer screenings (though you may still have to cover your deductible or copay if you have coverage). If you have a claim against a drug company, your health insurer may be entitled to subrogation, but you can use your insurance coverage for now. If you don’t have health insurance or can’t afford to pay for a doctor’s visit, you may qualify for a free or low-cost cancer screening under various programs. You should explore these programs as necessary—as obtaining a prompt diagnosis can be critical for mitigating the risks associated with various types of cancer. 2. Prepare for Your Doctor’s Appointment Once you schedule a doctor’s appointment or cancer screening, you should do your best to prepare. For example, if possible, you should: Make a complete list of your symptoms Make sure you have your medication (or a photo of the label) Write down when you started taking the medication and when you started to notice symptoms Write down any questions you want to be sure to ask Try to find out if your medication is subject to any FDA recalls or warnings Taking these steps to prepare for your doctor’s appointment or cancer screening will help you be your own advocate. By letting your doctor know that you have concerns about cancer (and why you have these concerns), you can help ensure that you receive an accurate diagnosis. 3. Get Tested and Attend Your Follow-Up Appointments As Necessary During your appointment, your doctor may recommend that you get tested at a radiology center or lab, and your doctor may schedule follow-up appointments to monitor your symptoms or begin treatment. You should follow your doctor’s recommendations—or seek a second opinion if you believe this is necessary. If you have cancer as a result of taking a dangerous or defective drug, your initial doctor’s visit will be just the first step toward managing your symptoms and working toward remission. 4. Start Documenting Your Financial and Non-Financial Costs If you have cancer as a result of taking a dangerous or defective drug, it will be important to start documenting the financial and non-financial costs of your diagnosis. This is because you may be entitled to financial compensation for these costs from the drug company that is responsible for your condition. Laws in Florida and other states hold drug companies liable when their medications cause patients harm. In many cases,... --- - Categories: Personal Injury Getting injured in an accident can impact all aspects of your daily life. It can lead to costs you weren’t expecting, and it can prevent you from working the hours you need to pay your bills on time. It can also leave you in pain, and your pain can prevent you from spending meaningful time with your friends and loved ones. As Florida personal injury lawyers, we understand these consequences all too well. Due to the significant and long-term consequences you may be facing, it is important to make sure you have a clear understanding of your legal rights. It is also important to make sure you do what is necessary to protect your legal rights—as you can lose them if you aren’t careful. 7 Important Legal Rights When You Have a Personal Injury Claim in Florida All accident victims have clear legal rights under Florida law. Here are seven of the most important rights that you have after suffering serious injuries in an accident in Florida: 1. The Right to Find Out What Happened (and Why) If you have a personal injury claim, finding out what happened will be one of the first steps toward seeking the financial compensation you deserve. Regardless of where you got injured, you have the right to find out what happened and why. Finding out what happened starts with conducting a thorough investigation. If you were injured in a vehicle collision, this will involve sending an investigator to the scene of the crash. If you were injured in a slip and fall, this will involve sending an investigator to the location where you fell. This investigator will gather and preserve as much evidence as possible—and then your Florida personal injury lawyers will be able to examine this evidence in order to begin piecing together the events leading up to your injury. In many cases, figuring out what happened and why will involve gathering evidence from other sources as well. For example, phone records, maintenance records, and employment records play an important role in many types of personal injury cases. If your accident was caught on video, obtaining the footage of the accident could be a key step in the investigative process as well. Just like conducting an on-scene investigation, these additional investigative steps require experienced legal representation. 2. The Right to Find Out Who (or What Company) is Legally Responsible As an accident victim in Florida, you also have the right to find out who (or what company) is legally responsible for your injuries. This is critical—you need to make sure you name the right party in your personal injury claim in order to seek the financial compensation you deserve. Figuring out what happened and why should allow your Florida personal injury lawyers to determine who (or what company) you need to sue. It is also worth keeping in mind that multiple parties could share legal responsibility for your injuries. If this is the case, you may need to file multiple claims in order to recover full compensation. In any case, identifying the responsible party (or parties) is a critical step; and, once you determine which party (or parties) you need to sue, then you can focus on determining how much you are entitled to recover. 3. The Right to File an Insurance Claim (or Multiple Insurance Claims) In the majority of cases, filing a personal injury claim involves dealing with the insurance companies. From auto insurance and homeowner’s insurance to commercial general liability (CGL) insurance, many types of insurance policies can cover accident victims’ injuries. If you were injured in an accident that... --- - Categories: Mass Torts The medications we take are supposed to protect our health and help us recover from serious illnesses and injuries. Unfortunately, this doesn’t always happen. Some medications cause more harm than good. Dangerous and defective medications can present a variety of serious health risks—including cancer risks in some cases. With this in mind, before you start taking a medication, it is important to try to make sure you have as much information as possible. Likewise, if you are currently taking a medication, you should try to make sure you are up-to-date on the latest safety alerts and warnings (if any). When taking any type of medication, it is important to monitor for potential side effects and symptoms as well—as the drug companies don’t always know (or disclose) the risks their drugs present. Where to Find Information About the Cancer Risks Associated with Your Medications There are a few places you can look to find information about the cancer risks (if any) associated with a medication that you are either taking or thinking about taking in the future. These places are: Your Doctor’s Office – Your doctor’s office should be able to tell you about any cancer risks (or other risks) associated with any medications that you have been prescribed. If your doctor has recommended a medication that you are not currently taking, your doctor should be able to advise you of any known risks associated with this medication as well. The Medication’s Prescribing Information – Prescribing information for medications that have been approved by the U. S. Food and Drug Administration (FDA) is available through the FDA’s website. If you visit the FDA’s Online Label Repository, you can search for the brand name of the drug you are taking (or thinking about taking) to find out if any cancer warnings have been issued. FDA Warnings and Recalls – Along with prescribing information, information about drug warnings and recalls is available through the FDA’s website as well. If you visit the FDA’s Recalls, Market Withdrawals, & Safety Alerts, you can either search for your medication or browse the list of recent administrative actions. While these aren’t the only places you can find information about the cancer risks associated with a particular medication, they should be among the most up-to-date and the most reliable. You can check the drug company’s website as well; and, if you have concerns because of something you saw on the news or read on social media, you should be able to use the sources listed above to obtain verification. This brings up another important point: Unless you are relying on a trustworthy source, you should be careful about relying on any drug-related information you find online. Unfortunately, there is a lot of misinformation out there, and various sources may publish inaccurate or misleading information for a variety of different reasons. At the same time, if you can’t find information about a cancer risk associated with a drug you are taking (or thinking about taking), this doesn’t necessarily mean that the risk doesn’t exist. As we said above, drug companies don’t always know all of the risks their medications present—and, sometimes, they withhold information that they are legally required to disclose. If you have concerns about your health for any reason, you should talk to your doctor as soon as possible. Possible Early Signs of Medication-Related Cancers Medications can present a variety of cancer risks. While all forms of cancer have unique symptomology and can impact patients’ lives in different ways, the early signs of many forms of cancer are largely the same. For example, the American Cancer Society... --- - Categories: Car Accidents Flip flops may be the most popular type of footwear in Florida, and it’s easy to understand why. But while they’re comfortable in the heat, they aren’t the best shoes for every type of situation. They aren’t ideal for driving. Their loose fit can cause problems, and for that reason, they are not recommended for wearing while driving. In fact, if you were involved in a car accident and you were driving in flip flops, your choice of footwear could impact your ability to recover compensation for your injuries. That makes it particularly important to work with a Tallahassee car accident lawyer who is skilled in crafting persuasive arguments that turn the facts to your advantage instead of allowing them to work against you. Every car accident is unique, but here are some ways your shoes could potentially impact your car accident case. The Problem with Flip Flops Flip flops are easy to slip onto your feet. Unfortunately, they also slip off your feet easily too, and that’s not a helpful attribute while driving. It can take much longer for drivers to move their feet from the gas pedal to the brake while wearing flip flops, and that increases the time it takes to slow down the car or truck that you’re driving. Flip flops can also get tangled in the accelerator or brake pedal, leading to inappropriate actions or delayed reactions while driving. Additionally, the soles of flip flops can also cause problems. When they are too thin, they force the driver to apply extra pressure to brake or accelerate, delaying reaction times. But soles that are too thick also make driving difficult because they prevent the driver from getting a feel for the pedals. The soles of flip flops also tend to lack traction, and that can cause the driver’s foot to slide off the pedal. If you get in the car wearing flip flops, is it better to kick them aside and drive barefoot? It might be an improvement, but bare feet are not ideal for driving either. While a bare foot can grip the pedals well, a barefoot driver needs to apply more pressure to brake or accelerate, and that can slow down reaction time. Flip Flops Could Be Treated as a Factor Responsible for Causing the Accident How dangerous can flip flops be for a driver in Florida? If a tangled shoe causes you to speed up instead of slowing down when the vehicle ahead of you hits the brakes, your shoe could potentially be treated as the cause of the accident. In most cases, there are a number of factors that come together to cause an accident, so if you’re working with an experienced Tallahassee car accident lawyer, your attorney will seek out all the factors that contributed to the cause and argue that your actions either did not trigger the accident or that they were only a minor part of the cause. After an accident, it is necessary to carefully consider a variety of evidence to determine the factors that led to the collision. If you delayed braking because your foot slipped or your shoe got tangled, that may be only one of many factors that triggered the accident. Evidence may suggest that there were other contributing factors, such as a driver who was texting and not paying attention to the road. Evidence that can be used to show causation can include: Footage from traffic cameras Photos of skid marks Witness testimony Images showing the location and types of damage on the vehicles involved It is important to gather and preserve evidence as... --- - Categories: Mass Torts Exposure to toxins through contaminated drugs, medical implants manufactured with dangerous materials, and other risks can have serious and long-term health consequences. However, in many cases, these consequences may not become apparent for years—or even decades. In these cases, medical monitoring can be extremely important. For individuals who have been exposed to toxins, medical monitoring affords an opportunity to identify any related health concerns as soon as possible. Unfortunately, this monitoring can be expensive, and most health insurance plans don’t cover the costs involved. Why It’s Important to Monitor for Health Risks Related to Toxic Exposure There are two main reasons why it is important to monitor for health risks related to toxic exposure. First, as we mentioned already, the consequences of toxic exposure might not be apparent immediately. With some types of toxins, symptoms won’t appear right away, and patients may go months or years without noticing any ill effects. Second, the health consequences of toxic exposure can be serious—and even life-threatening in some cases. Some examples of potential complications from exposure to toxins in dangerous drugs and medical implants include: Bone infections Gastrointestinal problems Cancers Organ damage Respiratory problems Seizures Sepsis Toxic neuropathy (nerve damage) As a result, prompt diagnosis and treatment can be critical for avoiding long term (and, in some cases, fatal) complications. By monitoring for known risks associated with the specific toxins to which patients have been exposed, patients can significantly increase their chances of getting the treatment they need before it’s too late. Covering the Costs of Medical Monitoring Through a Defective Drug or Medical Device Lawsuit Due to the costs involved, many patients who have been exposed to toxins through dangerous drugs and medical devices cannot afford the medical monitoring they need—at least not on their own. Fortunately, these patients will have grounds to take legal action in many cases. When pharmaceutical companies and medical device manufacturers sell dangerous and defective products, they can (and should) be held fully accountable. This includes being held accountable for the costs of medical monitoring. In mass tort cases, patients can come together and leverage their collective legal rights to pursue coverage for the costs of medical monitoring—even in cases where the costs involved might not be worth it if they were to take legal action individually. While specific requirements vary between jurisdictions (and not all jurisdictions allow claims for medical monitoring), generally speaking, filing a successful medical monitoring lawsuit requires proof of the following: Exposure to a toxic substance due to the defendant’s acts or omissions; Increased risk of developing a serious health condition as a result of the toxic exposure; The need for medical monitoring as a result of the increased risk; and, Availability of a viable medical monitoring test or procedure which can help facilitate a timely diagnosis. If you have a claim for medical monitoring related to toxic exposure, you will want to rely on your lawyer to prove your legal rights. Taking on a pharmaceutical company or medical device manufacturer is not easy, and these companies will not pay voluntarily. Additionally, mass tort cases involve special processes and procedures, so it will be important to make sure you choose a lawyer who has specific experience in these types of cases. What You Should Do if You Believe You Need Medical Monitoring With all of this in mind, what should you do if you believe you need medical monitoring due to toxic exposure from a dangerous medication or medical device? In this scenario, you should: 1. Collect Your Records Collect any and all records you have related to your prescription or your medical... --- - Categories: Defective Drugs Pharmaceutical companies play a critical role in the healthcare system. They research, develop, and supply the drugs that patients need to manage and recover from all types of medical conditions—from antiviral medications that treat conditions like the flu to chemotherapy drugs used to treat various types of cancer. But while the pharmaceutical companies can do a lot of good, they can also cause a lot of harm. Far too often, pharmaceutical companies sell drugs that are not safe for their intended use. Sometimes they do so unknowingly, and sometimes they don’t. Regardless, when pharmaceutical companies sell dangerous drugs, they can—and should—be held fully accountable. Holding Pharmaceutical Companies Accountable for Selling Dangerous and Defective Drugs Holding pharmaceutical companies accountable for selling dangerous drugs involves taking them to court. Patients and families can—and routinely do—file lawsuits against pharmaceutical companies related to complications caused by both over-the-counter and prescription medications. In many cases, these lawsuits lead to multidistrict litigation (MDL) against the pharmaceutical companies. There are currently several ongoing MDL cases targeting pharmaceutical companies, including MDL proceedings involving: Depo Provera Elmiron Fosamax Oxbryta Ozempic, Rybelsus, Wegovy, and other GLP-1 drugs Suboxone Taxotere Tepezza Valsartan Zantac In MDL cases, patients’ and families’ lawsuits involving a dangerous or defective drug are consolidated into a single proceeding against the pharmaceutical company. This means that all of the patients and families involved in the MDL get to participate in the same discovery and pre-trial processes. This streamlines the process for the patients and families involved, and generally speaking, the more lawsuits that get filed, the more pressure the pharmaceutical company will face to settle. However, not all dangerous and defective drugs are subject to ongoing MDL proceedings. To start the process, someone needs to come forward. If you or a loved one has been diagnosed with complications linked to any over-the-counter or prescription drug, it will be worth talking to a lawyer to find out if you can hold the pharmaceutical company accountable. The Process of Filing a Lawsuit Against a Pharmaceutical Company If you have grounds to file a lawsuit against a pharmaceutical company, you will need to hire an experienced lawyer to represent you. While you aren’t legally required to hire a lawyer to file a defective drug lawsuit, practically speaking, taking on the pharmaceutical companies (and their defense lawyers) requires experienced legal representation. When you hire a lawyer to represent you, your lawyer will take steps, including: Investigating Your Claim The process of filing a lawsuit against a pharmaceutical company starts with conducting a thorough investigation. Your lawyer will need to know what evidence is available to prove both: That you (or your loved one) took a dangerous or defective drug; and, That the dangerous or defective drug caused you (or your loved one) harm. This investigation can take time—and it is important to be patient. While you may be anxious to start the process, your lawyer needs to make sure you have a claim to pursue. The pharmaceutical company is going to fight your claim by all means available, so it is important to make sure that your claim is as strong as possible. Calculating Your Losses Along with investigating your claim, your lawyer will also begin the process of calculating your losses. This can also take time, and it is also extremely important. When filing a defective drug lawsuit, it is up to you to seek the full damages you deserve, and this means that you need to have a comprehensive understanding of the financial and non-financial losses you are entitled to recover. This includes not only the losses you have incurred... --- - Categories: Wrongful Death It is never easy to lose a family member, but the loss is much more painful when the death of a loved one could have been prevented if someone had only acted responsibly. When another person’s failure to act responsibly causes injuries or death, that person or the company they work for can be held legally liable and required to pay compensation. A victim hurt in an accident, such as a car accident, or due to a cause such as medical malpractice, can file a personal injury lawsuit to seek compensation for their suffering and other losses. When an irresponsible action by others causes an untimely death, family members can file a wrongful death claim to recover damages for their losses. But what happens when an accident victim files a personal injury claim, but they pass away before the case is finished? Can a personal injury claim be converted to a wrongful death case? Or does the family have to start over from the beginning? Every case is different, so it is impossible to provide a complete answer without considering the particular facts of the case. Below are some of the issues involved in this type of situation. Differences Between Personal Injury and Wrongful Death Claims An experienced Tallahassee personal injury lawyer understands how to file wrongful death claims as well as personal injury claims. But there are some key differences between wrongful death claims and personal injury cases, and it is essential to understand those differences. An attorney files a personal injury claim on behalf of someone who was injured by the negligence or deliberate wrongdoing of others. Through this claim, the attorney works to recover compensation for the harm suffered by the injury victim. This includes compensation for both economic losses, such as medical bills and lost wages, and non-economic losses, including pain, suffering, emotional distress, and loss of enjoyment of life. When a personal injury lawyer in Tallahassee files a wrongful death claim, by contrast, the case is filed on behalf of the personal representative of the deceased person’s estate for the benefit of family members of the person who was hurt by the negligence or wrongdoing of others. The focus is on the family's losses. Their economic losses would include the loss of income that the deceased person would have provided and the costs of replacing services that they would have provided, such as mowing the lawn or caring for the house. Their noneconomic losses might include loss of guidance, support, care, and consortium that can no longer be provided by the deceased person. There are also other differences between these two types of claims, such as the date from which the statute of limitations is calculated. For a personal injury case, the lawsuit must be prepared and filed within two years of the date of the injury. For a wrongful death case, the lawsuit filing deadline is calculated from the date of death, not from the time of the injury. Wrongful Death Claims Have Important Similarities to Personal Injury Claims While the focus of recovery differs in wrongful death and personal injury cases, there are other features that are similar, and these features are critical. In both types of cases, it is necessary to prove that the negligence or other wrongful conduct of another person caused the injuries. The evidence and arguments used to establish liability for the injuries or death can be the same in both cases. The legal elements necessary to recover compensation are virtually identical. Most personal injury claims and wrongful death cases are not founded on accusations that someone deliberately tried... --- - Categories: Defective Medical Devices Defective medical devices present serious risks for patients. Just how big—and how severe—is the problem? Consider this from the U. S. Food and Drug Administration (FDA): “Each year, the FDA receives over two million medical device reports of suspected device-associated deaths, serious injuries, and malfunctions. ” While the FDA goes on to emphasize that not all of these medical device reports (MDRs) necessarily reflect defect-related issues, it is nonetheless clear that medical device defects are far more common than they should be. This means that defective medical devices have a major impact on patient safety. Given the substantial risks involved, why don’t medical device manufacturers do more to avoid selling defective devices? In many cases, the answer is simply that it is most profitable to get a new medical device on the market as quickly as possible. How Can Patients and Their Families Protect Themselves? With this in mind, how can patients and their families protect themselves? What can patients, parents, spouses and other loved ones do to minimize the risk of device-related complications? Equally important, what can patients, parents, spouses and other loved ones do when they only learn about a medical device defect when it’s already too late? Unfortunately, in many cases, it simply isn’t possible for patients and their loved ones to gather the information they need to make informed decisions. The information they need simply isn’t available. If a medical device manufacturer hasn’t identified (or hasn’t disclosed) risks associated with its device—and if no adverse events have been reported—there may be no way to know that undergoing an implant procedure could lead to serious or fatal complications. This is why product liability laws exist. These laws allow patients and families to hold defective medical device manufacturers accountable—and these laws apply regardless of whether a manufacturer could (and arguably should) have done more to protect patient safety. In cases involving serious or fatal complications from defective medical devices, product liability laws allow patients and their families to: Find Out What the Manufacturer Knew (and When It Knew It) – When a patient or family member files a lawsuit against a medical device manufacturer, this provides access to the legal process known as “discovery. ” During the discovery process, plaintiffs can review the manufacturer’s internal records (and obtain testimony from the manufacturer’s personnel) in order to learn about the device’s history, its pre-market and post-market testing, and any risks of which the manufacturer was aware. Examine the Device’s Design and Manufacturing Records for Evidence of Defects – Medical device defects can result from either: (i) flaws in their design; or, (ii) flaws in the manufacturing process. Through the discovery process, plaintiffs can gain access to the records they need to identify potential design and manufacturing defects. If a manufacturer’s internal records show that a medical device is defective, these records can be powerful evidence in support of a claim for liability. Hire Experts to Explain Why the Device is Defective and Why the Defect is Dangerous – Typically, analyzing a medical device manufacturer’s design and manufacturing records will involve engaging an expert who is familiar with the relevant technology. In product liability cases targeting medical device manufacturers, patients and families can hire experts to provide the insights they need (and law firms generally cover the cost of paying these experts during the litigation process). Pursue Claims Based on Failure to Warn – Along with design and manufacturing defects, patients and families can also file product liability claims for “failure to warn. ” In these cases, liability is based on the manufacturer’s failure to disclose risks—whether known or unknown—related... --- - Categories: Car Accidents If You've Been Injured in a Crash, Let Our Florida Traffic Accident Lawyers Help Recovering after a traffic accident is a much more complicated process than most people understand. From determining whether your losses will exceed your PIP coverage to determining who was at fault in the collision, there are multiple issues that need to be addressed – and overlooking any aspect of any of these issues could mean that you end up settling for less than you deserve. As Florida auto accident lawyers, we routinely hear from people who have learned this the hard way. So, if you have been injured in a traffic accident in Florida, what do you need to know? What do you need to do? What costly mistakes must you avoid? Common Causes of Traffic Accidents in Florida Many different factors can cause and contribute to traffic accidents. In a typical scenario, a crash will involve two vehicles, and one of the drivers will be to blame. However, crash scenarios can also become far more complicated, and it is not unusual for multiple driver-related and non-driver-related factors to combine to cause a serious accident. For example, the following are all common factors in serious and fatal vehicle collisions in Florida: Aggressive or Reckless Driving – As you might expect, aggressive driving and reckless driving are among the leading causes of traffic accidents in Florida. Speeding, tailgating, weaving through traffic, and ignoring traffic signs and signals can all be extremely dangerous. Distraction, Fatigue and Intoxication – Distracted, drowsy and drunk driving are all alarmingly common factors in traffic accidents, and they all involve similar risks. Drivers who aren’t paying attention and who aren’t capable of responding when faced with an emergency situation are putting themselves and others in harm’s way. Road Rage – According to an ABC I-Team Investigation, Florida has the highest rate of road rage incidents in the country. There is no excuse for reckless driving and drivers who lose control and intentionally injure or kill other motorists deserve to be held legally and financially accountable. Road Design, Construction and Maintenance Issues – Issues with the road that can cause and contribute to accidents include faulty design (i. e. offramps with bends that are too sharp), faulty construction (i. e. use of substandard construction materials), and maintenance issues (i. e. failure to repair cracked pavement or potholes). Vehicle Maintenance Issues and Defects – Vehicle maintenance issues and vehicle defects are common factors in traffic accidents as well. Defective components (i. e. airbags or tires) and faulty maintenance work (i. e. negligent brake repairs) can create liability for vehicle manufacturers, dealerships, repair shops and other companies. Our Florida Auto Accident Lawyers Offers Tips for Maximizing Your Recovery Tip #1: Determine What Insurance Coverage is Available Are you limited to filing a PIP claim? Are you entitled to fault-based compensation under another driver’s bodily injury liability (BIL) policy? Do you have (and need to use) uninsured/underinsured motorist (UIM) coverage? These are all critical questions you need to answer. Tip #2: Know How Much You are Entitled to Recover When dealing with the insurance companies, it is absolutely essential that you know how much you are entitled to recover. You cannot expect the insurance companies to voluntarily pay the full amount to which you are legally entitled under Florida law. Tip #3: Avoid Mistakes that Could Jeopardize Your Recovery Do not ignore your doctor’s advice. Do not return to work before you are ready. Do not give a recorded statement to any insurance company. These are just a few examples of all-too-common mistakes that prevent many traffic... --- - Categories: Firm News, Press Releases Searcy Denney Scarola Barnhart & Shipley is proud to announce that 15 of the firm’s attorneys have been named to Lawdragon’s 2025 500 Leading Plaintiff Consumer Lawyers Guide, a prestigious national honor that recognizes the most accomplished attorneys representing consumers in personal injury, wrongful death, and other civil claims. The attorneys recognized include: Theodore Babbitt Rosalyn Sia Baker-Barnes F. Gregory Barnhart T. Hardee Bass Laurie Briggs Brian Denney Brenda Fulmer Mariano Garcia James Gustafson Cameron Kennedy Jack Scarola Matthew Schwencke Chris Searcy Karen Terry C. Calvin Warriner This distinguished list is compiled through Lawdragon’s rigorous selection process, which draws upon decades of legal journalism, peer input, and careful review of recent case outcomes. The honorees are recognized for their impact on the law, significant verdicts and settlements, and overall dedication to meeting their clients’ goals. For more than 45 years, Searcy Denney has stood at the forefront of plaintiff litigation, fighting for individuals and families harmed by negligence, defective products, and corporate misconduct. This recognition by Lawdragon underscores the firm’s continued leadership in consumer law and its unwavering commitment to justice. About Searcy Denney Scarola Barnhart & Shipley Searcy Denney is a nationally recognized trial law firm dedicated to holding wrongdoers accountable and protecting the rights of the injured. With offices in West Palm Beach, Tallahassee, and Tampa the firm handles cases involving personal injury, wrongful death, product liability, medical malpractice, and more. --- - Categories: Firm News, Press Releases Searcy Denney Scarola Barnhart & Shipley is proud to announce that trial attorney Victoria Mesa-Estrada has been re-elected to serve a two-year term on the Board of Directors for the Palm Beach County Bar Association. Voting took place in April, and her new term follows her initial election to the Board in 2023. As a member of the Board of Directors, Ms. Mesa-Estrada plays a vital role in shaping the direction and policy of one of Florida’s most active local bar associations. The Board is responsible for formulating and adopting policies that influence the programming, advocacy, and engagement efforts of the Association — all in support of the broader mission of The Florida Bar to promote professionalism, uphold the rule of law, and serve the legal needs of the public. Ms. Mesa-Estrada is deeply committed to the legal community both inside and outside the courtroom. In addition to her role with the Bar Association, she currently serves as President of the Palm Beach County Chapter of the Florida Association for Women Lawyers (FAWL). This statewide organization is dedicated to promoting gender equality and empowering women to take on leadership roles within the legal profession, judiciary, and civic life. “It’s an honor to continue serving on the Board of Directors for the Palm Beach County Bar Association. I’m passionate about advancing meaningful policies that support our legal community and ensure we remain a strong, inclusive voice for justice,” said Ms. Mesa-Estrada. A passionate and principled trial attorney based in West Palm Beach, Ms. Mesa-Estrada advocates for individuals and families facing life-altering legal challenges. Her leadership reflects her broader dedication to justice, equity, and professional excellence. About Searcy Denney Scarola Barnhart & Shipley Searcy Denney is a nationally recognized trial law firm dedicated to holding wrongdoers accountable and protecting the rights of the injured. With offices in West Palm Beach, Tallahassee, and Tampa the firm handles cases involving personal injury, wrongful death, product liability, medical malpractice, and more. --- - Categories: Car Accidents As a parent, nothing matters more than keeping your children safe. But, this is often easier said than done. This is especially true when it comes to driving on Florida’s roads. No matter how safely you drive, there are numerous risks that are beyond your control; and, every day, parents across Florida find themselves struggling to cope with the physical, emotional and financial tolls of their children being seriously injured in car accidents. With this in mind, what can (and should) you do to protect your children as much as possible? Find out in this Essential Guide to Child Car Safety from the injury lawyers at Searcy Denney. Q&A with the Injury Lawyers at Searcy Denney We’ll begin by answering some of the most common questions about child car safety. Whether you are a new parent, your child is growing, or you have questions or concerns about letting your child ride with someone else, here’s what you need to know: What Are Some of the Most Common Causes of Child Injuries During Car Accidents? Broadly speaking, the leading causes of car accident injuries are the same for children and adults. Most car accidents result from driver negligence; and, even in low-speed collisions, the forces involved can be more than enough to cause various types of injuries. Thus, some of the most common causes of child injuries during car accidents include driving mistakes such as: Driving under the influence of alcohol or drugs Driving while texting, talking on the phone, or scrolling social media Speeding, weaving through traffic, running red lights, and other forms of aggressive driving Turning or merging without checking for oncoming traffic Backing out of driveways and parking spaces without looking Along with driver-related causes of child injuries, vehicle-related issues can be to blame for children’s accident-related injuries in some cases as well. Brake failures, self-driving technology failures, tire blowouts, and other similar types of issues can leave parents (and other drivers) helpless to avoid a dangerous collision. Where is the Safest Place for Children to Ride in a Car? The back seat is generally the safest place for children to ride. The National Highway Traffic Safety Administration (NHTSA) recommends that children ride in the back seat until at least age 12. While there are a few reasons why, the primary reason has to do with the risk of airbag deployment. Frontal airbags in modern cars are designed to protect adult passengers who are sitting a safe distance away from the dashboard. For children, the force of frontal airbag deployment can be dangerous (it can be dangerous for adults in some cases as well), particularly if they are sitting with the seat slid forward so that their seatbelt fits properly. When is it Safe for Children to Ride in the Front Seat? With this in mind, when is it safe for children to ride in the front seat? While the NHTSA says that children can sit in the front seat starting at age 12, whether it is safe for a child to sit in the front seat ultimately depends on the child’s height, weight and stage of development. When in doubt, it is always best to have your children ride in the back seat—buckled in and sitting in an appropriate child safety seat or booster seat, if necessary. If your car doesn’t have a back seat and your only option is to have your child ride in the front seat next to you, then you may need to disable your vehicle’s passenger seat airbags. You should check your vehicle manufacturer’s (and your child’s safety seat or booster seat... --- - Categories: Mass Torts, Product Defect Nationwide Representation for Catastrophic Injuries at Sky Zone, Defy, and Similar Parks Trampoline parks may appear to be family-friendly fun zones—but they are increasingly the site of serious and even life-threatening injuries. At Searcy Denney, our nationally recognized personal injury attorneys represent individuals and families who have suffered catastrophic harm at trampoline parks across the United States. With a track record of results in complex injury litigation, we have the resources and legal insight necessary to hold trampoline park operators accountable for unsafe conditions, reckless design choices, and corporate negligence. If your child was injured at a trampoline park, you are not alone—and you may have legal options, regardless of whether a waiver was signed. The Dangerous Reality Behind Trampoline Parks Trampoline parks have exploded in popularity since the early 2000s, with more than 800 facilities now operating across the U. S. Companies like Sky Zone, Defy, Rockin’ Jump, and others aggressively market to families while downplaying the serious safety concerns associated with their attractions. According to emergency room data and peer-reviewed studies from pediatricians and orthopedic surgeons, these facilities pose significant risks of injury, particularly to young children. Despite mounting evidence, the trampoline park industry has resisted safety reform—often prioritizing revenue over public welfare. Common Injuries at Trampoline Parks: Fractured bones (femur, tibia, ankle, wrist) Traumatic brain injury and concussion Cervical spine and spinal cord injuries Torn ACL, MCL, and other ligaments Internal injuries and organ trauma Death or permanent paralysis following failed aerial stunts What Makes Trampoline Parks So Hazardous? Trampoline parks differ from home or gymnastic trampolines in both design and use. These facilities combine multiple jumping surfaces, hard frames, and limited oversight into a single chaotic environment. The result: unpredictable force dynamics, crowded jumping zones, and an absence of basic safety protocols. Key Design Flaws and Operational Risks: Unsafe for Young Children Most medical associations—including the American Academy of Pediatrics—recommend that children under six should never use a trampoline. Yet many parks admit children as young as 18 months. We’ve handled cases where toddlers suffered severe leg fractures just from standing on commercial trampoline beds. Multi-Surface “Trampoline Courts” Trampoline parks interconnect dozens of small trampolines in grid-like formations. These setups: Increase the risk of “double bouncing” and mid-air collisions Create unequal tension across the jumping surface Lack sufficient padding on springs and frames Overpowered Equipment Commercial trampolines use industrial-grade springs and stiffer mats. The rebound force can be far greater than that of residential trampolines, often exceeding what young or inexperienced users can control—leading to violent landings or joint failures. Attractions That Multiply Risk To attract repeat customers, many parks install: Dodgeball courts on trampoline beds Rotating arms and “wipeout” attractions (banned in some states) Elevated dunk zones, climbing walls, and ninja obstacles These features are rarely staffed by trained professionals and often lack the skill assessments common in organized sports settings. Inadequate Supervision and Instruction Employees at trampoline parks are often teenagers with no formal safety training. Jumpers receive no coaching, are not screened for ability level, and are allowed to perform flips, spins, and wall jumps with zero guidance. Reduced Visibility Events “Glow Nights” and other themed events intentionally reduce lighting to create a party atmosphere. Dim conditions make it harder for jumpers to see landing surfaces or nearby people—further increasing injury risk. Sky Zone, Defy & Corporate Ownership Sky Zone is one of the largest trampoline park operators in the world and was acquired by Circustrix Holdings, LLC, a private equity-backed entity that also owns Rockin’ Jump and Defy. These companies operate under a common ownership structure, prioritizing growth and profits while resisting... --- - Categories: Defective Medical Devices Defective medical devices can present serious—and sometimes life-threatening—risks for patients. As a patient, you never expect a medical implant to cause you harm. You expect the manufacturer to conduct thorough testing before bringing the implant to market, and you expect the manufacturer to clearly disclose any known risks so that you can make an informed decision about how best to address your medical needs. Unfortunately, this doesn’t always happen. Medical device defects are alarmingly common. Far too often, medical device manufacturers prioritize their profits over patients’ safety. If you or a loved one has been harmed by a defective medical device, you have the right to hold the manufacturer fully accountable, and you should talk to a lawyer about taking legal action promptly. Filing a Lawsuit for a Defective Medical Device In this scenario, taking legal action involves filing a defective medical device lawsuit. When it comes to holding medical device manufacturers accountable, patients and their families generally have two main options: File a Defective Medical Device Lawsuit Against the Manufacturer – One option is to file a defective medical device lawsuit against the manufacturer in state or federal court. Even if you are the first person to take legal action related to the medical device in question, you can seek to hold the manufacturer fully accountable for your financial and non-financial losses. Join an Existing Multidistrict Litigation (MDL) Proceeding Against the Manufacturer – If you are not the first person to take legal action related to the medical device in question, you may be eligible to join an existing multidistrict litigation (MDL) proceeding against the manufacturer. While this also involves filing a lawsuit, joining an existing MDL proceeding can both streamline the process and help maximize your chances of obtaining a pre-trial settlement. What about joining a class action lawsuit? While medical device manufacturers will face class action lawsuits in some cases, these lawsuits generally do not provide an opportunity for patients and their families to fully recover their losses. While overall settlements and verdicts in class action cases can be quite large, individual participants’ compensation awards are typically fairly small. Since the financial and non-financial costs associated with medical device defects and failures can be substantial, it will be in your best interests to speak with a lawyer about filing a lawsuit of your own. Of course, there are no guarantees, and what makes sense for you and your family ultimately depends on your specific circumstances. When you speak with a lawyer about your legal rights, your lawyer will be able to help you make an informed decision about how best to proceed. 5 Important Facts About Filing a Defective Medical Device Lawsuit Deciding whether to file a lawsuit in this scenario is a big decision that could impact your life for years (or even decades) to come. As a result, you need to ensure that you make your decision wisely. Here are five important facts to keep in mind as you weigh your options: 1. A Medical Device Recall is Not Necessary to File a Lawsuit While many medical device defects lead to recalls, a recall is not necessary to file a lawsuit. Manufacturers don’t always recall their defective devices, and it could be the case that the issue with your (or your loved one’s) medical device isn’t yet widely known. With this in mind, while you can certainly check to see if your (or your loved one’s) medical device has been recalled, if it hasn’t, this should not deter you from talking to a lawyer about your legal rights. 2. Medical Device Defects Can Take a... --- - Categories: Personal Injury If you’ve been injured in an accident, you may be entitled to financial compensation under Florida law. Accident victims can seek financial compensation in many circumstances—provided that they take the necessary steps to protect their legal rights. Keep reading to learn what you need to do to protect your legal rights from an experienced Florida injury attorney at Searcy Denney. 5 Steps to Protect Your Legal Rights if You Were Injured in an Accident There are several steps involved in protecting your legal rights after an accident in Florida. Many of these steps require experienced legal representation—and, as we discuss below, you will want to speak with an experienced Florida injury attorney about your situation as soon as possible. With this in mind, here are five steps that all accident victims can (and generally should) take to help maximize their chances of recovering just compensation: 1. Keep Any and All Documentation of the Accident First, you should keep any and all documentation you have from your accident. This documentation could take many different forms, including (but not limited to): Photos or videos you took with your phone Photos or videos that a friend or family member took after the accident Photos or videos that a witness sent to you from their phone A copy of the police report or incident report Debris, blood-stained clothing, or damaged personal items Along with keeping any documentation you may have, you should also take detailed notes. Write down all of the details you can remember, even if they don’t seem particularly relevant to your claim for just compensation. Your Florida injury attorney will want to have as many details as possible—and the information you provide could lead to evidence that is available from other sources. 2. Document the Costs of Your Injuries as Thoroughly as Possible Second, you should start the process of documenting the costs of your injuries. These include not only your financial costs, but your non-financial costs as well. The financial costs that you may be entitled to recover include: Emergency medical care Additional diagnostic and treatment services (including surgery) Physical, occupational, and psychological therapy Prescriptions, medical supplies, and other out-of-pocket costs Loss of income and benefits If you have a personal injury claim, you may also be entitled to just compensation for non-financial costs such as: Permanent scarring or disfigurement Pain and suffering Emotional trauma and post-traumatic stress Loss of companionship and consortium Loss of enjoyment of life However, you can only seek just compensation for these costs if you can prove them. This makes documenting your costs essential. To learn about some of the steps you can take to document the financial and non-financial costs of your accident, you can read: The Importance of Documenting Your Injuries for a Lawsuit. 3. Follow Your Doctor’s Medical Advice Third, you should follow your doctor’s medical advice. When you’ve been seriously injured in an accident, protecting your health and protecting your legal rights go hand-in-hand. If you follow your doctor’s advice, this will help with proving the costs you are entitled to recover. Conversely, if you don’t follow your doctor’s advice, this could make it significantly more challenging to fully recover the costs of your injuries. Generally speaking, following your doctor’s advice means attending your appointments, undergoing all necessary treatment, resting, and beginning therapy and rehabilitation when the time is right. One of the most common (and most costly) mistakes we see people make is resuming normal activities or returning to work too soon. If you make your injuries worse by ignoring your doctor’s recommendations, this could prevent you from fully recovering... --- - Categories: Car Accidents If you’ve been injured in a car accident in Florida, can you file an insurance claim? While you can always seek coverage under your own collision and personal injury protection (PIP) policies, car accident victims can file claims under the other driver’s liability policy in some cases as well. If you have uninsured motorist (UM) coverage, you can also file a UM claim if the other driver is responsible for the accident and doesn’t have liability coverage. Learn more from an experienced Florida car accident attorney at Searcy Denney. Do You Have a Liability Claim for Your Car Accident? Filing a liability claim requires proof that the other driver is responsible for your car accident. Here are 15 examples of reasons why the other driver might be liable for your injuries (or why you might be able to file a UM claim if the at-fault driver doesn’t have coverage): 1. Aggressive Driving Aggressive driving is among the most common causes of preventable car accidents. If the driver who hit you was driving aggressively—whether weaving through traffic or attempting to pass on the side of the road—this could provide you with clear grounds to seek financial compensation for your accident-related losses. 2. Burnt-Out Taillights or Brake Lights If you were involved in a collision because you couldn’t see the car in front of you or because you didn’t realize that the car in front of you was braking, this could provide clear grounds to seek financial compensation as well. In this scenario, filing a liability claim may involve showing that the other driver’s taillights or brake lights weren’t functioning at the time of the collision. 3. Distracted Driving Along with aggressive driving, distracted driving is another leading cause of preventable car accidents in Florida. Texting, scrolling social media, talking on the phone, setting GPS directions, eating, drinking, and personal grooming are all common distractions that can lead to accidents that could—and should—have been avoided. 4. Driving Under the Influence of Alcohol Driving under the influence of alcohol is an all-too-common issue in Florida. Drunk drivers cause hundreds of fatal accidents—and far more non-fatal accidents—in our state every year. Drunk driving is negligent driving, and drunk drivers deserve to be held fully accountable for the consequences of their poor decisions. 5. Driving Under the Influence of Drugs Driving under the influence of drugs can be just as dangerous as driving under the influence of alcohol. From being high on marijuana to experiencing the side effects of prescription medications, anyone who was under the influence of any drug at the time of a collision can potentially be held liable for victims’ financial and non-financial losses. 6. Failure to Brake Failure to brake is a common cause of car accidents that can happen for a variety of reasons. Regardless of whether a driver is distracted, impaired, or misjudges the need to slow down, if the driver could—and should—have done something differently to avoid a crash, the driver can be held liable for the crash under Florida law. 7. Failure to Look All drivers have an obligation to look in all directions before turning or merging. If another driver merged into you or turned dangerously, leaving you with no place to go, this is another scenario in which you could have a clear liability claim for just compensation. 8. Failure to Yield Along with failure to look, failure to yield can also justify a liability insurance claim after a car accident in Florida. While failure to look and failure to yield often go hand-in-hand, it can be enough to prove that the driver who caused... --- - Categories: Defective Medical Devices Defective medical devices can present serious—and even life-threatening—risks for patients. Yet, sadly, many patients don’t realize that their medical devices are defective until it is too late. Sometimes, manufacturers and healthcare providers aren’t aware that defects exist. Other times, however, manufacturers ignore known risks, and healthcare providers recommend medical devices that they shouldn’t. So, as a patient, how can you protect yourself? For patients who need medical device implants (or who have medical device implants already), there are some steps you can take to reduce your risk of facing serious complications. Here are some tips from the defective medical device lawyers at Searcy Denney: Ask Your Doctor About the Risks Involved One of the first steps you can take to protect yourself is to ask your doctor about the risks involved. You can do this whether you are considering a medical device implant or you have questions about an implant that you have already received. Even if your doctor isn’t currently aware of any significant risks related to the device, asking the question may prompt your doctor to do some research. As part of their duty to their patients, doctors must only recommend medical devices that they believe are reasonably safe for their intended use. Since doctors can’t investigate every new device on their own, they rely on manufacturers’ representations about their products—and they often rely on warnings and notices from the U. S. Food and Drug Administration (FDA) as well. But, there may also be case studies, peer-reviewed articles in scientific journals, and other sources of information available that doctors can (and should) use to ensure that they are providing informed treatment recommendations to their patients. Do Your Own Research While you can ask your doctor for his or her opinion, you can also do your own research. If you uncover information about a potential health risk related to a medical device that you are considering or that you already have in your body, you should not hesitate to discuss this information with your doctor. Although patients need to be careful about solely relying on medical information they find online, it will be well worth doing their own research in some cases. Where can you find information about a possible defective medical device? The FDA’s website is a good place to start. The FDA’s Recalls, Market Withdrawals, & Safety Alerts is a searchable database of medical devices that have been identified as concerning (or potentially concerning) for various reasons. You can also look for news articles, and you can check the manufacturer’s website for information about potential risks or recalls. Again, however, you should be cautious about relying on these sources of information exclusively, and, ultimately, talking to your doctor is one of the best things you can do to help ensure that you are making an informed decision. Monitor for Updates Once you have received a medical device implant, it will be worth monitoring for updates from time to time. The FDA’s website is a good resource for this as well. You should also pay attention to any communications you receive from your doctor. If anecdotal reports or new studies reveal concerns about a medical device you have received, you will want to find out what this means for your health as soon as possible. Monitor for Signs of Possible Complications Along with monitoring for updates about your medical device, you should also monitor for signs of possible complications. While this can be easier said than done, and while warning signs can vary widely, you will want to pay particular attention to signs of potential issues such as:... --- - Categories: Car Accidents, Personal Injury If you’ve been injured in an accident in Florida, should you hire a personal injury lawyer? This is a critical question, and you need to ensure that you make the right choice. Accidents can prove incredibly expensive, and if you are dealing with serious injuries, you could be facing a variety of long-term non-financial costs as well. With this in mind, in most cases, it will be well worth talking to a Florida personal injury lawyer about your legal rights. 7 Ways a Personal Injury Lawyer Can Help You After an Accident in Florida Why should you talk to a Florida personal injury lawyer about your legal rights after an accident? Here are just some of the ways an experienced lawyer can help you in this scenario: 1. Determining if You Have a Personal Injury Claim Many types of accidents can justify filing a personal injury claim under Florida law. With that said, not all accidents will justify claims for just compensation. When you hire a Florida personal injury lawyer, your lawyer will be able to examine the facts of your case and determine if you have grounds to take legal action. This costs you nothing out-of-pocket. Your initial consultation is completely free, and it is your opportunity (and your lawyer’s opportunity) to find out if you have a case to pursue. If you do, then you can continue forward with the next steps in the process. If you don’t, then at least you can feel confident that you made an informed decision. 2. Determining How Much You May Be Able to Recover If you have grounds to pursue a personal injury claim, you will also want to know how much you may be able to recover. Even if you technically have grounds to file a claim, if your losses from the accident are minimal, going through the process might not be worth it (and, in the case of a car accident, filing a personal injury protection (PIP) claim might be enough). On the other hand, if you are facing significant or long-term losses, this is something that you need to know. As we said above, serious accidents can prove incredibly expensive, and they can have various non-financial consequences as well. If you have grounds to take legal action, these are all costs for which you can (and should) seek just compensation. 3. Gathering the Evidence Needed to Prove Your Legal Rights Filing a personal injury claim requires evidence of what happened and who (or what company) is to blame. This requires a prompt and thorough investigation—and this makes it critical to hire a Florida personal injury lawyer promptly if you have a claim. Once you hire a personal injury lawyer to represent you, your lawyer will be able to get to work immediately gathering and preserving the evidence needed to prove your legal rights. While you might have some evidence in your possession (i. e. , photos or videos from the accident scene), proving a personal injury claim can require various other forms of evidence as well. Your lawyer will be able to determine what evidence is available, and your lawyer will be able to assess whether this evidence is sufficient to establish a claim under Florida law. 4. Assisting You with Proving the Costs of Your Injuries Along with proving the cause of your injuries, filing a successful personal injury claim also involves proving the consequences. In other words, you also need evidence of how much you are entitled to recover. When it comes to the financial costs of your injuries, this means that you will need to... --- - Categories: Defective Medical Devices Numerous medical devices sold in the United States are subject to active recalls. If you have a medical device that is subject to an active recall, it will be important to make sure you know what this means for your health and your legal rights. The health consequences of medical device defects can vary widely, and, in all cases, patients who experience complications can (and should) seek just compensation for their losses. Tragically, some medical device defects can prove fatal—and, in these cases, patients’ family members can take legal action as well. How to Find Out if a Medical Device Has Been Recalled So, how can you find out if your (or a loved one’s) medical device has been recalled? The U. S. Food and Drug Administration (FDA) maintains a searchable database of recalled products on its website. That database is available here: Recalls, Market Withdrawals, & Safety Alerts. When you visit the FDA’s database, you have the option of searching specifically for medical devices, and you can choose whether to search for active or terminated recalls. The FDA also separately maintains a list of medical device recalls, and, according to the FDA, this list is more comprehensive than its searchable database. However, it is also more difficult to navigate. As a result, we recommend checking both sources to find out if your (or a loved one’s) medical device is subject to an active or terminated recall. Some examples of recent additions to these resources include: Abbott Laboratories HeartMate Mobile Power Unit Abiomed Impella RP Heart Pump Biosense Webster Varipulse Ablation Catheter Boston Scientific Corporation Accolade Pacemaker Hologic BioZorb 3D Bioabsorbable Markers Medline Industries Integrated Arterial Catheters Medtronic Aortic Root Cannula Medtronic MiniMed 600 Series and 700 Series Insulin Pumps Smiths Medical Portex Intubation Oral/Nasal Endotracheal Tubes Smiths Medical ProPort Plastic Implantable Port Again, these are just examples—these are not all of the medical devices that are currently subject to (or that have recently been subject to) recalls in the United States. Along with checking the FDA’s website, patients and family members who have concerns can also check the manufacturer’s website for press releases, product updates, and other sources of recall-related information. In some cases, major medical device recalls will make headlines as well. Consulting with your (or your loved one’s) doctor is also an option—and medical providers should have up-to-date information on the recall status of the medical devices they supply to their patients. Understanding What It Means if a Medical Device Has Been Recalled If you (or a loved one) has received a medical device that is subject to a recall, it will be important to find out exactly what this means for your (or your loved one’s) health. This is because medical device recalls can mean different things in different circumstances. For example, broadly speaking, the FDA divides medical device recalls into three categories, or “Classes”: Class I Medical Device Recall – A Class I medical device recall involves “a situation in which there is a reasonable probability that the use of, or exposure to, will cause serious adverse health consequences or death. ” Class II Medical Device Recall – A Class II medical device recall involves “a situation in which use of, or exposure to, may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote. ” Class III Medical Device Recall – A Class III medical device recall involves “a situation in which use of, or exposure to, is not likely to cause adverse health consequences. ” A Class I medical device recall is significantly more... --- - Categories: Newsletters sds oc 1-25-0425v6-FINAL-WEB --- - Categories: Product Defect Searcy Denney recently became aware of safety concerns with the seats used in Bass Pro’s bass boats. According to the Coast Guard’s safety alert, the casting seats break at the connection between the seatback and base, which can result in head, neck, and back injuries. Injuries Resulting from Defective Bass Tracker Seatbacks Our Florida produce defect lawyers are looking to work with boat owners who have experienced injuries because of the defective bass tracker seatback. These injuries may include: Fall Injuries - If the seat back gives way without warning, a user can fall backward suddenly, which can result in head, neck, or spinal injuries, especially if the driver strikes a hard surface like a deck, tackle box, or boat edge. Concussion or Traumatic Brain Injury (TBI) - Falling backward from a seated position on a boat, especially on a raised casting seat, increases the risk of striking the back of the head—potentially causing a concussion or more severe brain trauma. Neck and Back Trauma - Whiplash, fractured vertebrae, herniated discs, and chronic pain can result from the jarring impact of a seatback failure. In extreme cases a user could be thrown from the boat and into the water, leading to a drowning hazard, especially if not wearing a life jacket or if unconscious. Further, if the driver affected is operating the trolling motor, a fall could disrupt navigation and lead to collisions or further accidents. Injured By a Defective Bass Tracker Seatback? Get a Free Consultation with a Florida Personal Injury Lawyer Today The failure of a casting seat’s structural integrity isn't just a comfort issue—it's a significant safety hazard that could lead to long-term disability or fatal outcomes. If you or a loved one was injured because of the defective seatback, you may have legal rights to compensation. Email National Mass Tort Lawyer Cal Warriner today @ calvinw@searcylaw. com , or call him directly, 866-475-3708, for a free consultation to learn more. --- - Categories: Car Accidents It’s hard to believe, but summer is already just around the corner. Summer is a time when residents and visitors alike flock to Florida’s beach towns and amusement parks, soaking up the sun and all that our state has to offer. Unfortunately, this means that accidents are a very real concern during the summer months as well, and many residents and visitors will find themselves in need of an experienced Florida accident lawyer who can help them seek just compensation. If you find yourself dealing with the consequences of an accident in Florida this summer, it will be important for you to know how to protect yourself and your family. Accident-related injuries can quickly become very expensive, and while compensation may be available to you, it will be up to you to assert your legal rights effectively. With this in mind, keep reading to learn about some of the most common summertime accidents that can justify claims for financial compensation, as well as what it takes to seek the financial compensation you deserve. All-Too-Common Accidents During Summer in Florida When can you seek financial compensation after an accident in Florida? Here are seven all-too-common summertime accidents that will frequently entitle victims and their families to just compensation: 1. Distracted Driving Accidents While distracted driving is an issue year-round, it is a particular concern during the summer months. This is a time when many people are trying to find their way to unfamiliar destinations, connect with friends and loved ones about their plans, and take in their new surroundings. As the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains, distractions can take many other forms as well: “While you may not think you are a distracted driver because you do not engage in more well-known distractions such as texting, you may be engaging in other distractions that put you, your passengers and others on the roadway at risk. This might include, but is not limited to, listening to loud music, eating, engaging with passengers or adjusting your vehicle’s entertainment or navigation system. ” All of these distractions can take drivers’ eyes and minds off the task at hand, and many of them can take drivers’ hands off the wheel. This is why the FLHSMV refers to distracted driving as a “triple threat. ” It is also why there are far too many distracted driving accidents in Florida each summer. 2. Drunk Driving Accidents Along with distracted driving, drunk driving is a major concern during the summer months in Florida as well. According to the Florida Impaired Driving Coalition, May and June are particularly dangerous months for drunk driving accidents in the Sunshine State. Here, too, there are several factors at play. Not only are there more people on Florida’s roads during the summer months, but more people are likely to be out drinking as well. While Friday and Saturday nights remain among the most dangerous times to drive, with people visiting Florida’s beaches and amusement parks on summer vacation, drunk driving accidents can—and do—happen at any time. 3. Electric Scooter and E-Bike Accidents Electric scooters and e-bikes have become popular modes of transportation in many areas. Renting one to get across town is relatively inexpensive, and riding an electric scooter or e-bike is much quicker than walking to your destination. But riding an electric scooter or e-bike can also be dangerous. Many first-time riders are unfamiliar with how they work, and, as a result, they can suddenly find themselves out of control. Riding in traffic can be dangerous as well, as drivers often don’t see riders (or try to... --- - Categories: Personal Injury No matter how badly you were hurt in an accident, you can’t recover compensation without the proper evidence. Even if you suffered catastrophic injuries like damage to your spinal cord that left you paralyzed or burns on your face that left you permanently disfigured, if you don’t have the evidence necessary to prove that someone is liable for those injuries, then it may be impossible to receive a single dime to cover the cost of your medical bills or offset a lifetime of pain and suffering. While it may not seem fair, any Tallahassee accident lawyer will tell you that you need to be able to prove negligence or some other wrongdoing in order to recover damages for your losses in an accident. The good news is that when you work with the right accident attorney, your legal team will help in the process of collecting and preserving vital evidence to build your case for maximum compensation. But the more evidence you have, the better, so it is a good idea for anyone who has been in an accident to start taking steps to gather evidence as soon as possible, starting at the accident scene. Thinking About Causation To know what evidence would be most helpful in your case, you need to consider the type of accident and the factors that could have caused it. For example, A car accident could have been caused by a driver running a red light A tractor-trailer accident could have been caused by someone loading the trailer improperly, causing it to tip A motorcycle accident could have been caused by an aggressive driver who changed lanes without giving the biker space A slip and fall accident could have been caused by loose flooring in a store that an employee did not secure properly Sometimes you may have a good idea of what caused the accident, but other times you may have no clue. An experienced Tallahassee accident lawyer may have some theories after working so closely on causation issues in so many cases. For instance, if it was a rear-end collision, the attorney may theorize that the vehicle behind was tailgating or that the driver was distracted by a cell phone or other device because these factors are frequently part of the cause leading to rear-end collisions. Footage from traffic cameras along the route might provide evidence of tailgating, so the attorney could subpoena to obtain footage and preserve it. Or records from the cell phone provider might prove that the device was in use at the time of the accident, so the attorney could work to get those records. Thinking about potential causes can lead to ideas about the types of evidence that could help your claim. Use Your Phone to Collect Evidence Your cellphone can be an incredibly helpful tool for gathering and preserving evidence after an accident. If you can take photos of the accident scene right after the accident, those images can help accident reconstruction experts assess what happened in the moments before and during the collision. Even if you didn’t take photos at the time, returning to the scene as quickly as possible can allow you to capture images of evidence left by the accident, such as skid marks and broken glass. You can also get pictures of signs and objects that might have obstructed visibility or caused the ground to be slick or otherwise dangerous. It is also helpful to take pictures of witnesses to the accident, as well as your injuries. In addition to taking photos, you can use your phone to take video recordings of the... --- - Categories: Car Accidents Speeding is a persistent issue on Florida’s roads. If you have been hit by a speeding driver, you are not alone. It is also important to know that you have clear legal rights, and an experienced Florida car accident attorney can help you assert your legal rights effectively. Keep reading to learn everything you need to know about speed-related accidents and seeking the financial compensation you deserve. The Statistics on Speeding and Its Consequences Excessive speed is among the leading causes of serious and fatal car accidents in Florida and nationwide. As discussed by the Florida Department of Transportation (DOT), while driving above the posted speed limit can be extremely dangerous, “peed also affects safety even when driving at the speed limit but too fast for road conditions, such as during bad weather, when a road is under repair, or in an area at night that isn’t well lit. ” In fact, according to data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), accidents involving drivers who were driving too fast for the conditions are more common than accidents involving drivers who were exceeding the posted speed limit. Here are some notable statistics from the FLHSMV and other sources: According to the FLHSMV’s latest data, there were 14,824 accidents involving drivers who were driving too fast for the conditions in 2023, compared to 2,941 accidents involving drivers who were exceeding the posted speed limit. However, while just 71 accidents involving drivers who were driving too fast for the conditions were fatal, nearly twice this number—141 accidents—involving drivers who were exceeding the posted speed limit were fatal. Overall, FDOT reports that speed is a factor in approximately one-third of all motor vehicle fatalities on Florida’s roads. This is consistent with the national average according to the Insurance Institute for Highway Safety (IIHS). Across the United States, an average of 33 people die every single day in car accidents caused by speeding drivers. Non-fatal injuries are far more common. Sadly, all of these accidents are avoidable. While dealing with traffic congestion, running late, and a lack of appreciation for the risks of speeding are all common excuses for going too fast, none of these are justifications for putting other drivers' and passengers’ safety at risk. The Dangers of Speeding on Florida’s Roads There are several factors that make speeding dangerous. It isn’t necessarily speeding alone that puts drivers and passengers’ safety at risk, but rather the consequences of driving faster than is safe under the circumstances. As FDOT explains, the consequences of speeding include: Greater potential for losing control Increased stopping distance Increased crash severity Increased injury severity Reduced effectiveness of vehicle safety equipment (i. e. , seatbelts and airbags) These are the reasons why speeding is illegal. These are also the reasons why speeding drivers deserve to be held accountable when they cause serious and fatal car accidents. For victims and their families, the consequences of speeding can be devastating, and recovering just compensation for these consequences is often a critical step in the recovery process. Speeding is “Negligence Per Se” Under Florida Law Seeking just compensation after a car accident in Florida usually involves proving that the at-fault driver was negligent. Negligence can take many different forms, and proving negligence can require various forms of evidence, not only from the accident scene, but from other sources as well. But, under Florida law, speeding is classified as “negligence per se. ” Essentially, since speeding is against the law—and since it is against the law because it is so dangerous—proving that a driver was speeding at the time of... --- - Categories: Premises Liability Most people are familiar with the idea that if you slip and fall on a slick floor in the grocery store, you may be able to sue the store owner because they failed to warn you or take other steps to protect you from falling. This type of lawsuit is regularly referred to as a “slip and fall. ” It is part of the legal theory of premises liability, and it is such a common type of case that many people assume all premises liability cases involve someone slipping or tripping and falling because of a hazardous condition. But premises liability actually extends to many other types of situations that lead to injuries as well. A Tallahassee personal injury lawyer knows that property owners have a duty to protect you from more than just slippery floors. Our team holds property owners accountable for injuries caused by fires, building failures, toxic exposure, swimming pool accidents, and many other factors. Property owners are sometimes even held liable for harm caused by criminal attacks that occur on their property. So it is helpful to look more closely at the concept of premises liability and see when and where it may apply. Understanding Premises Liability in Florida At the most basic level, premises liability is the concept that the owner of property can be held liable for harm that occurs to others who are on those premises. The concept has many limitations. Trespassers Do Not Have Much Protection For instance, a property owner is not going to be held liable for harm that comes to trespassers in most cases. The owner owes very little duty to keep them safe from hazardous conditions, although there is a duty to protect young children who could be attracted onto the property and who are not old enough to recognize the danger or understand the idea that they don’t have the right to be on the property. If the property contains an item or feature that children would be drawn to, such as a swimming pool, trampoline, tractor, or refrigerator, then the property owner is required to take steps to keep children away from harm. For a refrigerator or other airtight appliance, removing the door might be sufficient. Swimming pools require fences of a certain type and height with locked gates. If it is reasonably foreseeable that adults will be trespassing on a piece of property and there is a condition on the property that would cause an unreasonable risk of harm, then the owner has a duty to do something to warn trespassers of the risk. But for the most part, property owners only have a duty to protect people who are on their property lawfully. Harm Must Be Foreseeable to the Property Owner Another limitation to the concept of liability for property owners is that the harm must be foreseeable. The property owner must be reasonably able to anticipate that visitors would be on that part of the property and that they could be hurt by a hazardous condition. That means the owner must have either known about the condition or had constructive knowledge of the condition. Constructive knowledge refers to the idea that the owner has an obligation to inspect and be aware of the condition of the premises. If the handrail on a staircase of an apartment building is loose, for instance, that poses a danger that the handrail could pull out and someone using it could fall down the stairs. If the owner of the building lives in Boca Raton and the building is in Tallahassee, the owner might have no idea that... --- - Categories: Press Releases Whistleblower represented by Rabin Kammerer Johnson and Searcy Denney Scarola Barnhart & Shipley WEST PALM BEACH, FL — In a landmark victory for justice and public health, Rabin Kammerer Johnson (RKJ) and Searcy Denney Scarola Barnhart & Shipley—are announcing a $300 million settlement in a landmark whistleblower qui tam action against Walgreen Co. , Walgreens Boots Alliance, Inc. , and its subsidiaries (collectively, Walgreens). The case alleged widespread Medicare fraud and violations of the Controlled Substances Act arising from Walgreens' unlawful dispensing of dangerous opioids that helped fuel the nation’s opioid epidemic. The announcement follows a multiyear investigation by the U. S. Department of Justice (DOJ), culminating in a complaint in intervention filed in January 2025. Adam Rabin of RKJ and Rosalyn Sia Baker-Barnes of Searcy Denney Scarola Barnhart & Shipley, represented a longtime Walgreens pharmacist based in Palm Beach County—one of four whistleblowers whose lawsuits sparked the government’s investigation and intervention in the case. “This monumental settlement with one of the largest retail pharmacy chains in the United States sends a message that those who put profits over patients’ health and lives will be held accountable,” said Adam Rabin, a founding shareholder at RKJ. “Irresponsible and illegal opioid dispensing practices have devastated many American families and burdened already limited federal healthcare program resources. This settlement is a testament that corporate America will be held responsible when it contributes to one of the largest public health crises our nation has ever faced. ” Walgreens will pay $150 million under the False Claims Act and another $150 million under the Controlled Substances Act. The company also agreed to enter into a seven-year Memorandum of Agreement with the DEA and a five-year Corporate Integrity Agreement with HHS-OIG to ensure stricter oversight and prevent future violations. According to DOJ’s complaint, Walgreens repeatedly ignored “red flags” and filled opioid prescriptions without legitimate medical purpose—often at dangerously high doses—resulting in patient deaths and further strain on federal healthcare programs like Medicare and Medicaid. “This settlement is a powerful example of how courage, grit and collaboration can create real change,” said Sia Baker-Barnes, a partner at Searcy Denney Scarola Barnhart & Shipley. “We are proud to represent a client who stood up against corporate pressure to protect patients and prevent further harm. It is a privilege to support whistleblowers whose integrity helps safeguard communities nationwide and hold companies accountable for placing profits over safety. ” The federal government will receive $274. 1 million from the settlement, with $25. 9 million designated as a relator share for the whistleblowers. An additional $50 million will be due if Walgreens is sold or merged before fiscal year 2032. RKJ attorneys Adam Rabin and Havan Clark, along with Searcy Denney Scarola Barnhart & Shipley’s Sia Baker-Barnes, extend their gratitude to DOJ’s legal team—including Assistant U. S. Attorney Valerie R. Raedy, DOJ Trial Attorney Joshua Barron, Deputy Chief Lacy R. Harwell, and Assistant U. S. Attorney Carolyn Tapie—for their commitment to justice in this matter. About Rabin Kammerer Johnson With over 30 years of experience handling complex business litigation matters, including 16 years specializing in whistleblower qui tam litigation, Rabin Kammerer Johnson’s shareholders and associates have achieved excellent results in significant cases for their clients. The firm’s shareholders are all rated in Best Lawyers in America, and the firm prides itself on having its attorneys serve as leaders within the bar and local community. About Adam Rabin A Florida Bar Board Certified Attorney in Business Litigation, Adam Rabin is a founding shareholder of Rabin Kammerer Johnson who has been representing whistleblowers in qui tam cases under the False Claims Act since... --- - Categories: Personal Injury If you were injured in an accident in Florida, you may have a personal injury claim. Florida law entitles accident victims to just compensation in a wide range of circumstances. But if you have a claim, it is up to you to take legal action, and you need to be prepared to work with a Florida personal injury lawyer to fight for the compensation you deserve. What You Need to Know After an Accident in Florida While accident victims have clear legal rights under Florida law, asserting their legal rights is not easy. There are several steps involved, and even seemingly minor mistakes can have major consequences. With that said, if you have a personal injury claim, asserting your legal rights can be extremely important. Not only can the financial costs of accident-related injuries add up quickly, but the financial and non-financial consequences of a serious accident can continue to impact your life for years (and perhaps decades) to come. So, should you hire a Florida personal injury lawyer? Here’s what you need to know: 1. Why Did the Accident Happen? To file a personal injury claim, you need proof that someone else (or a company or government agency) is responsible for your injuries. This means that one of the first steps for assessing your legal rights is determining why the accident happened. While there are several potential grounds for filing a personal injury claim, your legal rights depend on the specific circumstances involved in your accident. In most cases, filing a personal injury claim involves proving negligence. However, strict liability also applies in some circumstances. When you hire an experienced Florida personal injury lawyer to represent you, your lawyer will assess all potential grounds for seeking just compensation for your accident. Careless or reckless driving, inadequate property maintenance, inadequate security, negligent hiring and supervision, and product defects are just a handful of numerous possibilities. 2. How Long Has it Been Since the Accident? If you have a personal injury claim in Florida, you need to file your claim before the applicable statute of limitations expires. If you wait too long to take legal action, you will lose the right to seek the financial compensation you deserve. In most cases, Florida’s statute of limitations for personal injury claims is two years, with the clock starting to tick on the day of the accident. However, exceptions apply, and there are several reasons to take action promptly even if you still technically have plenty of time to file. 3. What Evidence is Available? One of the most important reasons to take action promptly is to ensure that your lawyer has the opportunity to preserve any available evidence before it disappears. From tire marks and vehicle debris to property hazards and surveillance camera footage, many types of evidence can disappear if they are not preserved in time. If your lawyer can’t collect the evidence he or she needs to prove why your accident happened, your lawyer won’t be able to fight for just compensation on your behalf. It is important to note that you may have evidence in your possession as well—and, if you do, you will need to keep it safe until you can share it with your Florida personal injury lawyer. Cell phone photos and videos, debris, packaging, receipts, and anything else that is related to your accident could potentially be valuable evidence for proving your legal rights. 4. Were You Partially at Fault in the Accident? Partial fault can play a major role in personal injury cases under Florida law. As a result, while you should never assume that you... --- - Categories: Motorcycle Accidents Motorcycle helmets can be a controversial subject in the biker world. While a helmet can prevent head injuries in crashes, some bikers believe that they restrict visibility to such a degree that they increase the risk of accidents. Others assert that wearing a helmet increases the likelihood of suffering neck injuries in an accident. Some riders find them intensely uncomfortable. But whether you favor wearing a helmet or not, if you ride a motorcycle in Florida, you need to know the state’s helmet laws and the impact these laws could have on you in the event of an accident. A Tallahassee motorcycle accident lawyer knows that crashes involving motorcycles frequently result in devastating injuries, and as our roads become more and more congested, the potential for deadly accidents increases daily. Helmets are Required–But There Is an Exception If you start reading Section 316. 211 of the Florida Code, it seems pretty clear that lawmakers want riders to wear helmets. No one is allowed to operate or ride on a motorcycle unless: They are wearing protective headgear That headgear is securely fastened on their head That headgear complies with motorcycle safety standards set by the U. S. Department of Transportation In addition, riders are required to wear an approved “eye-protective device. ” Helmet use is specifically noted as required for those under the age of 16, but in fact, this requirement applies to anyone under the age of 21, because the exception to the mandatory helmet rule only applies to those over the age of 21. If you’re 21 or older, you’re allowed to ride a motorcycle without a helmet so long as you have an insurance policy that will provide at least $10,000 in coverage for medical needs if you should be involved in a motorcycle accident, either as an operator or passenger. Eye Protection is Required in All Situations Even if a biker is excused from the helmet requirement because of age and insurance coverage, the eye protection requirement remains in effect. Anyone operating a motorcycle should be wearing goggles, a face shield, or another device tested for road use on a motorcycle. Presumably, this is because a helmet protects only the biker, and if they choose to forego the protection, they will not injure others. If a rider lacks eye protection, such as goggles or a face shield, they could get debris in their eyes, which could cause a crash and endanger others. Riders should note that ordinary sunglasses and prescription glasses will not be sufficient to meet the requirement. They also need to understand that the requirement applies even if the motorcycle has a windshield. Anyone who violates the helmet or eye protection requirements can be charged with a traffic infraction, which is punishable as a nonmoving violation. It is not a criminal offense. Liability for Motorcycle Accidents Florida has a “no-fault” scheme for car accidents, but that scheme does not apply to motorcycle accidents. If you own a car in Florida, you’re required to purchase personal injury protection (PIP) insurance that covers the first $10,000 of your injuries in an accident, regardless of who was at fault for causing it. But that PIP coverage applies only to passenger vehicles and does not cover medical costs for injuries in a motorcycle crash. That means that if you’re hurt in a motorcycle accident, it is a good idea to consult a Tallahassee motorcycle accident lawyer who can help you file an effective claim for compensation from the driver at fault for causing the accident. You need to collect evidence as soon as possible after the crash and work... --- - Categories: Slip and Fall If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall accidents can be incredibly expensive, so it is important to make an informed decision about asserting your legal rights. Slip and fall accident victims will be entitled to just compensation in many cases, and an experienced Florida personal injury lawyer can help you decide whether to take legal action. 7 Key Questions to Determine if You Have a Slip and Fall Claim in Florida With this in mind, if you have any questions about your legal rights, you should not hesitate to speak with a lawyer. When you hire an experienced Florida personal injury lawyer to represent you, here are some of the key questions your lawyer will need to answer in order to assess your legal rights: 1. Where Did You Slip and Fall? Generally speaking, to file a claim for a slip and fall, you must have been injured on someone else’s property. This could be public or private property, and the property could belong to an individual, business, or government agency. Some examples of locations where slips and falls can justify claims for financial compensation include: Retail stores, malls, and supermarkets Bars, nightclubs, and restaurants Hotels, motels, resorts, and rental properties Public spaces and government buildings Healthcare facilities and professional offices Sports and entertainment venues Amusement parks Marinas and docks Common areas in apartment and condo buildings Private residences These truly are just examples. If you fell anywhere other than your own home, and if you were seriously injured in the fall, it will most likely be worth talking to a Florida personal injury lawyer about filing a premises liability claim. 2. Why Did You Slip and Fall? The next key question is why you slipped and fell. To file a premises liability claim, you must be able to prove that the property owner was negligent in allowing your accident to occur. Negligence can take many different forms in slip and fall cases, including: Failing to clean up spills Failing to clean up other slip hazards Failing to warn of known slip and fall risks Failing to prevent access to dangerous areas Failing to make necessary repairs These, too, are just examples. The more you know about why you slipped and fell, the easier it will be for your lawyer to provide a preliminary assessment of your legal rights. If you have photos or videos showing what caused you to fall, you will want to be sure to share these with your lawyer as well. 3. What Were You Doing When You Slipped and Fell? It will also be important to know what you were doing when you slipped and fell. While you should not assume that you were partially at fault, this is a possibility that you need to consider—because it is a possibility that the property owner’s insurance company will almost certainly raise. Why? Under a change to Florida’s personal injury laws that took effect in 2023, if you were partially at fault in your slip and fall accident, this can potentially reduce or eliminate the amount you are entitled to recover. If you were 50% or less at fault, the damages you are entitled to receive will be reduced based on your percentage of fault. If you were 51% at fault or more, you are not entitled to any financial compensation. An experienced Florida personal injury lawyer can help make sure the property owner’s insurance company does not improperly blame you for your own injuries. 4. When Did You Slip and Fall? Your lawyer... --- - Categories: Car Accidents When people see a car flipped over in an accident, they often react with a shudder and assume it’s pretty serious. Similarly, if you consider what happens when two cars hit head-on, you might assume it would result in a serious accident and that the people involved could be hurt very badly. But when you think about the most common type of car accident, rear-end collisions, the reaction is much milder. We tend to assume that rear-end collisions are fender benders that cause property damage but only minor injuries. However, an experienced Tallahassee auto accident lawyer knows that the results of a rear-end collision are often far worse than they appear at first glance. Drivers and passengers involved can suffer life-threatening injuries that aren’t always immediately apparent. It is important to understand the harm these accidents can cause and to take them seriously. The Mechanics of a Rear-End Collision A rear-end collision involves two or more vehicles traveling in the same direction in the same lane of traffic, one immediately behind the other. When the vehicle in front slows down or the vehicle behind speeds up—or a combination of both occurs—the vehicle behind strikes the rear-end of the vehicle in front of it. Although rear-end collisions usually occur between two vehicles, a rear-end collision can result in a chain reaction in which several vehicles are pushed into each other, like cars collapsing into each other in a train wreck. Though this type of accident seems simple, there are complex forces unleashed that can result in serious injuries. When the front vehicle is struck from behind, it jerks forward quickly and then abruptly stops, subjecting the driver and passengers to distinct three movements as energy is transferred from the rear vehicle to their bodies. Their bodies are thrown forward, then immediately released backward, and then brought to a stop. If anyone in the vehicle is not wearing a seatbelt or if the belt fails, then that person can be thrown forward to collide with the dashboard or seat in front of them, or out through the windshield. When the driver and passengers are wearing seatbelts, their bodies follow the motion of their vehicle, but their necks, heads, and limbs that are not restrained move at a more extreme pace, extending far beyond their usual range of motion. So while seatbelts prevent many deadly injuries, an experienced Tallahassee auto accident lawyer has seen many situations where they actually can create different injuries. The Dangers Posed by Common Objects During a Rear-End Collision Many of us are on the go so frequently that we “live” out of cars. We routinely carry items that we need for work and other daily activities in our cars. This includes laptops, cell phones, purses, gym bags, and water bottles. We also often store items in our cars, such as flashlights, first-aid kits, rolls of coins, and toolkits. While useful, these items can cause severe and even deadly injuries in a rear-end collision. The force of the impact can send these items airborne at tremendous speed. A laptop computer sitting on the backseat has been known to cause fatal injuries when it flew forward and hit the driver in the back of the head during a rear-end collision. Even when we take conscientious steps to safely store items we keep in the car, there are frequent times, such as when returning home from the grocery store or on a long car trip, when the vehicle is carrying too many loose items to restrain them all. Many popular vehicles, such as SUVs and minivans, do not have a separate... --- - Categories: Announcement Today, SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, P. A. took a stand with over 500 law firms across the country, 350 former federal and state court judges, 360 law professors, a group of 11 legal advocacy organizations in advocating for the freedom of attorneys to take on clients and unpopular causes so that judges can analyze thorough records in cases. For over two centuries, the United States has been a beacon of democracy and justice, grounded in the unwavering principle that no individual is above the law. Those foundational principles face a direct assault as Executive Orders target law firms that have dared to resist constitutionally questionable and often clearly unlawful government practices. The harsh punitive measures imposed against the administration’s legal opponents have included the withdrawal of security clearances, prohibition against entry into federal government buildings, and a bar from all federal employment. SEARCY DENNEY recognizes actions such as these are a direct assault on our fundamental freedoms, and we are proud to have joined the American Civil Liberties Union and other legal advocacy organizations across the ideological spectrum in filing an amicus brief asking a federal judge to strike down President Donald Trump’s executive order targeting law firm Perkins Coie for its past work on voting rights lawsuits and its representation of the President’s prior political opponents. SEARCY DENNEY has pledged to continue fighting to safeguard our Constitution and the Rule of Law. We call on every individual attorney and all legal organizations to join us in supporting this position. --- - Categories: Mass Torts The costs of an intracranial meningioma diagnosis can be substantial. Not only can this diagnosis lead to a lifetime of medical bills and other costs, but it can drastically reduce patients’ quality of life as well. Tragically, it can also reduce their life expectancy. Now that intracranial meningioma diagnoses have been linked to the contraceptive medication Depo-Provera in some cases, many patients and families are taking legal action against Pfizer Inc. , seeking to hold the pharmaceutical giant fully accountable. Pfizer Inc. is currently facing dozens of Depo-Provera lawsuits in a nationwide multi-district litigation (MDL) proceeding—and we expect the number of lawsuits in the MDL to increase significantly as awareness grows. The goal of this MDL proceeding is to help patients and families obtain Depo-Provera settlements that allow them to begin the process of moving on. 5 Important Steps to Take After an Intracranial Meningioma Diagnosis If you have been diagnosed with intracranial meningioma after receiving Depo-Provera injections, you may be eligible to seek a Depo-Provera settlement. To protect your legal rights, there are some important steps you need to take—including some that you should try to take as soon as possible. For example: 1. Focus on Following Your Doctor’s Advice First and foremost, you should focus on following your doctor’s advice. Unless you think a second opinion is necessary, follow your doctor’s treatment recommendations and attend all of your appointments as scheduled. Don’t put off seeking treatment, and don’t leave your prescriptions unfilled. Not only is this important for your health, but it will be important for seeking a Depo-Provera settlement as well. 2. Try to Locate Your Records for Your Depo-Provera Injections To seek a settlement, you will need proof that you received Depo-Provera injections. If you, like most women, received your injections at your doctor’s office or another healthcare facility, you should try to locate your records of your contraceptive injections. If you administered Depo-Provera to yourself at home, you should try to locate your prescription records as well as your proof of purchase. If you aren’t able to locate these records, you should write down the name of the healthcare facility or pharmacy you visited, and your lawyer will be able to help. 3. Start Keeping Track of Your Medical Bills and Other Costs If you decide to file a Depo-Provera lawsuit, you will be seeking financial compensation for your medical bills and other out-of-pocket costs (in addition to your non-financial losses, as discussed below). With this in mind, you should start keeping track of the costs you incur as a result of your intracranial meningioma diagnosis. 4. Keep a Log of How Your Brain Cancer Impacts Your Daily Life In addition to your financial costs, if you have grounds to seek a Depo-Provera settlement, you are also entitled to just compensation for your non-financial losses. These are all of the ways that your brain cancer negatively impacts your daily life. From physical pain and psychological stress to the inability to enjoy spending time with friends and loved ones, these are all losses for which you may be entitled to significant financial compensation. 5. Talk to a Lawyer About Your Legal Rights To find out if you are eligible to seek a Depo-Provera settlement, you will need to talk to a lawyer about your legal rights. We recommend scheduling a free consultation as soon as possible. You have nothing to lose, and if you are entitled to a settlement, hiring a lawyer to take legal action on your behalf will be an important step toward holding Pfizer Inc. accountable. To be clear, these are not all... --- - Categories: Car Accidents When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding your legal rights is also extremely important—and this is one of many reasons why it is important to have an experienced Florida accident lawyer on your side. What You Need to Know About Florida Law After a Car Accident There are three issues in particular that can play a key role in your claim after a car accident in Florida. These are: (i) Florida’s “no fault” auto insurance law; (ii) Florida’s bad faith insurance practices law; and, (iii) Florida’s contributory fault law that applies in cases involving partial fault. Here is an introduction to what car accident victims and their families need to know: 1. Florida’s “No Fault” Auto Insurance Law In most states, if you get injured in a car accident that was someone else’s fault, you can file a claim under the at-fault driver’s auto insurance policy. But, in Florida that’s not necessarily the case. This is due to Florida’s “no fault” auto insurance law (Section 627. 737 of the Florida Statutes). Under this law, filing a claim under the at-fault driver’s insurance policy requires proof of a “significant” or “permanent” injury. If all of your injuries from a car accident are minor, then you are generally limited to filing a claim under your (or a family member’s) personal injury protection (PIP) policy. With that said, “significant” and “permanent” injuries can take many different forms—and it is important not to make any assumptions when it comes to your legal rights. If you’ve been injured in a car accident, a Florida accident lawyer at our firm can help you understand what type(s) of insurance claim(s) you are eligible to file. Car accident victims can file insurance claims outside of PIP in many cases—and, if you have a claim outside of PIP, this could significantly increase the amount of financial compensation you are eligible to recover. While the Florida Senate is considering a bill that would eliminate the state’s “no fault” insurance law, this bill is not final—and similar legislative efforts have failed in the past. The pending bill also includes an effective date of July 1, 2026. As a result, Florida’s “no fault” insurance law will continue to apply for at least the foreseeable future. 2. Florida’s Bad Faith Insurance Practices Law Another important law for car accident victims in Florida is the state’s bad faith insurance practices law. This law (Section 624. 155 of the Florida Statutes) entitles car accident victims and other claimants to additional compensation when an insurance company fails to, “attempt in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests. ” This law prohibits insurance companies from engaging in bad faith at all stages of the claims handling process—from conducting investigations to conducting settlement negotiations. However, there is a fine line between a vigorous defense and bad faith, and the insurance companies are well within their rights to dispute victims’ and families’ claims by all legal means available. For example, it generally is not bad faith for an insurance company to: Raise valid questions about the potential cause (or causes) of a car accident; Strictly enforce deadlines and other technical and procedural requirements; or, Require claimants to prove the damages they are entitled to recover. These are also important reasons... --- - Categories: Car Accidents If you’ve been injured in a car accident, accepting an insurance settlement will allow you to start moving on with your life. But, if you settle your claim too soon, this could prove to be a very costly mistake. There are several factors you need to consider before you accept a settlement—and it is best to work with an experienced Florida car accident attorney who can help you make an informed decision with your long-term best interests in mind. Factors that Will Directly Impact How Much You Are Entitled to Recover What factors do you need to consider before you accept a car accident insurance settlement? Here are seven factors that will directly impact how much you are entitled to recover: 1. Whether Your Injuries Qualify as “Significant” or “Permanent” Under Florida’s No-Fault Insurance Law While the Florida Senate is considering a bill that would eliminate the state’s no-fault insurance law, at present, the state’s no-fault insurance law still applies. This means that car accident victims are generally limited to seeking compensation under their own personal injury protection (PIP) policy unless they can prove that they suffered a “significant” or “permanent” injury. What qualifies as a “significant” or “permanent” injury? Under Section 627. 737(2) of the Florida Statutes, these injuries include: “Significant and permanent loss of an important bodily function. ” “Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. ” “Significant and permanent scarring or disfigurement. ” Before you settle your car accident insurance claim, you need to know whether any of your injuries fall into one of these three categories. If they do, this could significantly increase the amount you are entitled to recover. 2. The Insurance Coverage that is Available to You Determining whether any of your injuries qualify as “significant” or “permanent” will play a key role in determining what insurance coverage is available to you. If you have an auto insurance claim outside of PIP for your car accident, your Florida car accident attorney may be able to help you seek one or more of the following types of coverage: Bodily injury liability (BIL) coverage under the at-fault driver’s insurance policy Uninsured/underinsured motorist (UIM) coverage under your insurance policy UIM coverage under a family member’s insurance policy (including “stacked” UIM coverage) Importantly, in some cases, car accident victims will have claims outside of auto insurance as well. For example, if the driver who hit you was working, you could have a claim against his or her employer or rideshare company. However, if you accept an auto insurance settlement, this could prevent you from seeking the full compensation you are entitled to recover. 3. The Out-of-Pocket Costs of Your Injuries Speaking of “full” compensation, before you accept an insurance settlement, it is critical to ensure that you have a clear understanding of the lifetime out-of-pocket costs of your injuries. Until you have a clear understanding of these costs, you won’t know what constitutes “full” compensation in your case. Out-of-pocket costs that you may be entitled to include in your insurance claim include: Medical care, medical supplies and equipment, and prescription medications Temporary transportation costs, home modifications and other unplanned expenses In-home care, landscaping, housekeeping, childcare and other necessary services Oftentimes, accident victims’ out-of-pocket costs are far greater than they realize—especially when taking their future costs into account. But, if you accept an auto insurance settlement before you have a clear understanding of your costs, the insurance companies won’t give you a second chance to go back and ask for more. 4. Whether Your Injuries Prevent You from Working (or Restrict Your... --- - Categories: Trucking Accidents Truck crash scenes reveal only part of the full story through their debris. Hidden deep within the cab of that 18-wheeler may be a crucial piece of evidence: The electronic control module (ECM), which serves as the truck's “black box,” contains essential data that could influence the outcome of personal injury cases similar to how flight data recorders do for airplanes. Victims who have suffered injuries in a truck accident need to understand truck black box technology and the legal methods to access their data because this knowledge can significantly impact their personal injury cases. Below, our truck accident lawyer explains what you need to know in order to access vital evidence. What Is a Truck’s Black Box? Today's commercial trucks utilize multiple electronic systems that gather and archive operational data of the vehicle. The electronic control module (ECM) or event data recorder (EDR) is the primary device known as the black box. The monitoring systems capture data about multiple aspects of truck operation, including the following: Speed before and during the crash The black box monitors both the activation of brakes and whether they were engaged during the incident. Engine RPMs and throttle position Sudden acceleration or deceleration (g-force measurements) Hours of service and driver fatigue indicators GPS location and route history Airbag deployment and seatbelt usage Telematics systems combined with dashcams enable commercial fleets to capture detailed behavior-related data in certain scenarios. The Black Box Data is Essential When Assessing Truck Accident Cases Truck accidents frequently result in multi-vehicle collisions that lead to severe injuries and complex legal liability challenges. The black box data frequently uncovers the reality when witness accounts and physical evidence from the crash scene prove inadequate. Consider following these steps to use black box data for your personal injury claim: 1. Proving Driver Negligence The ECM data demonstrates driver error through evidence of speeding together with late braking and erratic acceleration, which supports claims of negligence. 2. Identifying Rule Violations Commercial drivers are restricted by federal rules to a specific number of hours they can operate their vehicles on public roads. The black box data showing that the driver surpassed regulation limits suggests that fatigue contributed to the accident. 3. Contradicting the Trucking Company’s Narrative Trucking companies, together with their insurance providers, frequently minimize their responsibility while shifting blame to the other party involved. Black box data provides objective information that can refute fraudulent accident reports or incorrect statements. 4. Reconstructing the Collision ECM data enables accident reconstruction experts to create detailed event timelines, which help juries and insurance adjusters understand the crash sequence. How Long Is Black Box Data Stored? Here’s the catch: Black box data doesn’t last forever. The systems erase stored information after a brief period or once the truck has been started and stopped several times. Some black box systems retain incident-specific data for up to 30 days or longer. After a crash occurs, the trucking company might "accidentally" lose data when no legal hold is established rapidly. That’s why time is of the essence. In Florida, obtaining black box data should be the first action taken in truck accidents that result in injury to you or a loved one. How to Legally Obtain Black Box Data The process of retrieving information from a truck’s black box requires more effort than simply connecting a laptop. The trucking company retains ownership over both the vehicle and the data contained in it. The absence of prompt legal intervention risks the destruction or alteration of data while the trucking company may withhold information. Here is how a seasoned truck accident lawyer can provide... --- - Categories: Trucking Accidents For many, the first thing that comes to mind when thinking about truck accidents includes images of jackknifed 18-wheelers and speeding semis. But, did you know that the leading, yet overlooked, cause of truck-related accidents in Florida stems from factors unrelated to vehicle speed or size? The cargo contained within the trailer presents the most significant threat during truck incidents. When commercial trucks carry improperly loaded or unsecured cargo, it becomes equivalent to having a 40-ton hazard on wheels. Florida's major shipping routes and ports, along with interstate highways, accommodate thousands of commercial trucks each day, leading to more cargo-related accidents than expected. Below, our Florida truck accident attorney explains the link between improperly-loaded cargo and accidents while identifying liability and detailing how a lawyer can assist injured victims. How Improperly Loaded Cargo Causes Accidents Trucks can carry heavy loads successfully when those loads remain balanced and properly secured while being transported. However, failure to load cargo according to federal and industry standards can produce catastrophic outcomes. Take a look at a few of the most common causes of cargo-related accidents: Shifting Cargo Improperly secured cargo inside the trailer can shift whenever the vehicle makes turns or stops and during lane changes. Weight shifts within the trailer can destabilize the truck and heighten the likelihood of rollovers and jackknife incidents. Overloaded Trailers Trucks have specific maximum weight capacity limits that they must adhere to. When these weight limits are surpassed, brakes, along with tires and suspension, endure substantial stress, which results in equipment breakdown or control loss. Unbalanced Loads It's essential to distribute the weight evenly across the truck even when the total weight does not exceed legal limits. The truck becomes unstable when carrying uneven loads and tends to drift toward one side during sharp turns and lane changes, which creates significant danger while traveling on Florida's curving roads and congested highways. Falling Cargo Trucks with flatbeds or open trailers require tight strapping and securing of all cargo. Objects that are not properly secured can become airborne and collide with surrounding vehicles, causing fatal multi-vehicle accidents. Real Dangers on Florida Roads The state of Florida functions as a key logistics hub because it benefits from extensive port facilities along with distribution centers and highway networks. For instance, construction equipment and citrus shipments travel across major interstates like I-75, I-95, and I-10. The risk of coming across a poorly loaded truck goes up as a result. Wet weather conditions combined with strong winds and heavy highway traffic intensify Florida's transportation problems. Improperly loaded cargo can cause: Rollover accidents on ramps and turns Crashes from lost or spilled cargo Brake failure on steep inclines or declines Crushing injuries from top-heavy loads Experienced truck drivers face difficulties managing vehicles loaded with unstable cargo, which creates danger for themselves and others. Who’s Responsible for a Cargo-Related Truck Accident? A truck accident involving improper cargo presents a more complex liability determination than typical personal injury cases. To be clear, multiple parties share responsibility for loading the truck properly and ensuring its maintenance. The Truck Driver Drivers must check their cargo before starting their journey. Drivers who neglected to verify how their load was secured or who disregarded clear safety hazards might face liability. The Trucking Company The driver usually works as an employee or contractor for a carrier company that manages shipment scheduling and maintenance while also establishing unrealistic delivery deadlines. The company could face substantial liability if it neglected proper driver training or resorted to cutting operational corners. Cargo Loaders and Third-Party Shippers Some companies employ third-party logistics staff and warehouse workers to... --- - Categories: Mass Torts If you have questions about filing a Depo-Provera lawsuit, you are not alone. As awareness of the link between Depo-Provera and intracranial meningioma continues to grow, we are continuing to hear from more women and family members who have questions about taking legal action. Whether you have been diagnosed with intracranial meningioma after receiving Depo-Provera injections or you have tragically lost a loved one, it is important to ensure that you are making informed decisions. If you have grounds to file a Depo-Provera lawsuit, hiring a lawyer to help you take legal action will be important—and you will want to speak with a lawyer promptly. What Do You Need to Know About Filing a Depo-Provera Lawsuit? With this in mind, here are 10 important facts about Depo-Provera lawsuits for patients and their families: 1. Dozens of Depo-Provera Lawsuits Have Already Been Filed The first thing you should know is that dozens of Depo-Provera lawsuits have already been filed. The number of pending Depo-Provera lawsuits is continuing to increase, and we expect that hundreds—if not thousands—of lawsuits will eventually be filed against Depo-Provera’s manufacturer. For patients and families who are coping with the consequences of an intracranial meningioma diagnosis, filing a lawsuit is a necessary step to seek just compensation. 2. Depo-Provera Lawsuits Are Being Consolidated in Multi-District Litigation (MDL) The pending Depo-Provera lawsuits were recently consolidated in a multi-district litigation (MDL) proceeding. This has a couple of key implications, as we discuss below. If you have grounds to file a Depo-Provera lawsuit, your lawsuit will most likely be filed in the MDL, so it is important that you choose a mass tort lawyer who has experience handling these types of cases. 3. There is Not a Depo-Provera Class Action Lawsuit Since the pending Depo-Provera lawsuits have been consolidated in an MDL proceeding, this means that there is not a Depo-Provera class action lawsuit. What is the difference between a class action and an MDL? While there are several procedural differences, the key difference for patients and families is that joining an active MDL proceeding allows them to seek full compensation for their losses. 4. Patients and Their Families Can Seek Full Compensation for Their Losses This is worth discussing in a bit more detail. An intracranial meningioma diagnosis can lead to significant financial and non-financial costs. While individual settlements in class action lawsuits are typically relatively small, plaintiffs in MDL proceedings can seek full compensation based on their specific circumstances. As a result, settlements are often significantly higher; and, as a plaintiff, it will be up to you to decide when (and if) to accept a settlement. 5. It Doesn’t Matter When You (or Your Loved One) Received Depo-Provera Injections While time restrictions apply to Depo-Provera lawsuits, these restrictions are generally unrelated to when patients received their Depo-Provera injections. As a result, we strongly recommend that you speak with a lawyer regardless of when you (or your loved one) relied on Depo-Provera as a contraceptive. Whether you are currently on Depo-Provera or a loved one received injections years or decades ago, you may still have plenty of time to assert your legal rights. 6. It Matters When You (or Your Loved One) Received a Cancer Diagnosis Generally, the time restrictions in these types of cases relate to when patients received their diagnoses. Once you know that you have grounds to file a lawsuit (or reasonably should know that you have grounds to file a lawsuit), this is when the statute of limitations will typically start to run. In cases involving fatal intracranial meningiomas, the statute of limitations will typically run... --- - Categories: Personal Injury Attorneys who work to help accident victims recover full compensation for their losses know that incidents like motor vehicle collisions, falls, medical malpractice, and truck accidents can cause a wide variety of injuries. All too often, those injuries are extremely serious, and victims are left with pain and disability that haunt them for years. If you’ve been hurt in an accident, you may be wondering about the long-term effects of your injuries and whether you’re eligible to receive compensation. Our team offers free case evaluations where we can answer questions based on the specifics of your particular case. For background information, we thought it would be helpful to provide a guide to serious injuries in personal injury lawsuits. This information may aid you in determining the questions you should be asking your doctor as well as your attorney. Spinal Cord Injuries The spinal cord is a collection of nerves that connect your brain to the rest of your body. These nerves send information back and forth constantly so that your brain can tell parts of your body what to do, and various body parts can relay information to your brain. When you touch something warm, nerves send a message up your spinal cord telling your brain so that you can decide what to do about it. If you touch something dangerously hot, your spinal cord controls reflexes that automatically move you out of harm’s way even before you have time to think about it. When your spinal cord is damaged, you may be paralyzed throughout large portions of your body. You can’t feel or control body parts that are below the point of injury. If the injury occurs high up on your spine, around your neck, then you may not even be able to breathe without medical assistance. The spinal cord is such a complex system that doctors do not really have an effective way to repair damage. They may try to stabilize areas around the spinal cord, hoping it will heal on its own. But the damage is often permanent. Because of these factors, spinal cord injuries are among the most devastating injuries people suffer in car accidents. When you can’t control your lower body due to a spinal cord injury, you can’t walk and may not even be able to control your own bladder or sexual functions. If you have an injury higher up, you may become a quadriplegic, unable to control your arms or legs, hands, or feet. You may not even be able to swallow. In addition to not being able to work, you lose the ability to care for yourself and enjoy activities. You may need help to accomplish simple tasks such as eating. Even if you lose most sensation because of paralysis, you may still experience shooting pains or spasms in your muscles. The quality of your life changes drastically. An accident attorney cannot restore the physical abilities you’ve lost. However, an experienced legal team knows how to anticipate many of your needs for the future when you’re facing this type of serious injury. This enables your attorney to seek a full damage award that accounts for each aspect of your loss and every future need, from ongoing therapy and assistance to modifications to your home and specialized vehicles. At a time when losses seem overwhelming, guidance and assistance from a knowledgeable and compassionate legal team can help you see a way forward. Injuries to Your Face and Head When your eyes, ears, face, or brain are damaged, you lose the ability to function in different ways, all of which can have a profound... --- - Categories: Personal Injury, Product Defect It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in industrial applications such as manufacturing. Anyone can be harmed by toxic or irritating chemicals present in a variety of forms, from gas, vapor, and aerosols to liquid solutions and particulate solids. If you’ve been injured due to exposure to toxic chemicals, you may be entitled to compensation to cover medical needs and offset the suffering caused by the damage to your body. However, the legal pathway to establishing liability is not always clear in toxic exposure cases. Sometimes, the theory of strict liability applies, but in other cases, you may need to prove negligence or seek recovery under other legal theories. An attorney experienced in handling legal liability in toxic tort cases can review the circumstances of your case and advise you about the compensation you may be entitled to and what will be necessary to prove to recover. As you get started, you may find it helpful to have an overview of toxic chemical liability and situations where companies can be held strictly liable for the harm caused by dangerous substances. What is Strict Liability? Strict liability refers to a situation where a person or company is held liable for the consequences of an action regardless of whether they were proven to be at fault in some way. For example, Florida has a strict liability rule when it comes to dog bite cases. When a dog bites someone, the owner is held liable for the injuries even if they didn’t know the dog might turn violent, regardless of whether they were negligent in keeping the dog restrained. The mere fact that they owned a dog that bit someone creates liability for the dog bite. When strict liability applies to a case, the person injured or harmed does not need to prove that someone acted negligently or did something wrong. That makes it much easier to establish liability. Strict liability often applies to situations that involve inherently dangerous possessions or ultrahazardous activities. It requires companies who put others at an extraordinary risk to exercise extra caution. Examples of situations where courts have imposed strict liability for harm caused by an ultrahazardous or abnormally dangerous activity include: Fumigating a building with dangerous pest control chemicals Manufacturing that emits noxious fumes into a populated area Dusting fields with pesticides from the air Storage and transportation of toxic chemicals In addition, manufacturers and sellers can be held strictly liable for harm caused by products that are defective in design, manufacturing, or marketing. Some cases involving toxic chemical injuries involve liability under this theory. If your attorney can prove that strict liability applies in your case, your burden of proof is easier to meet, and you have a greater likelihood of winning your case and recovering damages. Chemical Exposure Cases May Fall Under State or Federal Law One factor that complicates cases involving damage caused by exposure to toxic chemicals is that different laws may apply to the situation, depending on the source of the toxic chemical. Florida has enacted a number of environmental laws governing toxic chemicals, and these may give rise to a personal liability claim. For instance, Florida’s Water Quality Assurance Act of 1983 establishes liability for the discharge of hazardous substances into surface and ground waters in the state. The Florida Supreme Court held that the Water Quality Assurance Act allows someone injured by battery acid spilled on the highway to seek recovery... --- - Categories: Boating Accidents Millions of tourists, along with local residents, flock to Florida's pristine waters to take pleasure in the sun and sea while experiencing boating freedom. But beneath the picturesque surface lies a growing and often overlooked danger: the rise of unregulated boat rentals. Unregulated boat rentals operate as floating time bombs that expose inexperienced boaters and unsuspecting passengers, along with all other waterway users, to significant danger. The legal consequences that follow boating accidents turn into an overwhelming nightmare for those who suffer from them. This blog examines the risks associated with unregulated boat rentals and explains why these rentals are increasing while detailing your legal options following an accident with such a boat. The Rise of Peer-to-Peer Boat Rentals Platforms like Boatsetter and GetMyBoat have revolutionized recreational boating in a similar way that Airbnb transformed the lodging industry. People can rent boats by using a few taps on their devices without needing any boating license or experience in most situations. Boat owners offer their vessels for rent without mandatory safety checks or official regulation oversight. While this business approach offers affordability and convenience to users, it becomes dangerously expensive when safety falls secondary to financial gains. The Hidden Risks of Unregulated Rentals Boat rentals without strict regulations create dangerous conditions that lead to numerous accidents. This list shows only some of the multiple dangers that exist. Inexperienced Operators: Numerous boat renters lack previous driving experience and are provided with little to no training before operating a vessel. First-time boat renters usually lack the essential skills needed for vessel operation, which include understanding navigation techniques, adhering to right-of-way rules, and executing emergency procedures. Poorly Maintained Boats: Peer-to-peer boat rentals do not adhere to regular maintenance, unlike charter companies, which undergo Coast Guard inspections. A fun boating trip can become a crisis if the boat features faulty engines, broken radios, or lacks life jackets. Overcrowding and Overloading: Passenger numbers exceeding legal limits on privately owned boats create danger for everyone aboard through potential capsizing or injury risks. Alcohol and Reckless Behavior: Boat renters mix boating with alcohol and risky behavior because there is little enforcement or oversight, and this often results in collisions and falls overboard, which can lead to fatalities. Real Case, Real Consequences A group of friends secured a pontoon boat rental through a peer-to-peer platform in the vicinity of Miami in 2022. The rented boat had insufficient lighting and lacked life jackets, and the renter operated it without a boating license. The boat crashed into a dock after sunset, which resulted in serious injuries to two passengers. A person needed surgical intervention followed by an extensive rehabilitation period. The kicker? The company that provided the boat rental refused to accept any responsibility for the incident, while the boat owner possessed only basic insurance coverage. The victims encountered severe challenges in their efforts to obtain compensation through legal means. This situation represents part of a larger pattern that demonstrates the critical need for better public awareness and stronger legal safeguards. The Legal Maze for Victims The pursuit of justice becomes complex when an injury results from a boating accident with an unregulated rental. Here’s why: Limited or No Insurance: The majority of private boat owners maintain only basic liability insurance or choose not to insure their boats. Boat owners who use rental platforms may find that their insurance coverage remains secondary or contains multiple loopholes. Waivers and Terms of Use: Rental platforms usually obscure liability waivers within their terms. Although these documents may lack enforceability, they serve to complicate legal proceedings and postpone compensation claims. Multiple Liable Parties: Who is... --- - Categories: Golf Cart Accidents Golf carts in Florida serve multiple purposes beyond the traditional golf course as they navigate between gated communities and sunny landscapes. These vehicles serve as the primary transportation option throughout numerous communities and local areas. But here's what most people don’t realize: Florida law categorizes golf carts as legitimate vehicles, not toys. Legal regulations treat golf carts similarly to motor vehicles when accidents take place. Knowing Florida law’s perspective on golf carts becomes essential for safeguarding your rights and obtaining compensation if you or a family member sustains injuries in a golf cart accident. Florida’s Legal Definition of a Golf Cart Florida Statute 320. 01(22) defines a golf cart to be a motor vehicle that manufacturers design for operation on golf courses for sporting and recreational activities. The legal system distinguishes clearly between "golf carts" and "low-speed vehicles" (LSVs). Carts that reach speeds between 20 and 25 mph and include safety features such as seat belts and turn signals can be reclassified as LSVs, which then resemble cars in terms of legal treatment. The classification of vehicles determines their legal obligations, which include requirements for registration, insurance, and driver licensing. Florida regulations outline permitted areas for golf cart operation, which include golf communities and roads with a maximum speed limit of 25 mph. While municipalities can designate certain roads for golf cart use, operating golf carts outside these areas or breaching traffic regulations leads to fines. Many individuals mistakenly believe that crossing busy intersections and riding on sidewalks with a golf cart is both safe and legal. In most cases, it’s not. Using a golf cart unlawfully during an accident can impact both liability determination and insurance claim outcomes. Golf Cart Accidents: Who’s Liable? The determination of liability becomes complex when a golf cart accident happens. The at-fault party for a golf cart accident can change based on different circumstances. Potential parties include: The golf cart driver Another vehicle’s driver A pedestrian or cyclist A business or property owner may be liable if their poor design or maintenance played a role in the crash. In cases where a manufacturing flaw exists, the golf cart producer could be held accountable. Florida applies comparative negligence rules that allow multiple parties to be held responsible for accidents. Your eligible compensation amount may be affected by this factor. In such a scenario where reckless driving of a golf cart by a friend caused your injury and a speeding car contributed to the accident, both the golf cart driver and the car owner will likely bear joint legal responsibility. A golf cart accident lawyer who understands legal complexities is capable of examining situations and deciding how fault needs to be distributed. Insurance: Don’t Assume You’re Covered Florida law does not require golf carts to carry personal injury protection (PIP) insurance, unlike traditional vehicles. That said, injuries from a golf cart crash can prevent you from utilizing automatic medical benefits through PIP. However, it is important to note that golf carts become subject to insurance requirements, including PIP, liability, and property damage coverage, when classified as low-speed vehicles (LSVs). The lack of awareness among golf cart owners about this classification results in expensive insurance coverage voids. Limited insurance coverage through homeowners insurance for golf cart accidents applies only when the incident happens on insured property. The insurance protection disappears when you drive the golf cart onto public roads or private property. Golf cart owners and accident victims need to talk to lawyers and insurance agents to understand their coverage, which will help them stay protected before any accidents occur. Criminal and Civil Liability Florida law considers... --- - Categories: Mass Torts, Product Defect Unsafe product recalls are alarmingly common. While all companies have a legal obligation to ensure that their products are safe for use or consumption, companies fail to meet this obligation far too often. In many cases, unsafe products will be recalled. As the U. S. Food and Drug Administration (FDA) explains, a “ecall may be undertaken voluntarily and at any time by manufacturers and distributors, or at the request of the FDA. ” Unfortunately, many recalls don’t come until it is too late, and this leaves many consumers, patients and families in need of an experienced unsafe product lawyer who can help them assert their legal rights. Here is an overview of what you should know about FDA recalls: What Types of Products Does the FDA Recall? As its name suggests, the FDA only regulates certain types of products—although the scope of its enforcement authority is broader than it may initially seem. Under the federal Food, Drug and Cosmetic Act, the FDA has the authority to request and oversee recalls involving: Animal and Veterinary Products Biologics Cosmetics Dietary Supplements Drugs Food Products Fresh and Frozen Foods Medical Devices Radiation-Emitting Products Tobacco A wide range of products fall into each of these categories—and all of them have the potential to be unsafe if they are not designed, manufactured, shipped or stored properly. For example, biologics can range from vaccines to gene therapy technologies, while medical devices can range from joint replacement implants to surgical mesh. Understanding the Three Classes of FDA Recalls When you learn about a recall involving an FDA-regulated product that you or a loved one has purchased or used, there are several pieces of information you need in order to make informed decisions about your next steps. One of these pieces of information is the “Class” of the recall. The FDA divides recalls into three Classes. All recalls (whether initiated by the FDA or by a manufacturer or distributor) will be placed into a Class by the FDA. The three classes of FDA recalls are: Class I – Class I recalls are the most serious. If the FDA declares a Class I recall, this means that, “there is a reasonable probability that the use of, or exposure to, product will cause serious adverse health consequences or death. ” Class II – If the FDA declares a Class II recall, this means that either: (i) “use of, or exposure to, product may cause temporary or medically reversible adverse health consequences;” or, (ii) “the probability of serious adverse health consequences is remote. ” Class III – Class III recalls are the least serious. If the FDA declares a Class III recall, this means that, “use of, or exposure to, product is not likely to cause adverse health consequences. ” Another key piece of information is the nature of a recall. Contrary to popular belief, not all recalls result in unsafe products being pulled from retailers, pharmacies, or healthcare providers’ shelves. While some recalls involve removals or market withdrawals (when a manufacturer stops selling a product completely), recalls can also involve “corrections” that simply result in updates to a product’s instructions or labeling. How to Find Information About FDA Recalls How can you find out if an unsafe product is subject to an FDA recall? One option is to search for the product on recalls. gov. This is a database of all unsafe products that are subject to known recalls—including not only recalls issued by the FDA, but recalls issued by the U. S. Consumer Product Safety Commission (CPSC), U. S. Department of Agriculture (USDA), National Highway Traffic Safety Administration (NHTSA)... --- - Categories: Mass Torts If you have a mass tort lawsuit, proving your injuries (and their costs) will be essential for recovering the financial compensation you deserve. As a result, documenting your injuries is extremely important, and while your lawyer will be able to help, there are some steps you will need to take on your own as well. Why You Need to Document Your Injuries if You Think You May Have a Lawsuit Before we talk about the steps you need to take, we’ll first discuss why documenting your injuries is important. There are three main reasons: 1. Proving the Cause of Your Injuries First, documenting your injuries will help prove their cause—and this is essential for filing a mass tort lawsuit. To seek just compensation, you need to be able to prove how and why you got injured. If you can prove the cause of your injury, this will allow you (or your lawyer) to prove what company is responsible. 2. Proving the Costs of Your Injuries Second, documenting your injuries will also assist with proving how much you are entitled to recover. If you can prove your injuries, then you can also prove your injuries’ costs. This includes not only the costs of diagnosis and treatment but the cost of your prescription medications, your lost income and benefits, and other costs as well. 3. Proving Your Injuries’ Non-Financial Impacts Third, documenting your injuries will allow you to prove their non-financial impacts. Serious injuries can negatively impact virtually all aspects of your daily life. If you have a mass tort claim, you are entitled to just compensation for these “non-financial costs” as well. But, here too, it is up to you to prove how much financial compensation you deserve. How to Document Your Injuries (and Their Costs) So, now that you know why it is important to document your injuries if you think you may have a mass tort lawsuit, how do you document your injuries (and their costs)? Here are some tips from the mass tort lawyers at Searcy Denney: Seek Medical Treatment Promptly – If you have not done so already, you should seek medical treatment for your injuries right away. When seeking treatment, tell your doctor specifically why you have concerns. This will help ensure that you receive a complete and accurate diagnosis—and this, in turn, will help ensure that you have the documentation you need to prove your legal rights. Keep Your Test Results, Scans, Prescriptions and Other Medical Records – While your medical providers should keep all of your medical records on file, you should do your best to keep copies as well. This way, you can share them with your lawyer during your free initial consultation. Test results, scans, prescriptions and any other medical records you receive could all be relevant to your claim for just compensation. Keep Your Medical Bills and Receipts – Along with your medical records, you should also keep your medical bills and receipts. Likewise, if you pay for any prescriptions or medical supplies out of pocket, you should be sure to keep track of these costs as well. Whether you cover these costs in the short term or you are unable to pay any of your medical expenses out of pocket, these are all costs that you are entitled to recover if you have a mass tort lawsuit. Keep Your Employment Records – Do your injuries prevent you from working (or have they prevented you from working in the past)? If so, your employment records will also be key documentation of the costs of your injuries. Paystubs, W-2s, and written communications... --- - Categories: Mass Torts If you are entitled to just compensation for injuries caused by a defective medical device or another dangerous or defective product, you may be able to join an existing mass tort case. This is not the same as joining a class action lawsuit. In a class action lawsuit, all of the plaintiffs receive a relatively small portion of a settlement or verdict awarded to the entire “class” if the lawsuit is successful. In a mass tort case, each plaintiff works with their own lawyer to seek just compensation for their specific losses. As a result, if you have a mass tort claim, your choice of legal representation matters. You need a lawyer who understands the complex mass tort process, and who has the experience and commitment required to seek the full compensation you deserve. With this in mind, here are some important factors to consider when choosing a lawyer for your mass tort case: 1. Does the Lawyer Focus on Handling Complex Mass Tort Cases? Mass tort cases are unlike any other type of litigation. There are special (and complicated) rules and procedures, and while lawyers will often represent multiple plaintiffs, they must handle each of their clients’ cases individually. As a result, relevant experience is extremely important. Given that this is the case, you will want to choose a lawyer who focuses his or her practice on handling mass tort litigation. At Searcy Denney, we have several lawyers in our mass tort practice who focus exclusively on seeking just compensation for victims and their families. 2. Does the Lawyer Have a Track Record of Success? Handling mass tort cases is one thing. Winning mass tort cases is another. When choosing a lawyer to represent you, you will want to choose someone who has a proven record of success in mass tort litigation. This matters for a few key reasons: When you have a mass tort claim, you need to be able to trust your lawyer’s advice, and you need to be able to rely on your lawyer every step of the way. If your lawyer has proven that he or she can win mass tort cases, this will provide the confidence you need. The insurance companies that represent product manufacturers pay attention to the lawyers who plaintiffs choose to represent them. As a result, if your lawyer has a proven record of success, this can have a direct impact on how the insurance companies handle your case. While there are no guarantees, if your lawyer has helped plaintiffs successfully pursue mass tort claims previously, this shows that your lawyer has the capabilities required to provide effective legal representation. Of course, your case is unique to you, and even if your lawyer has helped other victims recover just compensation in the past, this doesn’t necessarily mean that your lawyer will win your case. But, if you have the choice, why not choose someone who has proven their ability to win for their clients? 3. Does the Lawyer Publish Client Testimonials Online? One of the best ways to find out what you can expect if you hire a lawyer to represent you is to hear from the lawyer’s past clients. While not all mass tort lawyers publish client testimonials online, some do. At Searcy Denney, we publish our client testimonials because we are more than happy to let our clients speak for themselves. If you read our client testimonials, you will notice that many of our clients refer to our lawyers on a first-name basis. This is what we prefer. As a client of Searcy Denney, you are an equal member... --- - Categories: Personal Injury If you use a golf cart to get around your retirement community, you aren’t alone. Golf carts have been popular in retirement communities for decades, and they have become even more popular in recent years. If you’ve been injured in an accident while riding in a golf cart, you aren’t alone either—and you will most likely want to speak with a Florida personal injury lawyer about your legal rights. Collisions Between Golf Carts and Cars Often Result in Serious Injuries Collisions between golf carts and cars often result in serious injuries. Whether golf cart occupants remain in the vehicle or are thrown into the road, they can suffer injuries ranging from broken bones to brain trauma. While these injuries can have serious consequences for anyone, they can often be especially risky for aging retirement community residents. Regardless of your age and health condition, getting the treatment you need should be your priority. This will help minimize your risk of facing long-term complications—and it will also help protect your legal rights. Injuries from golf cart accidents can prove incredibly expensive, and protecting your legal rights can be essential for ensuring that you and your family do not incur out-of-pocket costs unnecessarily. 5 Important Facts About Collisions Between Cars and Golf Carts in Florida With this in mind, what do you need to know if you (or a loved one) has been injured in a golf cart accident in a retirement community? Here are five important facts about collisions between cars and golf carts in Florida: 1. The Costs of a Golf Cart Accident Can Add Up Quickly (and Continue Adding Up for a Long Time) We already touched on the costs of treatment, but these are not the only costs you are likely to incur after a golf cart accident resulting in serious injuries. If you were working part-time, doing consulting work or making money from a hobby in your retirement, being unable to work will add to the financial costs of your injuries. Suffering serious injuries in a golf cart accident can have significant non-financial costs as well. If you are unable to spend time with your friends or family, if you now find yourself dealing with chronic pain or a disability, or if your injuries have shortened your life expectancy, these are all very real costs that you should not ignore. If you have a claim for your golf cart accident, these are also costs for which financial compensation may be available to help support you and your family long-term. 2. You May Have an Insurance Claim In many cases, individuals who suffer serious injuries in golf cart accidents will have an insurance claim. If the driver who hit you has liability coverage under his or her auto insurance policy, you should be able to file a claim. If you have uninsured/underinsured motorist (UIM) coverage under any of your policies, you may be able to file a claim with your insurance company as well. 3. You May Also Have a Claim Against a Manufacturer Depending on how you got injured, you could also have a claim against the manufacturer of your golf cart or the vehicle that hit you. Some examples of potential grounds to file a claim against a manufacturer include: Faulty brakes Faulty tires Faulty mechanical or electrical components Faulty steering or accelerator controls Inadequate or ineffective safety equipment If you hire a Florida personal injury lawyer, your lawyer will be able to conduct an investigation to determine if a manufacturer is liable for your injuries. If so, your lawyer will be able to file a product... --- - Categories: Car Accidents, Defective Design, Personal Injury The latest controversy surrounding Tesla’s push into autonomous driving technology has sparked an investigation by U. S. safety regulators into its “Actually Smart Summon” feature. This feature, which allows drivers to summon their parked vehicles using a smartphone, has been linked to numerous incidents, raising serious questions about the safety of the technology and the potential risks for consumers. What is the Technology and How Does it Work? Tesla’s Smart Summon technology, available on nearly 2. 6 million vehicles, including the Model S, Model 3, Model X, and Model Y, allows drivers to maneuver their cars into position remotely. However, the technology’s limitations are becoming clear: the cars have been reported to fail to detect obstacles, such as parked cars or posts. According to the National Highway Traffic Safety Administration (NHTSA), at least four crashes have been linked to the “Actually Smart Summon” feature, while a dozen other incidents were tied to its predecessor, the “Smart Summon. ” Fortunately, none of these incidents led to injuries, but the investigation is likely to prompt renewed scrutiny over Tesla’s self-driving ambitions and the safety of its technology. In fact, the NHTSA is also investigating Tesla’s more widely-known Autopilot features, which have been linked to some fatal crashes. Elon Musk has long been an outspoken proponent of self-driving technology, emphasizing its safety and potential to revolutionize transportation. He’s argued that the risk of using Tesla’s autonomous technology is lower than conventional driving. Despite these claims, the investigation into the Smart Summon feature casts doubt on the readiness of this technology for widespread use. Tesla’s manual advises that Smart Summon is best used in familiar environments, like driveways, and requires a clear line-of-sight between the driver and the car. The company also specifies that Smart Summon is not meant to be used on public roads. However, as the feature is currently in use across millions of vehicles, the safety implications of Tesla’s self-driving technology remain in question. A Closer Look at the Problem What is particularly concerning is the lack of oversight in how quickly these vehicles can move while the Smart Summon feature is in use, as well as the apparent lack of restrictions that could prevent drivers from attempting to use it on public roads. This raises a fundamental question: how prepared are Tesla and regulators to handle the real-world consequences of autonomous driving technology when issues like these are still emerging? This investigation is just the beginning of what could be a much larger discussion around the safety of autonomous driving technology and its place in everyday transportation. The NHTSA’s probe could ultimately lead to a recall, but the larger issue of accountability remains. Who will be responsible if Tesla’s technology causes harm to consumers or the public? How will regulators address the growing concerns over self-driving features that, despite their potential, seem to be outpacing safety protocols? For Tesla, the pressure is mounting. With numerous investigations into the safety of its autonomous driving features and an administration that has promised to reduce regulation, it’s uncertain how the future of self-driving technology will evolve. As we continue to see more developments, the question remains: Will Tesla’s groundbreaking technology continue to push boundaries, or will safety concerns cause the brakes to be applied? Contact a Florida Personal Injury Lawyer Today for Immediate Assistance If you or a loved one has been injured due to a vehicle defect, malfunction, or any other type of accident, contact a Florida personal injury lawyer today to discuss your legal rights and options. --- - Categories: Car Accidents Florida is home to some of the busiest cruise ship ports in the world. Not only do U. S. residents flock to the state’s cruise ports to set sail for the Caribbean, but visitors from around the world buy cruises specifically to visit Florida’s ports of call. Unfortunately, while this is good for Florida’s tourism industry, it presents risks for both visitors and local residents. We regularly hear from tourists and locals living near Florida’s cruise ports who have questions about hiring a Florida car accident attorney. Understanding Why Florida’s Port Areas Are So Dangerous for Drivers and Pedestrians Why are Florida’s cruise ship terminals so dangerous? Here are two of the primary ways that port areas create unique risks for drivers and pedestrians: 1. Congestion, Distractions, and Rushing to Get Where Passengers Need to Go Cruise ship departure and return dates can be extremely busy times in Florida’s port cities and the surrounding areas. On departure dates, cruise passengers are often in a rush to get to their ship before it departs, and, in many cases, they are distracted looking at their phones or GPS screens to figure out where they need to go. These factors, combined with increased traffic congestion, mean that car accidents are much more likely. The same risks exist on days when cruise ships return to Florida’s ports from trips to the Caribbean and farther afield. Once passengers disembark, there is often a mad rush to beat traffic or get to the airport in order to catch flights home. Distracted driving, aggressive driving, and traffic congestion each present accident risks on their own, and when they are combined, this can create a very high-risk situation for everyone on the road. 2. Unfamiliarity with Local Roads When Visiting Florida’s Port Cities from Out of Town Transient passengers who are visiting Florida cities as ports of call can also present risks. Similar to out-of-town drivers trying to make their way to ports for departure, tourists exploring Florida’s port areas will frequently be both distracted and unfamiliar with the local roads. Tourists have a tendency to ignore signs, crosswalks and crossing signals as well. All of these factors can make tourists dangers to themselves and others—with tourists frequently being to blame for pedestrian, bicycle, scooter, rideshare and other accidents. When tourists are late getting back to their cruise ships, this is one scenario in particular in which they will often make bad decisions. Ignoring stop signs and signals, crossing the street in front of approaching vehicles, and attempting to get cars to stop so that they can cross are all common—and they are all dangerous. Even if a driver sees a pedestrian in his or her path, other drivers may not be expecting the driver in front of them to suddenly slam on the brakes. Filing a Claim for a Car Accident in One of Florida’s Port Cities With all of this in mind, what should you do if you get injured in a car accident in one of Florida’s port cities? As with all types of accidents, there are some important steps you should try to take to protect your legal rights. Whether you are a local resident or are visiting from out of town, in this scenario, you should: 1. Document the Accident as Thoroughly as Possible Use your phone to take plenty of photos and videos at the scene of the accident (if it is not too late). It is important to try to document the accident as thoroughly as possible. Keep all of your photos and videos (even if you have duplicates) to share... --- - Categories: Car Accidents Car accidents are an unfortunate reality on Tallahassee roads, with collisions occurring daily due to distracted driving, speeding, and other negligent behaviors. Whether an accident seems minor or severe, one of the most crucial steps for anyone involved is seeking medical attention immediately. Many victims underestimate the significance of prompt medical care, only to experience complications later. Our Tallahassee car accident lawyer explores why seeking medical attention after a car accident in Tallahassee is essential for both health and legal reasons. Hidden Injuries and Delayed Symptoms One of the primary reasons accident victims delay medical care is because they do not feel immediate pain or symptoms. However, many car accident injuries do not manifest right away. Adrenaline and shock can temporarily mask pain, leading victims to believe they are unharmed. Common injuries with delayed symptoms include: Whiplash: Neck and back pain from sudden jolts may take hours or even days to develop. Concussions: Symptoms like dizziness, headaches, and memory issues may not appear immediately. Internal Bleeding: Bruising or abdominal pain may take time to become noticeable. Soft Tissue Injuries: Sprains and strains may worsen over time if left untreated. By seeking medical attention as soon as possible, victims can detect and address these injuries before they become severe. Protecting Your Legal Rights Beyond health concerns, medical documentation is crucial when filing insurance claims or personal injury lawsuits. In Florida, which follows a no-fault insurance system, accident victims typically seek compensation through their Personal Injury Protection (PIP) coverage. However, PIP benefits only apply if medical treatment is sought within 14 days of the accident. Failing to see a doctor within this timeframe can jeopardize the ability to recover compensation for medical expenses and lost wages. Additionally, if the accident was caused by another driver’s negligence and a lawsuit is necessary, medical records serve as key evidence in proving injuries. Delaying medical care can allow insurance companies to argue that the injuries were not caused by the accident or were not serious enough to warrant compensation. The Role of Medical Documentation in Insurance Claims Insurance adjusters assess claims based on medical records, accident reports, and other supporting evidence. Seeking medical attention immediately ensures that: The injury is documented with a date close to the accident, strengthening the claim. A doctor’s assessment confirms the injury is related to the accident. A treatment plan is established, reinforcing the severity of the condition. Without timely medical care, insurance companies may downplay the injuries or deny claims altogether, making it harder for victims to obtain the compensation they deserve. Avoiding Long-Term Health Complications Neglecting medical attention can lead to long-term complications that could have been prevented with early intervention. For example: Untreated spinal injuries may result in chronic pain, reduced mobility, or permanent disability. Concussions that are not diagnosed early can lead to long-term cognitive issues, including memory loss and concentration difficulties. Internal injuries such as organ damage or internal bleeding can become life-threatening without timely treatment. Seeing a doctor right after an accident allows for the early detection of serious conditions, preventing long-term suffering and costly medical treatments down the line. Mental Health and Psychological Trauma Car accidents do not only cause physical injuries; they also take a toll on mental health. Post-traumatic stress disorder (PTSD), anxiety, and depression are common psychological effects following a serious collision. Victims may experience nightmares, flashbacks, or an overwhelming fear of driving again. Seeking medical care also includes evaluating mental well-being and allowing victims to receive necessary therapy or counseling to cope with accident-related stress. Finding the Right Medical Care in Tallahassee After an accident, knowing where to seek... --- - Categories: Car Accidents, Personal Injury Drivers across the United States face a variety of risks on a daily basis. Unfortunately, Florida drivers face more risks than others. Florida has more fatal car accidents than almost any other state, with nearly 10 people losing their lives every day on Florida’s roads on average. Victims of car accidents in the state will often benefit from hiring a Florida auto accident lawyer, as victims will be entitled to proper compensation for their accident-related losses in many cases. 12 Unusual (But Very Real) Concerns for Florida Drivers Why are Florida’s roads so dangerous? Part of the reason is that local drivers regularly face hazards that simply aren’t issues in many other states. For example, here are 12 unusual (but very real) concerns for Florida drivers: 1. Alligators in the Road Every year, we see several reports of car accidents involving alligators on the road. There are more than 1. 3 million alligators in Florida, and while many of these alligators live in the Everglades and other sparsely populated areas, there are just as many—if not more—that live in and around neighborhoods and other urbanized areas across the state. 2. Sinkholes Along with its alligators, Florida is also known for its sinkholes. This is due to a combination of factors related to the state’s climate and geography. Cycles of drought conditions followed by heavy rains can destabilize the ground beneath roads—causing sinkholes to form—and in many cases, drivers will not realize that they are approaching a sinkhole until it is already too late. 3. Hurricane and Tropical Storm Debris Florida sees multiple hurricanes and tropical storms almost every year. Even when these storms do not cause devastating property damage along Florida’s coasts, they can still cause downed trees and create other debris that present serious risks for Florida motorists. 4. Sudden Thunderstorms Florida residents know to expect sudden thunderstorms at certain times of the year, but this doesn’t necessarily mean that drivers can always be prepared. Downpours can severely limit drivers’ visibility and make road conditions hazardous—both of which can increase drivers’ risk of being involved in a serious accident. 5. Floodwaters From relentless rains to clogged storm drains, multiple factors can cause floodwaters to accumulate on Florida’s roads. Even just a few inches of water on the road can be dangerous, while 12 to 18 inches of rushing water can be enough to sweep away a car. 6. Sand from Beaches When floodwaters or onshore winds push sand from Florida’s beaches onto Florida’s roads, this can create a serious hazard for drivers as well. Even small amounts of sand can cause drivers to lose traction, similar to driving on roads covered in water. When storms leave roads near the ocean covered in densely packed sand, being unable to see lane lines and other road markings can be dangerous for drivers as well. 7. Sun Glare Due to Florida’s flat topography, sun glare is an issue for drivers statewide. Whether you are driving east in the morning or driving west as the sun goes down, glare from the sun can make it extremely difficult to see road signs, traffic signals and even other vehicles right in front of you. 8. Dangerous Boat Trailers Florida has more registered boats than any other state in the country. This means Florida has the most boat trailers on the road as well. Unfortunately, some of these boat trailers are in much better condition than others. Safely driving a truck or SUV with a boat trailer attached requires special skill as well, and the unfortunate reality is that many boat owners simply do not realize... --- - Categories: Car Accidents Car accidents are an unfortunate reality on the roads of Tallahassee, Florida. With thousands of vehicles traversing the city daily, collisions are bound to occur. Determining fault and liability in these incidents is often a complex process, requiring solid evidence to support claims and legal arguments. One of the most valuable pieces of evidence in modern car accident cases is dashcam footage. Below, our Tallahassee accident lawyer explores the significance of dashcam recordings in Tallahassee car accident cases, their legal implications, and how they can impact insurance claims and litigation. The Role of Dashcam Footage in Establishing Liability One of the primary reasons dashcams have gained widespread popularity among drivers is their ability to record real-time evidence of events leading up to and during an accident. In cases where fault is disputed, a dashcam recording can provide an objective and unbiased account of the incident, clarifying the sequence of events and helping authorities determine liability. For example, in an intersection collision where both drivers claim they had the right of way, dashcam footage can reveal which driver actually ran a red light or failed to yield. Similarly, in rear-end collisions, dashcam recordings can prove whether the leading vehicle stopped suddenly or if the trailing driver was distracted or following too closely. By capturing crucial details such as traffic signals, road conditions, and driver behavior, dashcam footage becomes an indispensable piece of evidence in accident investigations. Legal Considerations of Dashcam Footage in Florida In Florida, dashcam footage is generally admissible in court as long as it meets legal evidentiary requirements. Florida is a two-party consent state for audio recordings, meaning that both parties must consent to being recorded in a private conversation. However, most dashcams only capture video footage or ambient sounds from outside the vehicle, which do not require consent under Florida law. When presenting dashcam footage in legal proceedings, it is essential to ensure the recording has not been tampered with or edited in any way. Courts may scrutinize the authenticity of video evidence, so maintaining the original file with metadata intact is crucial. Additionally, Tallahassee accident lawyers may use dashcam footage in conjunction with other evidence, such as police reports, witness statements, and expert testimony, to build a comprehensive case. Impact on Insurance Claims and Settlements in Tallahassee Dashcam footage plays a vital role in expediting insurance claims and ensuring fair compensation for accident victims. Insurance companies rely on evidence to determine fault and assess liability, and video recordings can provide clear, indisputable proof of what transpired. For instance, if a negligent driver disputes responsibility or provides a misleading statement to the insurance company, dashcam footage can counter false claims and protect the injured party's rights. Additionally, in cases involving hit-and-run accidents, a dashcam may capture the fleeing vehicle’s license plate number, helping law enforcement track down the responsible party. Insurance adjusters often seek to minimize payouts by attributing partial fault to both drivers. Having dashcam footage can help prevent unjust blame from being placed on an innocent driver, leading to a more favorable settlement. As a result, drivers who use dashcams may experience smoother claims processes and increased chances of obtaining fair compensation for their damages. Protecting Against Fraudulent Claims Insurance fraud is a growing concern in the auto industry, with staged accidents and false injury claims costing insurers billions of dollars annually. Tallahassee drivers are not immune to these deceptive practices, and dashcam footage serves as a powerful tool in preventing fraudulent claims. A common type of insurance fraud involves staged rear-end collisions, where a driver suddenly slams on the brakes to cause an accident and... --- - Categories: Car Accidents Florida has several extremely dangerous intersections. While intersections are among the most dangerous areas for drivers in general, certain intersections are known to be much more dangerous than others. Learn more from the Florida personal injury lawyers at Searcy Denney. The Most High-Risk Intersections in Florida What are Florida’s most dangerous intersections? According to various sources, some of the most high-risk intersections for Florida motorists include: North Federal Highway and Sheridan Street in Broward County North Park Road and Sheridan Street in Broward County U. S. Route 19 and Ridge Road in Pasco County U. S. Route 19 and Ulmerton Road in Pinellas County U. S. Route 19 and Washington Street in Pasco County U. S. Route 41 and State Road 70 in Manatee County Southwest 87th Avenue and Bird Road in Miami-Dade County Southwest 97th Avenue and Bird Road in Miami-Dade County Southwest 147th Avenue and North Kendall Drive in Miami-Dade County State Road 7 and Sheridan Street in Broward County State Road 19 and State Road 40 in Marion County State Road 31 and County Road 74 in Charlotte County State Road 33 and Deen Still Road in Polk County State Road 54 and Madison Street in Pasco County University Boulevard and Alafaya Trail in Orange County These are just examples. There are countless intersections across Florida, and many of these intersections have seen multiple crashes in recent years. From heavy traffic to limited visibility and from inadequate signage to poorly timed traffic signals, a variety of issues are to blame. Of course, careless, reckless and aggressive driving are concerns as well, and many intersection accidents are simply the result of drivers making poor decisions behind the wheel. Florida’s Deadliest Roads Several of the intersections listed above are located on Florida’s deadliest roads. Last year, Consumer Affairs published a report on fatal car accidents in Florida since 2020, and it identifies Florida’s 10 deadliest roads as (in order from most deaths to least): U. S. Route 1 Interstate 95 U. S. Route 41 Interstate 75 U. S. Route 27 U. S. Route 19 U. S. Route 441 U. S. Route 98 U. S. Route 90 U. S. Route 17 While Consumer Affairs reports, “U. S. Route 1 holds the top spot for traffic deaths since 2020, with 394 deaths,” it also notes that, “y mile, I-95 ranked first, with 0. 9 deaths per mile since 2020. ” Overall, the 10 roads listed above account for approximately 23 percent of all fatal car accidents statewide. In addition to listing Florida’s deadliest roads, the Consumer Affairs report also identifies the most dangerous road in each county based on the number of accident-related fatalities. In the 10 counties with the most fatal car accidents, the most dangerous roads are (in order from most deaths to least): Pinellas County: U. S. Route 19 Pasco County: U. S. Route 19 Broward County: Interstate 95 Orange County: State Road 50 Brevard County: U. S. Route 1 Hillsborough County: U. S. Route 41 Lee County: U. S. Route 41 Palm Beach County: Interstate 95 Miami-Dade County: U. S. Route 1 Duval County: U. S. Route 90 It isn’t a surprise that several roads appear on all three of these lists. This reflects the fact that many of Florida’s most dangerous roads are home to the state’s most dangerous intersections. While safety improvements are being made in some areas, these roads and intersections remain dangerous, and it is up to drivers to do what they can to keep themselves and their passengers as safe as possible. How Drivers (and Passengers) Can Protect Themselves at Florida’s Most... --- - Categories: Motorcycle Accidents Motorcycle accidents in Florida often result in severe injuries due to the lack of protection riders have compared to other motorists. If you or a loved one has been injured in a motorcycle accident, understanding your rights and the legal process for obtaining compensation is crucial. This guide provides a brief overview of the steps you can take after an accident and how to pursue the compensation you deserve. Understanding Florida Motorcycle Laws Florida’s motorcycle laws are designed to protect riders and others on the road. Key regulations include: Helmet Requirements: Riders under 21 must wear helmets. Those over 21 can forgo a helmet if they have at least $10,000 in medical insurance coverage. Motorcycle Endorsement: Riders must have a valid motorcycle endorsement on their driver’s license. Insurance Requirements: Florida does not mandate Personal Injury Protection (PIP) for motorcyclists but requires liability coverage for at-fault accidents. Awareness of these laws can help protect your rights if you’re involved in an accident. Common Causes of Motorcycle Accidents Motorcycle accidents often occur due to: Distracted Driving: Drivers who are texting, eating, or engaging in other distractions may fail to see motorcyclists. Failure to Yield: Many accidents happen when drivers fail to yield to motorcycles at intersections. Speeding: Excessive speed reduces reaction times and increases the severity of collisions. Lane Splitting: While not legal in Florida, some riders engage in this practice, which can lead to accidents. Driving Under the Influence (DUI): Impaired drivers pose a significant risk to motorcyclists. Identifying the cause of the accident is essential for building a strong legal case. Steps to Take After a Motorcycle Accident If you’re involved in a motorcycle accident, take the following steps to protect your health and legal rights: 1. Seek Medical Attention Your health and safety are the top priorities. Even if you don’t feel injured, some injuries, such as internal bleeding or traumatic brain injuries, may not show immediate symptoms. Obtain a thorough medical evaluation. 2. Document the Scene If possible, take photos or videos of the accident scene, your injuries, and any damage to your motorcycle. These visuals can serve as critical evidence. 3. Gather Information Collect contact and insurance information from the other driver(s) involved. Also, gather contact details from witnesses. 4. Report the Accident File a police report and ensure you obtain a copy. This document is vital for establishing fault and documenting the incident. 5. Contact a Motorcycle Accident Lawyer Consulting an experienced motorcycle accident attorney early ensures that your rights are protected and that you can pursue the maximum compensation possible. Types of Compensation Available In Florida, motorcycle accident victims can pursue compensation for: Economic Damages Medical Expenses: Covers hospital bills, surgeries, medications, rehabilitation, and future medical care. Lost Wages: Compensates for income lost during recovery and diminished earning capacity for permanent injuries. Property Damage: Reimburses the cost of repairing or replacing your motorcycle and other damaged property. Non-Economic Damages Pain and Suffering: Compensates for physical pain and emotional distress caused by the accident. Loss of Enjoyment of Life: Awards for diminished quality of life due to injuries. Loss of Consortium: Compensation for the impact of injuries on your relationship with your spouse or family. Punitive Damages In cases of gross negligence or intentional misconduct (e. g. , DUI), courts may award punitive damages to punish the at-fault party and deter similar behavior. Filing a Motorcycle Accident Claim To pursue compensation, start by following these steps: Step 1: Investigate the Accident Your attorney will gather evidence, including accident reports, medical records, witness statements, and expert testimony, to build a strong case. Step 2: File an Insurance... --- - Categories: Mass Torts, Product Defect, Product Liability When a defective car part causes an accident or injury, the consequences can be devastating. If you or a loved one have suffered due to a faulty automobile part(s), you may have the right to file a product liability claim to recover damages. Below, our product liability attorney discusses how to file a product liability claim for defective car parts in Florida and explains the legal process and how to protect your rights. Understanding Product Liability Claims Product liability law holds manufacturers, distributors, and sellers accountable for defective products that harm consumers. In Florida, product liability claims can be based on one or more of the following legal theories: Design Defects: The product’s design is inherently unsafe, making it dangerous even when used as intended. Manufacturing Defects: An error in the production process causes the product to deviate from its intended design, rendering it unsafe. Failure to Warn: The manufacturer fails to provide adequate warnings or instructions regarding the product’s proper use and potential risks. To succeed in a product liability claim, you must prove that the defective car part caused your injury and that the defect existed when the product left the manufacturer’s control. Common Defective Car Parts Leading to Claims Some car parts are more prone to defects, leading to accidents or injuries. Common examples include: Airbags: Malfunctions such as failure to deploy, unexpected deployment, or excessive force can cause serious injuries. Brakes: Defective brake pads or systems can lead to a loss of stopping power, increasing the risk of accidents. Tires: Manufacturing flaws can cause blowouts or tread separation. Steering Systems: Faulty steering components may result in loss of vehicle control. Fuel Systems: Defects can lead to leaks or fires. Identifying the specific part and defect involved is critical for building a strong claim. Steps to Filing a Product Liability Claim in Florida Step 1: Seek Medical Attention Your health and safety are paramount. Seek immediate medical attention for any injuries sustained in the incident. Medical records documenting your injuries will also serve as critical evidence in your claim. Step 2: Preserve Evidence Preserve the defective car part and any related evidence, such as: The vehicle itself Maintenance records Photos or videos of the accident scene and damaged components This evidence will be crucial in proving the defect and its role in causing your injuries. Step 3: Report the Incident Notify the manufacturer, dealer, or retailer about the defective car part. However, avoid making detailed statements until you’ve consulted an attorney, as your words could be used against you later. Step 4: Consult a Well-Versed Product Liability Attorney Product liability claims are complex and require a thorough understanding of Florida law. An experienced attorney can: Investigate the defect and gather evidence Identify liable parties Navigate procedural requirements and legal deadlines Step 5: File a Claim Once your attorney has built a strong case, they will file a claim with the appropriate parties. This may involve: Sending a demand letter to the manufacturer or insurer Filing a lawsuit if a fair settlement cannot be reached Determining Liability Florida law allows you to hold multiple parties accountable in a product liability claim, including: Manufacturers: For design or manufacturing defects Distributors: For selling defective products Retailers: For offering defective products to consumers Establishing liability often requires expert analysis and thorough investigation. Proving Your Case To prevail in a product liability claim, you must demonstrate the following elements: The Product Was Defective Provide evidence showing that the car part was defective in its design, manufacturing, or marketing. The Defect Caused Your Injuries Establish a direct link between the defect and your... --- - Categories: Car Accidents Florida’s “no-fault” insurance laws provide certain protections, but in the process, they create a lot of confusion. Even worse, the no-fault system can limit your ability to seek compensation after a car accident. To fully understand how Florida’s no-fault insurance system affects an accident claim, it is necessary to look at what the rules require, how they work in practice, and the exceptions they provide for certain types of accident claims. As a legal team with extensive experience helping accident victims recover the compensation they deserve after suffering injuries in auto collisions, truck accidents, slip and fall incidents, animal attacks, and other accident situations, the team at Searcy Denney has considerable first-hand experience in dealing with Florida’s no-fault insurance rules and helping clients overcome the limitations so that they can receive the maximum available damage award. So, let’s take a look at the effects that Florida’s no-fault insurance rules can have on a car accident claim. What is “No-Fault” Insurance? The insurance that is commonly referred to as “no-fault” insurance in Florida is technically known as Personal Injury Protection (PIP) insurance. It covers a certain amount of “necessary and reasonable” medical expenses for the driver and anyone in the vehicle who has been injured in an accident, regardless of who caused it. Florida law requires drivers to carry at least $10,000 in PIP coverage. In theory, this creates a no-fault system where injured drivers and passengers can quickly get the medical care they need without worrying about establishing legal liability and filing a lawsuit because everyone goes to their own insurance company first to file a claim. In reality, however, insurance companies still deny claims, and it is often necessary to file a lawsuit to ensure that accident victims receive the medical care they need. Just because the insurance scheme is referred to as “no-fault” does not mean that no one can be held accountable for the accident. In every accident, the cause can generally be traced to the negligent or reckless actions of one or more people. Those who are found to be responsible for causing an accident can still be held legally liable even in Florida’s no-fault system, but it is necessary to satisfy some requirements first. What Does Personal Injury Protection Insurance Cover? Each PIP policy can vary in coverage, so it is necessary to examine the fine print of a policy to know precisely what is covered and what is not. In general, PIP coverage in Florida will pay 80% of medical costs up to a maximum of $10,000. This could include: Medical exams Surgery Hospital expenses Diagnostic tests Prescription medication Ambulance services Rehabilitation expenses However, the services must be considered “necessary” by the insurance company, and coverage amounts may be much lower if the accident does not result in the need for emergency treatment. You can add coverage for other residents of your household, and you can add coverage that would pay up to 60% of wages lost due to time missed from work due to the accident. PIP insurance will not cover any intangible losses, such as pain and suffering. Moreover, the $10,000 limit in Florida PIP coverage often does not even come close to covering the cost of losses in an accident. Recovery is Often a Two-Stage Process Florida’s no-fault auto insurance scheme can potentially enable accident victims to receive some medical care and compensation for lost wages without the need to wait for a determination of liability. But the $10,000 limit on coverage means that for a severe accident with serious injuries like traumatic brain injuries, the driver’s PIP coverage is going... --- - Categories: Car Accidents Accidents are stressful under any circumstances, but they can become even more complicated when they involve uninsured or underinsured drivers. In Florida, a state known for its high rate of uninsured motorists, understanding how to handle such situations is essential. This brief guide outlines what steps to take after an accident involving an uninsured or underinsured driver and how to protect yourself financially and legally. Understanding the Issue The Problem of Uninsured and Underinsured Drivers in Florida Florida consistently ranks among the states with the highest percentage of uninsured drivers. According to the Insurance Research Council, approximately 20% of drivers in Florida are uninsured, and many more carry only the minimum required insurance, which may not be sufficient to cover all damages in an accident. Minimum Insurance Requirements in Florida Florida law requires drivers to carry: Personal Injury Protection (PIP): Minimum of $10,000 to cover medical expenses and lost wages, regardless of fault. Property Damage Liability (PDL): Minimum of $10,000 to cover damage to another person’s property. However, these minimums do not address bodily injury liability, which can leave victims vulnerable in accidents involving underinsured drivers. The Importance of Uninsured/Underinsured Motorist (UM/UIM) Coverage UM/UIM coverage is optional in Florida but highly recommended. It provides additional protection by covering medical expenses, lost wages, and other damages if the at-fault driver has insufficient or no insurance. Steps to Take After an Accident with an Uninsured or Underinsured Driver 1. Ensure Safety and Call for Help As with any accident, prioritize safety: Check for injuries and call 911 if anyone needs medical attention. Move your vehicle to a safe location, if possible. Activate your hazard lights to warn other drivers. 2. Contact Law Enforcement Florida law requires you to report accidents involving injury, death, or significant property damage. A police report is particularly important in uninsured/underinsured driver cases, as it documents the lack of insurance and establishes the facts of the incident. 3. Exchange Information Even if the other driver lacks insurance, collect their: Name and contact information Driver’s license number Vehicle registration details If there are witnesses, ask for their contact information as well. Witness statements can be crucial in corroborating your account of the accident. 4. Document the Scene Take photos of: Vehicle damage License plates The accident location Any visible injuries Skid marks, road conditions, and nearby traffic signs Also, write down your recollection of the accident, including the time, date, weather conditions, and any relevant observations about the other driver’s behavior, such as signs of distraction or impairment. 5. Notify Your Insurance Company Inform your insurer of the accident as soon as possible. Provide them with all the details, including the police report and photos. If you have UM/UIM coverage, this is the time to utilize it. Be clear and precise when describing the incident to avoid potential misunderstandings that could delay your claim. 6. Seek Medical Attention Even if you don’t feel injured immediately, visit a doctor or hospital to ensure you don’t have hidden injuries like whiplash or internal trauma. Timely medical evaluation strengthens your case and ensures your well-being. 7. Keep All Documentation Maintain a detailed file of all accident-related documents, including: Medical bills and treatment records Repair estimates Correspondence with your insurer Receipts for out-of-pocket expenses These records are critical for substantiating your claim and pursuing compensation. Filing a Claim with Your Insurance Company If the at-fault driver is uninsured or underinsured, your insurance company may cover your damages under your UM/UIM policy. Here’s how the process typically works: Determine Your Coverage Review your policy to confirm you have UM/UIM coverage and understand its limits.... --- - Categories: Personal Injury, Wrongful Death Losing a loved one due to someone else’s negligence or misconduct is one of the most devastating experiences anyone can endure. In Florida, the law provides a pathway for families to seek justice and financial compensation through a wrongful death claim. Below, our Florida personal injury attorney explains the process of filing a wrongful death claim in Florida and how our firm can help you navigate this challenging time. Understanding Wrongful Death in Florida Under the Florida Wrongful Death Act, a wrongful death occurs when a person’s death (i. e. , the decedent) is caused by the wrongful act, negligence, default, or breach of contract or warranty of another. This law’s primary goal is to compensate the decedent’s survivors and estate for the financial and emotional losses they have suffered due to the untimely death. Who Can File a Wrongful Death Claim? In Florida, a wrongful death claim must be filed by the personal representative of the decedent’s estate. This individual is typically named in the decedent’s will or estate plan. If no personal representative is designated, the court will appoint one. The claim is filed on behalf of the decedent’s survivors and estate. Survivors who may recover damages include: The decedent’s spouse Children of the decedent Parents of the decedent Other blood relatives or adoptive siblings who were dependent on the decedent for support or services Types of Compensation in a Wrongful Death Claim Florida law allows for the recovery of various damages by the decedent’s survivors and estate. These include: For Survivors: Loss of Support and Services: The value of the support and services the decedent provided to family members. Loss of Companionship and Protection: Compensation for the emotional loss of the decedent’s presence, often awarded to spouses. Mental Pain and Suffering: Available to the decedent’s immediate family members, such as a spouse, children, or parents. Loss of Parental Guidance: Compensation for minor children who have lost the nurturing and guidance of a parent. For the Estate: Medical and Funeral Expenses: The costs incurred due to the decedent’s fatal injury or illness. Loss of Earnings: The income the decedent would have earned if they had lived a normal life expectancy. Net Accumulations: The potential growth of the decedent’s estate if they had lived. Statute of Limitations Florida law imposes a strict two-year statute of limitations for filing a wrongful death claim, starting from the date of death. Missing this deadline generally results in the claim being barred. Certain exceptions, such as cases involving medical malpractice or fraud, may extend this timeline, but these are rare. Steps to Filing a Wrongful Death Claim Step 1: Gather Evidence Start by collecting relevant evidence to support your claim, such as: Medical records Police or accident reports Eyewitness statements Photos, videos, or surveillance footage Expert opinions (e. g. , medical or accident reconstruction experts) Step 2: Appoint a Personal Representative Ensure that a personal representative is appointed to manage the estate and file the lawsuit. This is an essential legal requirement in Florida. Step 3: Identify Liable Parties Determine who is legally responsible for your loved one’s death. Liability may involve individuals, businesses, or even government entities. Step 4: File the Lawsuit The wrongful death claim is initiated by filing a complaint in the appropriate Florida court. This document outlines the allegations, the legal basis for the claim, and the damages sought. Step 5: Engage in Negotiations Most wrongful death claims are resolved through settlement negotiations. Both sides may work toward an agreement to avoid the costs and uncertainties of a trial. Step 6: Prepare for Trial (if necessary) If negotiations fail,... --- - Categories: Car Accidents Being involved in a car accident can be a stressful and overwhelming experience, especially in a state like Florida, where the roads are frequently busy, and accidents are unfortunately common. Knowing what steps to take after an accident is crucial to ensure your safety, protect your rights, and handle the aftermath effectively. Below, our Florida car accident attorney provides a comprehensive step-by-step approach to navigating the immediate and long-term actions required after a car accident in Florida. Immediate Steps to Take at the Scene The moments immediately following an accident are critical for ensuring safety and setting the stage for a smooth resolution. Here’s what you need to do: 1. Ensure Safety Check for Injuries: Assess yourself and others in your vehicle for injuries. If anyone is seriously hurt, call 911 immediately and avoid moving them unless absolutely necessary to prevent further harm. Move to Safety: If possible and safe to do so, move your vehicle out of traffic to prevent additional accidents. Turn on your hazard lights to alert other drivers. 2. Call the Authorities Florida law requires you to report accidents that result in injury, death, or property damage exceeding $500. Contact the police or local law enforcement to file a report. An official report is often vital for insurance claims and potential legal proceedings. 3. Exchange Information Collect and exchange the following information with all parties involved: Names, addresses, and phone numbers Driver’s license numbers Insurance company names and policy numbers Vehicle registration information (make, model, and license plate number) If there are witnesses, politely ask for their contact information as well. 4. Document the Scene Gather evidence to support your version of events: Photographs: Take clear pictures of the damage to all vehicles, the surrounding area, skid marks, traffic signs, and any visible injuries. Notes: Write down details about the accident, including the time, location, weather conditions, and how the collision occurred. Police Report Details: Note the responding officer’s name, badge number, and report number. 5. Avoid Admitting Fault Be careful with your words when speaking to other drivers, witnesses, and law enforcement. Avoid statements that could be interpreted as admitting fault, such as apologizing or speculating about what caused the accident. Seeking Medical Attention Even if you feel fine after an accident, it is essential to seek medical evaluation. Florida follows a no-fault insurance system, which means your Personal Injury Protection (PIP) coverage pays for medical expenses regardless of who caused the accident. Keep in mind that Florida law requires you to seek medical treatment within a specific amount of time (currently 14 days) in order to access PIP benefits. Why Medical Attention Matters Hidden Injuries: Some injuries, such as whiplash or internal trauma, may not show symptoms immediately. Insurance Claims: Documentation of medical treatment strengthens your insurance claim. Legal Protection: A medical record serves as evidence if you decide to pursue legal action later. Visit a hospital, urgent care, or your primary care physician for a thorough evaluation, and keep all medical records and bills related to your treatment. Reporting the Accident to Your Insurance Company Florida law requires drivers to carry a minimum of $10,000 in PIP coverage and $10,000 in Property Damage Liability (PDL) coverage. Notify your insurance company of the accident as soon as possible, even if you believe the other driver was at fault. What to Provide to Your Insurer When filing your claim, be prepared to share: The police report number Names and contact information of involved parties Photos and documentation from the scene Medical records and treatment details Tips for Communicating with Insurance Companies Stick to the facts... --- - Categories: Personal Injury Personal injury claims are often misunderstood, and misinformation can prevent victims from pursuing the compensation they deserve. Whether you’ve been in a car accident, experienced a slip and fall, or suffered medical malpractice, it’s essential to separate fact from fiction. Our Florida personal injury lawyer is here to debunk the top 10 myths about personal injury claims in Florida, giving you the clarity you need to protect your rights. Myth #1: You Can’t File a Claim Without Serious Injuries Fact: While severe injuries often lead to higher compensation, you can file a personal injury claim for any injury caused by someone else’s negligence. Even seemingly minor injuries, like whiplash or soft tissue damage, can lead to long-term complications and warrant compensation for medical expenses, lost wages, and pain and suffering. Myth #2: Personal Injury Claims Are Just About Money Fact: While compensation is a significant aspect of personal injury claims, the process also serves other purposes. Filing a claim can hold negligent parties accountable and promote safety measures to prevent future incidents. Additionally, pursuing a claim helps victims recover the financial resources needed to rebuild their lives. Myth #3: If You Were Partially at Fault, You Can’t Recover Compensation Fact: Florida follows a modified comparative negligence rule, meaning you can recover compensation even if you were partially at fault. However, your total award will be reduced by your percentage of fault, and your level of fault must be 50% or less. For instance, if you’re found 20% at fault, you’ll still receive 80% of the damages awarded; however, if you’re found to be 60% at fault, you will be ineligible for compensation. There are exceptions, so be sure to discuss the specifics of your case with a qualified personal injury attorney. Myth #4: You Have Unlimited Time to File a Personal Injury Claim Fact: Florida law imposes strict deadlines for filing personal injury claims, known as the statute of limitations. For most personal injury cases, you have two years from the date of the injury to file a claim. In wrongful death cases, the limit is also two years. Missing these deadlines typically bars you from seeking compensation. Myth #5: Insurance Companies Will Offer a Fair Settlement Fact: Insurance companies are businesses aiming to minimize payouts. Their initial settlement offers are often far lower than what victims deserve. Hiring a personal injury attorney ensures that you’ll receive fair representation and a better chance of negotiating a settlement that covers your losses. Myth #6: Personal Injury Claims Are Quick and Easy Fact: The duration of a personal injury claim varies depending on factors like the complexity of the case, the severity of injuries, and the willingness of the opposing party to negotiate. While some claims settle quickly, others may take months or even years, especially if they go to trial. Myth #7: You Don’t Need an Attorney for a Personal Injury Claim Fact: While it’s possible to file a claim without legal representation, doing so can put you at a disadvantage. Personal injury attorneys have the expertise to navigate the legal system, negotiate with insurance companies, and build a strong case to maximize your compensation. Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win. Myth #8: Filing a Personal Injury Claim Is the Same as Filing a Lawsuit Fact: Filing a personal injury claim and filing a lawsuit are not the same. Most personal injury cases start as insurance claims. A lawsuit is only filed if the insurance company refuses to offer a fair settlement. Many cases are resolved without ever going... --- - Categories: Mass Torts If you have a claim against a drug company, automaker or other product manufacturer, asserting your legal rights may involve filing a mass tort claim. In this situation, you may not be the only one who is entitled to financial compensation, and mass tort claims allow multiple plaintiffs to seek justice even when it might not be financially viable to pursue claims on their own. 10 Key Factors for Choosing a Mass Tort Lawyer Mass tort cases are complicated, and there is usually a lot at stake—billions of dollars in some cases. As a result, your choice of legal representation matters. So, what should you look for in a mass tort lawyer? Here are 10 key factors to consider: 1. Experience Handling Mass Tort Lawsuits In mass tort litigation, experience is essential for success. With this in mind, you should not hesitate to ask about a mass tort lawyer’s experience during your free initial consultation. Likewise, the lawyer you choose should not hesitate in providing a clear explanation of why he or she is more than qualified to handle your mass tort claim on your behalf. 2. Experience with Your Specific Type of Mass Tort Claim Beyond experience with mass tort litigation generally, you will also want to choose a lawyer who has experience with your specific type of mass tort claim. Claims involving defective drugs, defective medical devices, defective automotive components and other defective products are all very different. From the medical and engineering principles involved to how the insurance companies handle plaintiffs’ claims, you need a lawyer who has the knowledge and insights required to provide effective legal representation. 3. A Team with Substantial Resources Due to the size and complexity of mass tort cases, you need more than just a lawyer on your side. You need a legal team with the resources required to manage the litigation process and the thousands—if not millions—of documents that will be disclosed during discovery. At Searcy Denney, our mass tort team includes lawyers, paralegals, investigators and other legal professionals, and we have strong professional relationships with subject matter experts in a variety of industries. 4. A Record of Success in Mass Tort Cases While experience is one thing, success is another. You will want to choose a lawyer (and law firm) with a proven record of success in mass tort litigation. This includes success securing both settlements and verdicts for their clients. Although settling is generally the goal, a settlement is not guaranteed, and you need to know that your legal team is prepared to fight for your legal rights in court if necessary. 5. Easy to Contact and Schedule an Appointment If you have a mass tort claim, your situation is challenging enough already. You don’t want to be waiting around to hear back from a law firm and find out if you will get to schedule a free consultation. When you contact a law firm about your legal rights, you should be able to speak with someone promptly, and you should be able to schedule a one-on-one consultation about your claim at a time that is convenient for you. 6. Easy to Understand Your Legal Rights and Options When you sit down for your free initial consultation—whether in person or remotely—you should be able to gather all of the information you need to make informed decisions about your next steps. You should be able to easily understand your legal rights and options, and you should not feel pressured to make a decision right away (unless you are running out of time to file). 7. Easy to Get in Touch... --- - Categories: Mass Torts, Product Defect Dangerous products are far more common than they should be. Despite manufacturers' and retailers’ obligations to avoid putting dangerous products on the market, numerous people suffer serious and fatal injuries caused by defective products every year. These products range from home goods and personal electronics to implantable medical devices and prescription medications. 10 Tips for Mitigating Your Risk of Product-Related Injuries With this in mind, as a consumer or patient, it is important to try to protect yourself—to the extent that you can. Here are 10 tips to mitigate your risk of suffering a product-related injury: 1. Buy from a Reputable Retailer One way you can help protect yourself is by buying from a reputable retailer. While this won’t guarantee that the products you buy are safe, it can be safer than buying from an unknown online business or a new store that might not have effective product screening or quality control procedures. 2. Buy from a Reputable Manufacturer Along with buying from a reputable retailer, it can also be important to make sure you are buying from a reputable manufacturer. In many cases, even retailers that are generally considered to be reputable (including major online retailers like Amazon and Walmart) will allow third-party merchants to sell dangerous, defective or counterfeit products on their platforms. Unreputable manufacturers may misrepresent the quality or contents of their products as well. 3. Read Customer Reviews Reading customer reviews can help you avoid buying a potentially dangerous product in some cases. With that said, it is also important not to rely on customer reviews exclusively. Even if a product has received mostly high ratings, it may be that no one has yet discovered a hidden issue, or it may be that the manufacturer has paid for its positive reviews. 4. Check for Recalls Another way you can help protect yourself (and your loved ones) is by checking for recalls—which you can do on Recalls. gov. Keep in mind, however, that this also is not foolproof. In many cases, companies don’t issue recalls until their products start causing harm; and, in some cases, companies fight to avoid issuing recalls for their dangerous products for as long as possible. 5. Check for Consumer Alerts and Notices Even if a product hasn’t been recalled, it may still be subject to a consumer alert or notice. Multiple government agencies issue product-related warnings on a regular basis. A general search for the name of the product might (or might not) produce a link to any relevant alerts or notices; or, if you have concerns, you can search the relevant agency’s website for information about the product in question. Here are some links you may find useful: Consumer Product Safety Commission (CPSC) – Consumer Products National Highway Traffic Safety Administration (NHTSA) – Vehicles and Vehicle Components U. S. Coast Guard (USCG) – Boats and Other Marine Products U. S. Food and Drug Administration (FDA) – Foods, Medications, Medical Devices and Cosmetics U. S. Department of Agriculture (USDA) – Foods and Agricultural Products U. S. Environmental Protection Agency (EPA) – Pesticides, Herbicides and Other Potential Sources of Contamination 6. Err on the Side of Caution Any time you have concerns about a product’s safety, it is best to err on the side of caution. Do your research; and, if you can’t find enough information to feel confident using the product, use an alternative instead. There are more than enough products out there; and, in most cases, there will be multiple alternatives available. 7. Make Sure You Know How the Product Works (or Know Its Ingredients) When using products like tools, appliances,... --- - Categories: Mass Torts When you take a medication your doctor prescribes, the last thing you expect is for it to do more harm than good. But, unfortunately, medications are not always as safe as they should be. In fact, some medications have been linked to serious health risks—including the risk of cancer. Why do some medications cause cancer? Why do some pharmaceutical companies sell cancer-causing drugs? These are both important questions that have complicated answers. Ultimately, however, if you or a loved one has been diagnosed with cancer linked to a medication, the most important thing to know is that you can—and should talk to a defective drug lawyer about your legal rights. Why Do Some Medications Cause Cancer? There are three main reasons why a medication might cause cancer. In most cases, a medication can present a cancer risk if: (i) the medication is manufactured with a cancer-causing substance; (ii) the medication is contaminated during the manufacturing or packaging process; or (iii) the medication develops carcinogenic properties as it sits on the shelf. 1. Medications Manufactured with Cancer-Causing Substances Several chemicals and compounds are known to be either carcinogenic to humans or possibly carcinogenic to humans. But, scientists are also continuing to discover new potential sources of cancer on a regular basis. Both known and unknown carcinogens can—and do—find their way into all types of medications. In some cases, pharmaceutical companies may determine that a drug’s cancer risk is outweighed by the benefits it can provide. In other cases, they may be driven by the desire to profit from a novel drug, and they may be willing to accept the risk of facing recalls and lawsuits because selling the drug will still be profitable in the end. In others still, drug companies may be entirely unaware—due to inadequate testing or for other reasons—that their drugs have the potential to cause cancer in the patients who take them. 2. Contamination of Medications Resulting in Cancer Risk Contamination can also be the reason for medication-related cancer risks in some cases. For example, last year Merck & Co. issued a recall for its Januvia and Janumet diabetes medications after studies found that batches of the drugs were contaminated with nitrosamines. According to the Encyclopedia of Toxicology (Fourth Edition), “itrosamines are considered to be strong carcinogens that may produce cancer in diverse organs and tissues including lung, brain, liver, kidney, bladder, stomach, esophagus, and nasal sinus. ” Contamination can occur during the manufacturing process, during the packaging process, or while medications are in transit or in storage. In this particular case, the contamination reportedly occurred during both manufacturing and storage. However, there are countless other examples, and contamination is a very real concern for patients who take all types of prescription drugs. 3. Developing Carcinogenic Properties on Pharmacy Shelves (or in Patients’ Bodies) A few years ago, the UConn School of Pharmacy published an article titled, How Some Drugs Can Turn Into a Cancer-Causing Chemical in the Body. In the article, the author writes: “ver the past few years the FDA has found excessive amounts of NDMA in several drugs for hypertension, diabetes and heartburn. As a result, the agency has initiated recalls to protect the public. These products were contaminated with NDMA during the manufacturing process... . Unfortunately for the buying public, emerging evidence suggests that NDMA can also be created as some pills sit on the store shelf or medicine cabinet, or even after the patient swallows it. ” NDMA, or N-nitrosodimethylamine, is classified as “reasonably anticipated to be a human carcinogen. ” As the U. S. Centers for Disease Control and Prevention (CDC)... --- - Categories: Car Accidents, Personal Injury, Trucking Accidents Advancements in technology are revolutionizing the way legal cases are presented in Florida's courtrooms, particularly in personal injury and accident-related claims. One of the most powerful tools emerging in this field is virtual reality (VR) for accident reconstruction. This high-tech approach is transforming how Florida personal injury attorneys, judges, juries, and insurance companies understand the circumstances and consequences of motor vehicle accidents. Accident reconstruction has traditionally relied on photographs, witness testimony, diagrams, and expert opinions. While these methods are valuable, they often leave gaps in understanding complex accident dynamics. Virtual reality fills these gaps by creating immersive, three-dimensional simulations that can vividly recreate how an accident unfolded. Below, our personal injury attorney explores how VR is being used in Florida’s legal system, its benefits, the science behind it, and how it can make a significant difference in personal injury cases. What is Virtual Reality in Accident Reconstruction? Virtual reality is a technology that immerses users in a simulated environment through the use of VR headsets and specialized software. In accident reconstruction, VR takes data from an accident—such as vehicle positions, road conditions, speed, weather, and impact points—and recreates it in a fully immersive, 3D environment. Instead of looking at static images or diagrams, users can virtually “stand” at the scene of the accident, observe it from various angles, and even experience it in real-time motion. Key Components of VR Accident Reconstruction: Data Collection: Measurements, photographs, videos, police reports, witness testimony, and forensic analyses are gathered. 3D Modeling: This data is converted into three-dimensional models of vehicles, people, and the accident environment. Simulation Software: Specialized software simulates the movements, speeds, and interactions that led to the accident. Immersive Presentation: Using VR headsets, viewers can immerse themselves in the reconstruction and see the accident from multiple perspectives. How Virtual Reality May Be Used in Florida Legal Cases Personal Injury Cases In Florida, personal injury claims resulting from car, truck, or motorcycle accidents rely heavily on establishing fault and demonstrating the extent of damages. VR can recreate the exact sequence of events to help juries visualize what happened and determine who was at fault. For example, if a driver was speeding through an intersection and collided with another vehicle, VR can show the precise moment of impact, the speeds involved, and the driver’s field of vision. This can clarify whether the driver had time to stop or react. Wrongful Death Claims In wrongful death cases, VR can help reconstruct the circumstances that led to the fatal accident. By presenting a clear and immersive depiction of what occurred, VR can provide compelling evidence that supports the claims of surviving family members. Insurance Disputes Insurance companies often dispute liability and the extent of damages. VR can provide an unbiased reconstruction of the accident, making it harder for insurers to deny valid claims. It also helps in out-of-court settlements, as the visual impact of a VR simulation can encourage insurers to settle rather than risk a trial. 5 Benefits of Using VR in Accident Reconstruction 1. Enhanced Visualization One of the most significant advantages of VR is its ability to create vivid and lifelike representations of accidents. Unlike photographs or diagrams, VR places viewers directly in the scene, helping them see and understand complex accident dynamics. 2. Improved Jury Understanding Juries often struggle to grasp the intricacies of an accident based solely on technical reports and static images. VR simplifies this by allowing jurors to experience the event firsthand, leading to clearer comprehension and better-informed decisions. 3. Accurate and Objective Evidence VR reconstructions are based on real data and scientific principles, making them reliable and difficult... --- - Categories: Car Accidents Florida's booming real estate market has been one of the most prominent success stories of the last few decades. With its favorable climate, no state income tax, and continued urban growth, the Sunshine State continues to attract thousands of new residents each year. However, this rapid real estate development is reshaping more than just the skyline and suburban neighborhoods — it’s profoundly impacting traffic patterns, congestion, and road safety across the state. In this blog, we’ll explore how increased real estate development contributes to Florida's traffic and accident rates and what potential solutions might alleviate these growing pains. The Rapid Growth of Florida’s Real Estate Market Florida has long been a desirable destination, but in recent years, it has seen an unprecedented spike in population and development. According to the U. S. Census Bureau, Florida gained over 400,000 new residents in 2023 alone, making it the fastest-growing state in the country. Cities like Miami, Orlando, Tampa, and Jacksonville have seen massive influxes of new residents while suburban communities continue to expand outward. Developers are racing to meet demand, with new residential, commercial, and mixed-use projects springing up throughout the state. From high-rise condos in Miami to sprawling gated communities in Orlando's suburbs, the landscape is evolving rapidly. While these developments boost the economy and provide housing solutions, they also strain existing infrastructure, particularly the road networks. Increased Congestion: The Traffic Dilemma One of the immediate consequences of real estate development is increased traffic congestion -- and with increased congestion comes more potential for accidents, unfortunately. As new communities are built, the number of vehicles on Florida’s roads naturally rises. Unfortunately, infrastructure development often lags behind real estate growth. Many roads, highways, and intersections were designed decades ago when traffic volumes were significantly lower. In areas like Miami-Dade, Orlando, and Tampa Bay, traffic congestion is worsening. According to the 2023 Inrix Global Traffic Scorecard, Miami drivers spent an average of 105 hours stuck in traffic in 2022, making it one of the most congested cities in the U. S. Similarly, Tampa and Orlando have seen marked increases in traffic delays due to suburban sprawl and new housing developments. New real estate projects often increase “last mile” traffic as well. This term refers to the short trips residents take between homes, schools, stores, and recreational areas within their communities. As more people settle into newly developed areas, this type of local traffic clogs up roads that weren’t built to handle such high volumes. Suburban Sprawl and Longer Commutes Much of Florida's real estate boom is taking place in suburban and exurban areas. Communities are expanding into previously undeveloped land, pushing further from city centers. While these new developments offer affordable housing and attractive amenities, they often come at the cost of longer commutes. For example, residents of new developments in areas like Kissimmee (near Orlando) or Wesley Chapel (near Tampa) often face lengthy commutes on major highways like I-4 or I-75. These highways were already prone to congestion, and the influx of suburban traffic exacerbates the issue. Longer commutes mean more time on the road, which also increases the likelihood of accidents. Rush-hour traffic, combined with fatigued drivers, leads to risky driving behaviors such as aggressive lane-changing, speeding, and distracted driving, all of which contribute to Florida’s rising accident rates. Rising Accident Rates and Road Safety Concerns As traffic congestion increases, so does the number of traffic accidents. Florida has consistently ranked among the states with the highest number of car accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2022, the state recorded over 390,000 traffic... --- - Categories: Personal Injury Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic environments, the role of toxicology in accident investigations is critical when drugs or alcohol are suspected. Understanding the intricacies of toxicology, the testing process and the legal implications helps ensure that justice and safety remain priorities. Understanding Toxicology in Accident Investigations Toxicology is the scientific study of how chemicals affect living organisms. In the context of accident investigations, toxicology focuses on identifying the presence of drugs, alcohol, or other substances in a person’s system and understanding how these substances may have impaired their ability to drive, operate machinery, or otherwise function safely. When an accident occurs in Florida, particularly one that results in serious injury or death, law enforcement agencies are trained to recognize signs of impairment. If impairment is suspected, a toxicological investigation is initiated to determine whether substances contributed to the accident. Why Toxicology Matters Substances like alcohol, prescription drugs, and illegal drugs can impair judgment, coordination, and reaction times. Impaired driving or operation of a vessel is a major cause of accidents, injuries, and fatalities. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), alcohol-related crashes result in hundreds of deaths and thousands of injuries each year. Toxicology provides concrete evidence to support or refute suspicions of impairment. This evidence is crucial for law enforcement, insurance claims, and legal proceedings. Without it, determining liability and pursuing justice becomes more challenging. When Toxicology Testing is Initiated in Florida Toxicology testing is typically initiated under the following circumstances: Serious Injuries or Fatalities: If an accident causes significant injuries or death, Florida law requires toxicology tests for all drivers or operators involved. DUI Suspicions: If a law enforcement officer observes signs of impairment, such as erratic driving, slurred speech, or the smell of alcohol, they can request toxicology tests to confirm impairment. Commercial and Maritime Accidents: In Florida, boating and commercial vehicle accidents often require immediate toxicology testing due to strict federal and state regulations governing operators. Legal Basis for Toxicology Testing Under Florida’s “implied consent” law, any person who operates a motor vehicle in the state has consented to submit to blood, breath, or urine tests if they are lawfully arrested for suspicion of driving under the influence (DUI). Refusing to submit to these tests can result in immediate penalties, including driver’s license suspension. For boating accidents, similar rules apply under Florida Statute 327. 352. Refusal to undergo testing during a boating accident investigation can also result in penalties and potential liability. The Toxicology Testing Process Types of Toxicology Tests Breath Tests: The most common test for alcohol impairment is the breathalyzer. This device measures the concentration of alcohol in a person’s breath to estimate blood alcohol content (BAC). In Florida, a BAC of 0. 08% or higher is considered legally impaired. Blood Tests: Blood tests are used when breath testing is impractical (e. g. , after serious accidents or injuries). Blood samples provide accurate measurements of drugs and alcohol and are often used to detect substances other than alcohol, including prescription medications and illegal drugs. Urine Tests: Urine testing can detect the presence of drugs or alcohol metabolites, though it is less accurate for determining immediate impairment. Urine tests are typically used when drug impairment is suspected. Collection and Chain of Custody In Florida, toxicology testing follows strict protocols to ensure accuracy and legal admissibility: Collection: Blood and urine samples are collected by medical professionals or certified technicians. Chain of Custody: A documented chain of custody ensures that samples are handled... --- - Categories: Personal Injury Florida’s rich and diverse ecosystems are home to a wide range of wildlife, from deer and raccoons to alligators and bears. While this diversity is one of the state’s most cherished assets, it also poses a unique challenge for drivers. Collisions involving animals are surprisingly common in Florida, especially on rural roads, highways near natural preserves, and during specific seasons when wildlife is more active. Knowing how to handle such situations is crucial for your safety, legal protection, and responsible coexistence with Florida’s wildlife. This brief guide will help you understand the risks, what steps to take if an animal causes an accident, and how to navigate the legal and insurance processes that follow. Why Florida Drivers Are at Higher Risk of Animal-Related Accidents Florida's diverse geography includes wetlands, forests, and coastal plains, which are natural habitats for many wildlife species. Common animals that pose risks to drivers in Florida include: White-Tailed Deer: Especially active during dawn, dusk, and mating season (October to December). Alligators: Found near water bodies, they sometimes cross roads, particularly during warmer months. Wild Hogs: Present a significant danger due to their size and tendency to travel in groups. Black Bears: Found in rural and forested areas, especially in Central Florida and the Panhandle. Birds and Reptiles: Smaller animals like turtles and birds can also cause drivers to swerve or stop suddenly, leading to accidents. Due to these factors, Florida drivers must be particularly vigilant when traveling through wildlife-prone areas. Steps to Take If You Hit an Animal or an Animal Causes an Accident Collisions involving animals can be startling and dangerous. Here are the essential steps to follow if you find yourself in this situation: 1. Prioritize Safety Check for Injuries: Immediately assess yourself and any passengers for injuries. If anyone is hurt, call 911 right away. Move to a Safe Location: If possible, pull over to the side of the road or a safe area away from traffic. Turn on your hazard lights to alert other drivers. Stay in Your Vehicle: If you hit a large animal like a deer or bear, remain in your vehicle. Injured animals can be unpredictable and dangerous. 2. Call Law Enforcement Report the Accident: Contact local law enforcement or the Florida Highway Patrol to report the accident, especially if there are injuries, significant damage, or the animal is blocking traffic. File an Official Report: A police report can serve as important documentation for insurance claims and potential legal matters. 3. Document the Scene Thorough documentation can help with insurance claims and any necessary legal proceedings. Take Photos and Videos: Capture images of: The damage to your vehicle The animal involved (if safe to do so) Skid marks, road conditions, and surroundings Note the Location and Time: Record the exact location (road name, mile marker, nearby landmarks) and the time of the accident. Collect Witness Information: If there were any witnesses, get their contact information and statements. 4. Do Not Approach Injured Wildlife Avoid Touching or Moving the Animal: Injured animals can be aggressive or carry diseases. Call Wildlife Authorities: Contact the Florida Fish and Wildlife Conservation Commission (FWC) at 888-404-FWCC (3922) to report the animal and request assistance. 5. Seek Medical Attention Get Checked for Injuries: Even if you feel fine, it’s a good idea to seek medical attention. Some injuries may not be immediately apparent due to adrenaline. Dealing with Insurance After an Animal-Related Accident Understanding how insurance applies to animal-related accidents can help you navigate the claims process more smoothly. Comprehensive Insurance Coverage What It Covers: Comprehensive insurance typically covers damage caused by hitting an animal... --- - Categories: Car Accidents, Trucking Accidents Technology is transforming nearly every aspect of our lives, and the world of auto accident cases in Florida is no exception. From the moment an accident occurs to the courtroom battles that follow, modern technology plays a pivotal role in determining fault, assessing damages, and ensuring justice. Tools like dash cams, black boxes, and other advanced devices provide crucial evidence that can make or break a case. In this blog, our accident lawyer takes a closer look at how these technologies are changing the landscape of auto accident cases in Florida and why understanding them is essential for drivers and legal professionals alike. 1. Dash Cams: The Witness That Never Blinks Dash cams, or dashboard cameras, have become increasingly popular among Florida drivers. These small devices continuously record the road ahead (and sometimes behind), capturing real-time footage of the driver’s journey. In the event of an accident, dash cams can provide invaluable evidence. How Dash Cams Help in Auto Accident Cases Proving Fault: Dash cam footage can clearly show which driver violated traffic laws, such as running a red light or failing to yield. Capturing Road Conditions: Footage can document poor road conditions, such as potholes or construction zones, that may have contributed to an accident. Combating Fraud: In cases of staged accidents, where a driver deliberately causes a collision to claim insurance money, dash cams provide undeniable proof of what happened. Limitations of Dash Cams While dash cams are a powerful tool, they are not without limitations. For example: Florida law requires consent when recording audio, so if the dash cam captures conversations inside the vehicle, the footage may be inadmissible in court without proper consent. The camera’s field of view is limited and may not capture critical events outside its range. 2. Black Boxes: The Digital Witness in Every Car Most modern vehicles are equipped with Event Data Recorders (EDRs), commonly referred to as black boxes. These devices collect data about the vehicle’s performance and driver behavior in the moments leading up to and during a collision. What Black Boxes Record Speed: How fast the vehicle was traveling. Braking: Whether the brakes were applied and how forcefully. Seatbelt Usage: Whether seatbelts were engaged at the time of the crash. Airbag Deployment: When and how airbags were deployed. How Black Boxes Impact Auto Accident Cases Black box data provides an objective account of what happened during an accident. In Florida, this data is often used to: Establish Fault: For instance, if a driver was speeding at the time of the collision. Disprove Claims: A driver who claims they braked before impact may have their statement contradicted by black box data showing no brake application. Support Expert Testimony: Accident reconstruction specialists use black box data to create a precise timeline of events. Legal Considerations for Black Boxes Accessing black box data often requires the owner’s consent or a court order, as it is considered private property. In Florida, attorneys frequently request this data during the discovery phase of litigation. 3. GPS and Telematics: Tracking the Journey Many vehicles, especially commercial trucks and rideshare vehicles, are equipped with GPS and telematics systems. These technologies provide detailed information about a vehicle’s location, speed, and route. How GPS and Telematics Influence Cases Tracking Movement: GPS data can confirm whether a vehicle was speeding, stopped at an intersection, or veered off course. Verifying Claims: In hit-and-run cases, GPS can verify whether the accused vehicle was in the area at the time of the incident. Assessing Compliance: For commercial vehicles, telematics can reveal whether drivers complied with regulations, such as mandatory rest periods. Privacy Concerns... --- - Categories: Car Accidents, Trucking Accidents Florida is one of the fastest-growing states in the United States, with a booming population, expanding urban areas, and significant infrastructure projects constantly underway. While construction zones are essential for building and maintaining the state’s roadways, they also pose unique risks for car and truck accidents. Navigating through these zones often involves reduced speed limits, narrowed lanes, and unpredictable traffic patterns, creating hazardous conditions for drivers. Below, our Florida truck accident attorney discusses the impact of construction zones on car and truck accidents in Florida, the factors contributing to these incidents, and how drivers can navigate construction zones safely. Why Construction Zones Are a Hotspot for Accidents Construction zones, while necessary for infrastructure improvement, often become accident hotspots for several reasons: 1. Sudden Changes in Traffic Patterns In construction zones, traffic lanes are often redirected or reduced in width. These sudden changes can confuse drivers, especially those unfamiliar with the area. Unexpected lane shifts or closures can result in sideswipe collisions or rear-end crashes. 2. Reduced Speeds and Sudden Stops Speed limits in construction zones are typically reduced to protect workers and accommodate altered traffic patterns. However, not all drivers adhere to these limits, leading to collisions when vehicles stop suddenly or travel at inconsistent speeds. 3. Narrowed Lanes Narrowed lanes in construction zones leave little room for error, particularly for large commercial trucks. Oversized vehicles may struggle to navigate through these tight spaces, increasing the likelihood of sideswipes or run-off-the-road accidents. 4. Poor Visibility Construction zones often have reduced lighting, temporary signage, and obstructed views due to equipment or barriers. These conditions make it difficult for drivers to see hazards or respond quickly. 5. Distracted Driving Drivers who are not paying attention to the road may fail to notice sudden changes in traffic patterns or hazards like construction workers or equipment. Distracted driving is particularly dangerous in construction zones, where conditions require heightened awareness. The Unique Risks of Truck Accidents in Construction Zones Trucks present additional challenges in construction zones due to their size, weight, and limited maneuverability. Florida’s status as a transportation hub means that commercial trucks frequently travel through construction-heavy areas, increasing the risk of accidents. 1. Inadequate Stopping Distance Trucks require significantly more distance to stop than passenger vehicles. In construction zones, where sudden stops are common, trucks may not have enough space to avoid a collision. 2. Difficulty Navigating Tight Spaces Construction zones often include narrowed lanes and sharp curves, which are difficult for large trucks to navigate. Oversized loads or improperly secured cargo can exacerbate these challenges. 3. Increased Risk of Rollovers The combination of sharp turns, uneven surfaces, and sudden stops increases the risk of truck rollovers in construction zones. These accidents can result in severe damage and injuries to multiple vehicles. 4. Worker and Equipment Hazards Construction zones are often populated with workers and heavy equipment. A truck’s inability to maneuver quickly can result in devastating accidents involving construction personnel or machinery. Statistics on Construction Zone Accidents in Florida Data from the Federal Highway Administration (FHWA) and the Florida Department of Transportation (FDOT) highlights the prevalence of construction zone accidents: Nationally, work zones account for about 2% of all roadway fatalities but represent a disproportionately high number of severe injuries and fatalities. In Florida, construction zones are a common site of accidents due to the state’s year-round roadwork and heavy traffic. Fatalities in these zones often involve both drivers and construction workers. These statistics underscore the importance of understanding and mitigating risks in construction zones. Common Types of Accidents in Construction Zones Several types of accidents are more likely to occur in... --- - Categories: Trucking Accidents Truck accidents are among the most devastating and complex types of motor vehicle collisions. Due to the size and weight of commercial trucks, these accidents often result in severe injuries, fatalities, and significant property damage. Florida, as a major transportation hub with a dense highway network, faces unique challenges in investigating truck accidents. From the complexities of federal and state regulations to the role of weather and tourism, understanding the nuances of these investigations is crucial for victims, their families, and legal professionals. Below, our truck accident attorney takes a behind-the-scenes look at the unique aspects of truck accident investigations in Florida and explores how attorneys, investigators, and experts work together to uncover the truth. 1. Florida’s Role as a Transportation Hub Florida’s geographical location and economy make it a major hub for truck traffic. The state is home to multiple ports, including the Port of Miami and Port Tampa Bay, which are critical for importing and exporting goods. Interstate highways like I-95, I-75, and I-10 serve as vital trucking routes, connecting Florida to the rest of the country. This heavy truck traffic increases the likelihood of accidents. Investigators often face the challenge of determining whether the truck driver’s actions, the trucking company’s policies, or external factors like overloaded cargo contributed to the crash. Behind the Scenes: Investigating Heavy Traffic Areas Investigators analyze traffic patterns, congestion, and local crash data to identify contributing factors. Surveillance footage from toll booths, highways, and intersections often provides critical evidence. 2. Complex Federal and State Regulations Truck accident investigations in Florida must navigate a web of federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets strict guidelines on driver hours of service, vehicle maintenance, and cargo securement. Additionally, Florida imposes its own state-specific trucking laws, such as weight restrictions and roadway limitations. Behind the Scenes: Regulatory Compliance Investigators review logbooks, black box data (Electronic Logging Devices), and maintenance records to check for violations of FMCSA or Florida state laws. Legal teams may subpoena trucking companies for documents to determine if they complied with safety regulations. Challenges arise when companies attempt to falsify records or withhold information, requiring experienced attorneys to uncover the truth. 3. Florida’s Weather and Road Conditions Florida’s tropical climate and unique weather patterns play a significant role in truck accidents. Heavy rain, flooding, and hurricanes can create hazardous driving conditions. Additionally, Florida’s flat terrain and long stretches of highway can contribute to driver fatigue and high-speed crashes. Behind the Scenes: Weather Impact Analysis Accident reconstruction experts often analyze weather conditions at the time of the crash, using meteorological data to determine if rain, wind, or visibility issues were factors. Investigators also evaluate road conditions, such as flooding, potholes, or inadequate signage, to determine whether state or local agencies may share liability. 4. High Tourism and Population Growth Florida’s booming tourism industry and rapid population growth add layers of complexity to truck accident investigations. Tourists unfamiliar with Florida’s roads and traffic patterns can increase the likelihood of accidents, especially in high-density areas like Orlando, Miami, and Tampa. Additionally, the state’s growing population means more vehicles sharing the road with commercial trucks. Behind the Scenes: Identifying Contributing Factors Investigators often analyze the behavior of other drivers involved in the accident. For instance, sudden lane changes or stops by passenger vehicles may trigger a chain-reaction collision. The involvement of multiple parties, including tourists and local drivers, can complicate liability determination. 5. The Role of Trucking Companies and Insurance Providers Trucking companies and their insurers play a significant role in truck accident investigations. These companies often have dedicated legal teams and accident... --- - Categories: Car Accidents Night driving can be a uniquely serene experience, with quieter roads and cooler temperatures in Florida’s tropical climate. However, it also comes with significant risks that make it one of the most dangerous times to be on the road. According to the National Highway Traffic Safety Administration (NHTSA), nearly half of all traffic fatalities occur at night, even though there’s less traffic compared to daytime hours. In Florida, where tourism, late-night social activities, and diverse roadways contribute to heavy road use after dark, the risks of night driving are amplified. Our accident lawyer explores why night driving is more hazardous, the specific challenges in Florida, and actionable tips to ensure your safety on the road after sunset. Why Night Driving Is More Dangerous Driving at night is inherently more dangerous for several reasons: 1. Reduced Visibility At night, your ability to see hazards, road signs, and other vehicles is significantly diminished. Low light conditions make it harder to judge distances and react to unexpected obstacles, such as debris or animals crossing the road. 2. Increased Fatigue Many drivers take to the road after a long day, making fatigue a common issue at night. Fatigue slows reaction times, impairs judgment, and increases the risk of falling asleep behind the wheel. 3. Impaired Drivers Driving at night means a greater likelihood of encountering impaired drivers, whether due to alcohol, drugs, or drowsiness. In Florida, where nightlife and tourism are prevalent, the risk of encountering impaired drivers is even higher. 4. Glare from Headlights Oncoming headlights can cause temporary blindness or discomfort, especially if a driver is already fatigued or has uncorrected vision issues. This glare can make it difficult to focus on the road. 5. Increased Wildlife Activity Many animals, such as deer, raccoons, and opossums, are more active at night. In Florida, areas near natural preserves or rural roads are especially prone to wildlife crossings, increasing the risk of accidents. Challenges of Night Driving in Florida Florida’s unique characteristics add to the dangers of driving at night: 1. Tourist Traffic With major attractions like Walt Disney World, Miami nightlife, and beachfront destinations, Florida roads see a mix of local and tourist drivers. Unfamiliarity with local roads can cause tourists to make sudden stops, erratic turns, or lane changes. 2. Poorly Lit Roads While Florida’s major highways are typically well-lit, many rural or residential roads lack adequate lighting. This can make navigating these areas particularly dangerous after dark. 3. Adverse Weather Conditions Florida is known for its unpredictable weather, including rainstorms and fog, which can reduce visibility and make roads slick. Driving at night during a storm can compound these risks. 4. Pedestrian and Cyclist Activity Many Floridians and tourists enjoy the outdoors late into the evening, leading to increased pedestrian and cyclist activity, especially near coastal areas. Poor lighting and dark clothing can make them harder to spot. How to Drive Safely at Night Despite the challenges, there are several strategies you can employ to minimize risks and stay safe while driving at night in Florida: 1. Improve Visibility Clean Your Windshield and Mirrors: A dirty windshield or mirror can scatter light, causing glare and reducing visibility. Check Your Headlights: Ensure your headlights are clean and functioning properly. Consider upgrading to brighter, high-intensity discharge (HID) or LED bulbs if your vehicle allows. Use High Beams When Appropriate: On rural or poorly lit roads, high beams can improve visibility, but be sure to dim them when approaching other vehicles to avoid blinding other drivers. 2. Manage Speed and Distance Slow Down: Reduced visibility means less time to react to hazards. Adjust your... --- - Categories: Defective Drugs, Mass Torts Many prescription drugs have side effects. In fact, drug companies frequently include a list of side effects on their drugs’ labels and packaging (not because they want to, but because they are required to do so under federal law). Patients should read these lists carefully, and they should make an informed decision about whether the risk of experiencing side effects is outweighed by the benefits of taking the drug. But, side effects aren’t the only risks that many prescription drugs present. Along with side effects, prescription drugs frequently present risks for other adverse consequences as well. While these adverse consequences are relatively rare (in most cases), they can have drastic consequences for the patients who experience them. Additionally, since drug companies often heavily promote their drugs to healthcare providers and patients, even if only a small percentage of patients experience a negative outcome, this can still mean that thousands—if not tens of thousands—of people suffer adverse consequences for which they received no prior warning. Side Effects vs. Complications from Dangerous Prescription Drugs Generally speaking, side effects from prescription drugs are classified as “mild,” and the U. S. Food and Drug Administration (FDA) allows drug companies to market medications with known side effects as long as they disclose them properly. When drug companies properly disclose side effects, experiencing these side effects generally won’t provide patients with grounds to seek just compensation. However, there is a big difference between disclosed side effects and undisclosed health risks. In recent years, we have seen (and been involved in) litigation involving numerous types of undisclosed health risks associated with prescription drugs. In many cases, these risks have nothing to do with the reason why the drug is prescribed. There have been recent cases of: Chemotherapy drugs causing vision loss; Thyroid eye disease (TED) drugs causing hearing loss; Blood pressure medications causing cancer; and, Diabetes and weight loss drugs causing non-arteritic anterior ischemic optic neuropathy (NAION). This is just a small sampling of numerous recent mass tort cases filed by patients across the United States against drug companies in the U. S. and abroad. With this in mind, as a patient, it is important to be aware of the side effects of any prescription drugs you are taking. However, it is also important to pay attention to any other unexpected symptoms you experience after starting treatment with a prescription drug. If your symptoms don’t align with one of the drug’s disclosed side effects, this could be a sign that you need treatment for a different (and potentially more serious) medical complication. What To Do if You (or a Loved One) Experiences Side Effects or Other Complications from a Prescription Drug With this in mind, what should you do if you (or a loved one) experience side effects or other complications from a prescription drug? As soon as possible, you should: Seek Medical Treatment – Any time you have concerns about a side effect or other potential medical complication, you should seek medical treatment promptly. After performing the necessary tests, your doctor should be able to tell you if you are dealing with a mild side effect that is likely to go away on its own or something more serious. Follow Your (or Your Loved One’s) Doctor’s Advice – If your (or your loved one’s) doctor says that medical intervention is necessary, you should follow his or her advice. Now is not the time to take chances. If you have questions, you can seek a second opinion, but you should not simply ignore a doctor’s concerns about a potential drug-related complication. Keep Your Records – Complications from... --- - Categories: Defective Drugs, Mass Torts Each year, drug companies recall numerous drugs that they have marketed to patients and healthcare providers in the United States. These recalls come despite drug companies’ obligations to thoroughly test new drugs before bringing them to market and despite the U. S. Food and Drug Administration’s (FDA) role in approving drugs and protecting patient safety. If a drug that you’ve taken has been recalled, it will be important for you to make sure you know what this means for your health. It will also be important for you to make sure you know what this means for your legal rights. Patients who have been harmed by defective drugs are entitled to just compensation, and if you have a defective drug claim, you will want to make sure you do what is necessary to recover the compensation you deserve. What To Do if a Drug You Are Taking Has Been Recalled With this in mind, what should you do if a drug you are taking has been recalled? Here are some important tips from the defective drug lawyers at Searcy Denney: 1. Read the Recall Notice Carefully First, you should read the recall notice carefully. Drug recall notices contain (or should contain) several key pieces of information, and, at this stage, you need to try to learn as much as possible. Some of the most important details to look for include: Is the Drug Being Pulled from Healthcare Providers’ and Pharmacies’ Shelves Immediately? Sometimes, drug recalls result in the recalled drugs being pulled from healthcare providers’ and pharmacies’ shelves immediately. These are typically more serious recalls, and this may be an indication that you should stop taking the drug. Is the Drug Being Pulled from Healthcare Providers’ and Pharmacies’ Shelves At All? Some recalls are classified as “market withdrawals,” which typically means that they involve “a minor violation that would not be subject to legal action by the FDA. ” In this scenario, it may or may not be necessary to stop taking the drug immediately. Does the Recall Involve a “Correction” Other Than Physical Removal? While most people think of a “recall” as involving the removal of a dangerous drug from the marketplace, this isn’t always the case. Some recalls involve “corrections,” such as modifying the drug’s warning labels or instructions. These can be equally important for patients who are taking the drug. What is the Reason for the Recall? Regardless of the nature of the recall, you will want to try to find out why it is taking place. Have there been reports of serious complications? Was the pharmaceutical company’s manufacturing facility contaminated? Are there other safety-related concerns? These are all important pieces of information that you will want to know. Is It a Class I, Class II, or Class III Recall? The FDA classifies all drug recalls as either Class I, Class II, or Class III. Class III recalls are the least serious (involving “a situation in which use of, or exposure to, a violative product is not likely to cause adverse health consequences,”) while Class I recalls are the most serious (involving “a situation in which there is a reasonable probability that the use of, or exposure to, a violative product will cause serious adverse health consequences or death”). 2. Follow the FDA’s Advice If it Recommends Against Taking the Drug By reviewing the recall notice, you should also be able to find out if the FDA is recommending against taking the recalled drug. If so, you should follow the FDA’s advice, and you should discuss treatment alternatives with your doctor as soon as possible. 3. Schedule... --- - Categories: Newsletters sds oc 1-24-1024v2 --- - Categories: Car Accidents Florida’s scenic routes, lined with lush foliage, sparkling waters, and charming coastal vistas, attract drivers from around the country. From the Overseas Highway to the historic Tamiami Trail, these picturesque roads offer a visual escape from the ordinary hum-drum drive. However, behind the beauty lies the hidden danger. Many of these routes, while visually stunning, come with unique risks and potential hazards. Narrow lanes, poor signage, inconsistent maintenance, and limited lighting can turn a relaxing drive into a liability nightmare if things go wrong. In this blog, our Florida auto accident attorney explores some of Florida’s most popular scenic routes, the hidden dangers they present, and what drivers need to know about liability and legal responsibility on these roads. Florida’s Scenic Routes: The Beauty and the Risk From towering palms along A1A to breathtaking bridges over turquoise waters, Florida’s scenic roads are among the most iconic in the United States. Some of the most popular routes include: Overseas Highway (U. S. 1) - This highway stretches from Key Largo to Key West, taking drivers over stunning ocean vistas. However, narrow lanes and heavy traffic create unique challenges, especially during tourist season. Tamiami Trail (U. S. 41) - Running through the heart of the Everglades, the Tamiami Trail offers wildlife sightings and marsh views but is notorious for sharp curves, minimal lighting, and frequent flooding. Florida State Road A1A - This coastal road along the Atlantic offers beautiful beaches and waterfront homes but is vulnerable to erosion, high winds, and heavy traffic congestion. These scenic routes provide unforgettable views but are also notoriously dangerous, especially for those unfamiliar with their nuances. Each has specific characteristics that increase accident risks and complicate liability when incidents occur. Why Florida’s Scenic Roads Are So Dangerous Several factors contribute to the dangers on these scenic routes, turning a pleasant drive into a potential liability nightmare. Some of the primary concerns include: Narrow or Limited Lanes: Many scenic roads, especially along coastal areas, have narrow lanes that limit maneuverability, making it difficult for cars to safely overtake slower vehicles or avoid unexpected obstacles. Poor or Limited Lighting: Scenic routes like the Tamiami Trail often lack adequate lighting, making it challenging to see at night or during bad weather conditions. This lack of visibility increases accident risks. Inconsistent Road Maintenance: Coastal routes are subject to damage from storms, salt erosion, and flooding, leading to potholes, cracks, and weakened road surfaces. These problems are sometimes left unaddressed, especially in rural areas. Wildlife and Pedestrians: Many of Florida’s scenic routes cut through natural areas, which means drivers are more likely to encounter wildlife crossing the road. Roads such as the Tamiami Trail are known for alligator crossings, and sudden encounters with animals can lead to severe accidents. High Traffic During Peak Seasons: Scenic routes like the Overseas Highway attract an influx of tourists, especially during peak season. This can lead to traffic congestion, aggressive driving, and road rage, raising accident risks. Liability Issues on Florida’s Scenic Routes Determining liability in accidents on these scenic roads can be complex. While a standard auto accident might involve two drivers and their insurance companies, accidents on scenic routes often involve additional parties. Potentially liable parties may include: Other Drivers: As with any accident, another driver could be at fault due to negligence, speeding, distracted driving, or impaired driving. Tourists unfamiliar with the road or overly focused on the scenery can pose a particular risk. Government Entities: Poorly maintained roads, inadequate signage, or a lack of proper lighting can make local or state government entities partially responsible. However, filing a lawsuit against a... --- - Categories: Bike Accidents, Personal Injury Injury lawyers in Tallahassee know that accidents with the most serious injuries are often those where a motor vehicle hits someone who is walking or riding a bicycle. Because the driver of a car or truck or even a motorcycle is much better protected than a pedestrian or cyclist, a collision will often result in catastrophic injuries or death for the bicyclist or pedestrian, while the motorist may not be injured at all. For that reason, many people automatically assume that the motorist bears all the liability for the accident. However, legal liability is a complex issue, and a proper assessment of liability requires investigation and consideration of a wide array of factors. If you’ve been injured as a pedestrian or cyclist, you cannot automatically assume you are entitled to compensation as the victim, regardless of the severity of your injuries. Instead, you need to work with an attorney who is prepared to investigate, preserve evidence to support your claim and make the most persuasive arguments to show why others involved in the accident should be held liable. Otherwise, attorneys for the other side will find ways to make you appear responsible. To understand why, it is necessary to look at the factors that affect liability in accidents involving pedestrians and cyclists under Florida law. Negligence and Other Sources of Liability Accidents are incidents that are, by definition, not caused by intentional wrongdoing. No one in their right mind deliberately tries to collide with someone else unless they’re on a bumper car course. An accident is unintentional. However, someone can still be held responsible for the results of an accident if they are found to be legally liable for causing the accident. This liability is usually based on negligence or possibly recklessness. You are legally negligent and can be held liable for the harm caused to another person if the four following factors apply: You owe a duty of care to that person You failed to fulfill that duty, either because you did something you should not have or you failed to do something you should have Your failure or breach of duty was the cause of the incident The incident resulted in injuries While you may think that you only owe a duty of care to certain people in your life, such as your children, the fact is that the law places you under a duty to behave responsibly toward the people around you in all types of situations. Anyone who is driving a vehicle owes a duty of care to others on the road to follow the law and pay attention to what they are doing. However, pedestrians and cyclists owe a duty of care as well. Florida laws and local Tallahassee ordinances set rules for those walking and riding in public spaces, and pedestrians and bicyclists are obligated to obey them. When a motorist, cyclist, or pedestrian fails to fulfill the duties they owe to others and that failure causes an accident, they can be held liable, even if they were injured. Actions That Can Make a Pedestrian or Cyclist Liable for an Accident Many people in Tallahassee are aware of the irresponsible things that drivers do to cause accidents. They often follow too closely and cause a rear-end collision or focus their attention on their cell phone rather than the road ahead and stray out of the lane, causing a head-on collision. Drivers are required to follow numerous rules, and disobeying any of them can lead to liability for an accident. However, pedestrians and bicyclists can also be held liable for causing a collision by doing... --- - Categories: Defective Drugs, Mass Torts Dangerous drugs are a very real concern. They shouldn’t be, but they are. Each year, dangerous drugs harm countless patients across the United States, and tragically, they cause numerous deaths that could—and should—have been avoided. If you or a loved one has been harmed by a dangerous drug, what are your legal rights? Patients and families who have suffered losses caused by dangerous drugs have clear legal rights under product liability laws that exist in Florida and states across the country. These laws hold drug companies accountable for selling dangerous drugs, and they entitle victims and their families to financial compensation. Compensation awards in dangerous drug cases are often substantial—as they cover not only the costs of treatment but victims’ lost earnings, pain and suffering, emotional trauma, and other financial and non-financial losses as well. 10 Key Steps in a Dangerous Drug Claim Filing a dangerous drug claim is not an easy process. In fact, it is extremely complicated. But, it is also extremely important. Not only does filing a dangerous drug claim allow you to recover the financial compensation you and your family deserve, but it also affords you the opportunity to help protect others who might otherwise experience similar consequences. Here is a brief overview of the process: 1. Making Sure You Have Your (or Your Loved One’s) Prescription or Drug Container The first thing you should do is make sure you have your (or your loved one’s) prescription or drug container (or both). If you don’t, that’s okay—your lawyer will be able to obtain them—but it will help if you can bring one or both to your free initial consultation. These will be key to proving your legal rights, and they will serve as critical evidence in your dangerous drug claim. 2. Talking to a Dangerous Drug Lawyer You will need to hire a lawyer to file your dangerous drug claim, and it will be best for you to speak with a lawyer as soon as possible. You should choose a lawyer who has specific—and extensive—experience handling dangerous drug cases. As we mentioned already, these cases are extremely complicated, so you need a lawyer who knows what it takes to recover the financial compensation you and your family deserve. 3. Giving Your Lawyer Authorization to Contact Your (or Your Loved One’s) Medical Providers Regardless of whether you have your (or your loved one’s) prescription or drug container, your lawyer will need to obtain various additional forms of evidence from your (or your loved one’s) medical providers. With this in mind, once you hire a lawyer to represent you, you should expect to sign an authorization form that allows your lawyer to obtain the documentation he or she needs. This will help streamline the process, and your lawyer will only use your medical authorization in connection with your dangerous drug claim. 4. Determining If the Dangerous Drug Has Been Recalled It will be important to know if the drug that harmed you (or your loved one) has been recalled. A recall isn’t necessary to file a dangerous drug claim, but if the drug in question is subject to a recall, your lawyer may be able to use this to your advantage. You can search the U. S. Food and Drug Administration’s (FDA) recall website, or you can rely on your lawyer to do this for you. 5. Finding Out if Similar Lawsuits Are Already Pending Along with determining if the drug in question is subject to a recall, you will also want to find out if similar lawsuits are already pending. If so, you may be able to... --- - Categories: Personal Injury While there is no good time to have an accident, suffering an accident while you’re on vacation has got to be just about the worst. You’re far from your regular support network, and the trip you’ve looked forward to and saved for is ruined. When and if you’re able to return home, you’ll arrive in disastrous shape mentally and physically. With decades of experience helping people injured in Tallahassee accidents, we’ve seen this scenario far too many times, and it is truly an awful experience. However, there are numerous things our team can do to help in the short-term and long-run when a client is injured in an accident while on vacation. Here are a few of the things we’ve learned about overcoming the legal and logistical challenges. The First Steps are Crucial Regardless of what happened, who you think may have caused the accident, and whether anyone seems to be seriously injured, it is vitally important to ensure everyone’s safety and to document the scene of the accident. It often takes months of investigation and analysis to determine whose actions caused the accident. It can also take months or even longer to determine the full effects of the accident on the minds and bodies of those involved. So, it is important to be prepared to do whatever it will take to ensure legal and medical recovery. Call 911 and ask for police and other first responders as needed. The police can record evidence and prepare a report that will be extremely valuable later for insurance and legal purposes. Trained first responders can also help keep everyone safe at the scene. Regardless of whether they record injuries, everyone in your group should get a thorough medical exam and explain to doctors that you were in an accident. The rush of adrenaline from an accident while on vacation can mask pain and other injury symptoms. Even if you were clearly not at fault for causing the accident, you might get blamed for it by lawyers representing insurance companies and others involved. To protect yourself, it is wise to gather and preserve as much evidence as soon as possible. Take photos with your phone and record your impressions at the scene. No detail is too small. Noting skid marks, signs, vehicle damage, and the positions of traffic and security cameras can now aid tremendously in determining what happened and who is liable. A local attorney can help with the documentation and with obtaining a subpoena to get footage from security and traffic cameras. A local attorney can also help locate and contact witnesses. Legal Action Takes Time While it is vital to take certain steps right away to protect your legal rights and financial interests, it will be some time before you use the information you’ve collected and saved. Although an insurance company may try to pressure you into accepting a settlement quickly, the legal process should not be rushed because it is important to have all the information before reaching decisions. Insurance companies try to hurry people into accepting a settlement that is far less than it should be, and accident victims who don’t have the right legal advice often accept these inadequate settlements before they understand the full value of their losses. The length of the legal process can pose a severe challenge when you live far away from the scene of the accident. In most cases, legal action will need to take place in the jurisdiction where the accident occurred. You will need to become familiar with the legal procedures of Tallahassee courts. Pleadings will need to be filed... --- - Categories: Car Accidents As autonomous vehicles (AVs) become increasingly common on Florida’s roads, questions about legal responsibility for accidents involving these vehicles grow more pressing. Florida’s relatively lenient regulations for autonomous vehicles have encouraged companies to test and deploy these cars, but their presence introduces complexities into the traditional framework of auto accident liability. When an accident occurs involving a self-driving car, determining who is responsible can be challenging. Below, our Florida car accident lawyer takes a closer look at who may be held liable for such incidents, examining potential defendants and applicable laws. Understanding the Basics: Autonomous Vehicles and Liability Autonomous vehicles are designed to operate with minimal or no human intervention, relying on sensors, machine learning, and AI algorithms to navigate roads and avoid hazards. While AV technology promises increased safety and efficiency, it also comes with risks—malfunctions, software glitches, or inadequate responses to unexpected situations can lead to accidents. In traditional auto accidents, the driver is typically the primary person held responsible. However, with autonomous vehicles, the question arises: if no one is physically driving the car, who is at fault? In Florida, the law regarding autonomous vehicles is still developing, but there are some clear guidelines and potential defendants in AV accidents. These may include the following: The Vehicle’s Owner The Manufacturer or Software Developer The Autonomous Vehicle Operator (if Present) Government Entities or Maintenance Contractors 1. The Vehicle’s Owner Even if the vehicle was in autonomous mode during the accident, the owner of the car might still be liable. Florida law requires vehicle owners to carry insurance and remain responsible for their cars, even if a defect or a third party’s actions caused the accident. If the AV owner failed to properly maintain the vehicle or tampered with its safety features, they could be held partially responsible. For instance, if the owner ignored maintenance requirements or allowed software to go without updates, any resulting accident might shift some liability to them. Additionally, Florida follows a "dangerous instrumentality doctrine," which holds that owners can be liable if their vehicle is involved in an accident, regardless of whether they were driving. Though this doctrine applies traditionally to drivers, there’s a potential it could extend to autonomous cars, especially if courts decide that an autonomous car, regardless of driver, is an inherently dangerous machine. 2. The Manufacturer or Software Developer One of the most likely defendants in AV-related accidents is the vehicle manufacturer or the software developer behind the self-driving technology. If the vehicle’s technology fails to function correctly, a product liability claim may arise, where the injured party claims that a design flaw, manufacturing defect, or failure to warn about potential risks caused the accident. In Florida, product liability claims can proceed under strict liability, negligence, or breach of warranty theories. Strict liability allows plaintiffs to recover damages without proving that the manufacturer was negligent—only that the defect directly caused the injury. For AVs, proving the existence of a defect or a malfunctioning algorithm becomes essential, as autonomous cars operate under complex machine-learning systems. A manufacturer could be liable if: Software Malfunctioned: For example, the AI misinterpreted a traffic signal, causing the car to proceed unsafely. Sensor Failure: Sensors are critical for detecting other cars, pedestrians, and road obstacles. If sensors fail to register another vehicle, a manufacturer could be held responsible. Inadequate Testing and Design: If the AV software or hardware lacks rigorous testing, manufacturers may be accountable for defects that lead to accidents. 3. The Autonomous Vehicle Operator (if Present) In Florida, Level 4 and 5 autonomous vehicles, which can operate without human intervention, may still have a... --- - Categories: Car Accidents Every 44 seconds, someone in Florida causes a car accident. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that one in every seven times, the collision occurred because a driver allowed themselves to be distracted and lose focus on what they were doing. The Department also reports that fatalities due to distracted driving are on the rise. While distracted driving is a problem throughout the state, it is especially problematic in the Tallahassee area, where the unique terrain inhibits visibility and causes vehicles to react differently, and many drivers are new to the town and not familiar with local traffic rules and patterns. When these factors are combined with the congestion on the roads, even a momentary distraction can become deadly. Texting is Not the Only Problem Many people in Tallahassee think that distracted driving refers to texting while driving, and they assume if they avoid that habit, they don’t have a problem with distracted driving. However, any activity that diverts a driver’s attention from the road leads to distracted driving. Talking, eating, drinking, programming GPS, switching music or adjusting the air conditioning are all common actions that increase a driver’s likelihood of triggering an accident. Visual distractions may be the most dangerous, but activities that take your hands away from the wheel also pose a problem because they impact your ability to react to a change in conditions. Distractions can even be purely mental, such as thinking about an upcoming presentation instead of how many brake lights have suddenly appeared on the vehicles ahead in traffic. Distracted driving is considered to be as dangerous as driving while impaired by alcohol or drugs. Yet drivers who are very conscientious about taking a rideshare to avoid impaired driving allow themselves to engage in distracted driving on a regular basis because they have become comfortable with it. Why Distracted Driving is So Dangerous Any time someone puts a vehicle into gear and pulls onto the road, they present a danger to others, and they need to be constantly vigilant to avoid the dangers posed by all drivers and objects all around them. Often, without realizing it, drivers take action to avoid collisions all the time. To avoid a crash, a driver must first notice a potential hazard, then react to the problem, and finally allow the vehicle time to stop or evade the problem. These three actions require time, particularly when driving at high speed. Data from the FLHSMV shows that when a car is traveling 30 mph, by the time a driver perceives a problem, the car has traveled 33 feet. By the time they can react, the vehicle has moved another 33 feet. And then it takes another 57 feet to bring the vehicle to a stop. For vehicles moving at 55 mph, in the time it takes the driver to recognize the problem, react, and come to a stop, the car has traveled over 300 feet—more than the length of a football field. These figures represent the time needed to avoid an accident when a driver is focused on the road. When a driver is distracted, they take longer to perceive the problem and often longer to react as well. Each second of distraction causes their vehicle to travel much further and makes it much harder to avoid a collision. Statistics on Distracted Driving Distracted driving has become such a serious problem that the FLHSMV now maintains separate records and reports for crashes caused by distracted drivers. For 2023, the most recent full year for which data is available, distracted driving was listed as the cause... --- - Categories: Defective Drugs, Mass Torts Adverse reactions to prescription medications are alarmingly common. As a result, if you have experienced an adverse reaction to a drug that your doctor prescribed, you are not alone. Reporting adverse reactions allows for nationwide tracking, and this helps the U. S. Food and Drug Administration (FDA) determine when recalls are necessary. 3 Ways to Report Adverse Reactions to Prescription Medications There are three primary ways to report adverse reactions to prescription medications. All three involve reporting to the FDA—they just involve different means of doing so. As the FDA explains: “MedWatch is the Food and Drug Administration's (FDA) program for reporting serious reactions drugs ... . In order to keep effective medical products available on the market, the FDA relies on the voluntary reporting of these events... . Your report may be the critical action that prompts a modification in use or design of , improves its safety profile and leads to increased patient safety. ” So, how do you report an adverse reaction to MedWatch? The three primary options are: 1. File a Reporting Form with the FDA The first option is to contact the FDA yourself. You can do so by filing Form 3500B with the FDA. Patients can download Form 3500B and mail it to the FDA or complete and submit the form online. Whichever options you choose, you will want to read the FDA’s Frequently Asked Questions, and you will need to take your time to complete the form accurately. If you omit any required information or provide any information that is inaccurate, the FDA may not be able to accept your report in MedWatch. If you decide to mail in your completed Form 3500B, you will need to use the FDA’s mailing address at the bottom of the last page of the form. 2. Ask Your Doctor to Submit Your Reporting Form Instead of filing Form 3500B yourself, you can ask your doctor to submit your reporting form for you. The FDA recommends this approach, stating, “f you think you or someone in your family has experienced a serious reaction to a medical product, you are encouraged to take the reporting form to your doctor. ” As the FDA goes on to explain, this is because “our health care provider can provide clinical information based on your medical record that can help FDA evaluate your report. ” While some doctors will be happy to assist with reporting adverse drug reactions to MedWatch, others will not. If your doctor is not willing to help, you can submit your report yourself or seek help from a defective drug lawyer. 3. Get Help from a Defective Drug Lawyer A defective drug lawyer can assist you with reporting an adverse reaction to a prescription medication to the FDA. An experienced lawyer will be intimately familiar with Form 3500B and will be able to help you submit all the required information. Aside from submitting your completed Form 3500B to the FDA, your lawyer will keep all information you share strictly confidential—and, as we discuss below, there are several other ways an experienced defective drug lawyer can assist you in this situation as well. Other Reasons to Talk to a Defective Drug Lawyer After an Adverse Reaction Along with reporting your adverse reaction to the FDA, there are several other ways an experienced defective drug lawyer can help you. In addition to getting help with Form 3500B, other reasons to talk to a defective drug lawyer after an adverse reaction include: Finding Out if You Have a Defective Drug Claim – Patients who experience adverse reactions to prescription medications will... --- - Categories: Car Accidents Over the past 10 years, hit-and-run drivers have caused well over a million car accidents in Florida. More than 2,300 people lost their lives in hit-and-run accidents during that time, so drivers are fleeing the scene even when an accident is serious, and victims are in desperate need of help. Last year, in Leon County alone, 354 people were seriously injured in hit-and-run accidents, and six people were killed. So, how should you handle the situation when the driver responsible for a car or truck accident in Tallahassee fails to stop and provide assistance or even give their name? Although the situation can be discouraging at best, our experienced team of accident attorneys knows that taking the right steps after a hit-and-run accident can help keep you safe and lead to the best chance to obtain financial recovery for your losses. Step One: Secure Your Safety In the distress of watching the at-fault driver flee the scene of an accident, many people have done things that put them in danger. They’ve chased after the driver, making it likely that they will be hit by other vehicles in traffic. They’ve made injuries worse by moving around too much. Or they’ve failed to move away from a dangerous situation. While it’s important to try to identify the driver, it is more important to protect yourself from further harm. Put yourself in a safe position and avoid excessive movement until you’ve had your medical condition evaluated by professionals. Always call 911 to report the hit and run, even if you don’t notice injuries or excessive vehicle damage. The evidence from a police report will be extremely helpful later on, even if you don’t file a lawsuit. Florida law requires accidents to be reported in many situations, so to be on the safe side, it is always best to inform the police as soon as possible. Since fleeing the scene of an accident is a crime, police are likely to take a particular interest. Step Two: Document the Accident Evidence is always critical after a car or truck accident, but it takes on an added importance in a hit-and-run case. The smallest clues could help identify and locate the driver who can be held liable civilly and criminally. So if your health allows it, take pictures of everything, from your position and injuries to the condition of your vehicle to the details of the scene, such as skid marks, traffic signs, and details of the surroundings. Take photos of any witnesses and try to get their contact information. Often, those who see someone leave the scene of an accident are so outraged that they are more willing to help record details about the vehicle or driver and to stay and provide that information to police when they arrive. Write down or record all the details you remember about the hit-and-run vehicle and driver. Also, record what you remember about the moments leading up to the accident and what happened during and after the collision. The human mind has a way of obscuring details as time passes, so the memories you record right after an event are much more valuable than memories you try to recall later. Even if you can’t move much after the accident, if you can reach your phone, hit “record” and describe your impressions. Include the date, time, and location of the accident. Step Three: Share Facts with the Police It is vitally important to remain at the scene of the accident rather than to try to look for the hit-and-run driver. You are required to stay and report the information... --- - Categories: Car Accidents, Personal Injury If you were injured in an auto accident as a passenger in Florida, what are your legal rights? This is a critical question. Accident-related injuries can prove incredibly expensive, and you shouldn’t have to bear the costs of someone else’s mistake on your own. Fortunately, passengers’ rights are clear, and you can hire a Florida personal injury lawyer to assert your rights at no out-of-pocket cost. With that said, there are no guarantees. Even if you are clearly entitled to financial compensation for your accident-related injuries, you still need to convince the insurance companies to pay what they owe. It is up to you to take action, and you will need to work closely with your lawyer to make sure the insurance companies treat you fairly. Passengers’ Legal Rights in Florida: What Auto Accident Victims Need to Know What do you need to know about asserting your legal rights as a passenger in Florida? Here are seven important facts about seeking just compensation as a passenger after a serious auto accident: 1. If You Have Auto Insurance, You Can Use It Even if you were riding as a passenger in someone else’s vehicle, you can use your auto insurance to help cover the costs of your accident-related injuries. Minimally, this means taking advantage of your personal injury protection (PIP) coverage. This is “no-fault” insurance that applies whenever you get injured in a collision. If necessary, and if you have it, you can file a claim under your uninsured/underinsured motorist policy as well. 2. You Can Hold the At-Fault Party Accountable Just like if you were driving, you can hold the at-fault party fully accountable for your accident-related injuries, provided that they are serious enough to warrant a claim outside of PIP. You can file a claim against anyone (or any company) that is responsible for the accident, including the driver of the vehicle in which you were riding. Even though liability insurance is optional for most drivers in Florida, many individuals (and companies) pay for this coverage voluntarily. As a result, in most cases, filing a claim as a passenger involves dealing with the at-fault party’s insurance company. 3. Special Rules Apply in Cases Involving Uber and Lyft Vehicles If you were injured while riding in an Uber or Lyft vehicle, then special rules apply. Rideshare drivers and rideshare companies are subject to enhanced auto insurance requirements under Florida law. While seeking just compensation for a rideshare accident usually involves dealing with the driver’s insurance company, if necessary, your Florida personal injury lawyer can file a claim with Uber or Lyft’s insurer. 4. The First Step is to Identify the Party (or Parties) Liable for the Collision Regardless of the specific type of claim you need to file, the first step toward asserting your legal rights as a passenger is to identify the party (or parties) that are liable for the collision. This involves hiring a Florida personal injury lawyer to investigate the collision right away. Your lawyer will gather as much evidence as possible, and then your lawyer will use this evidence to determine where he or she can seek just compensation on your behalf. 5. The Next Step is to Seek the Financial Compensation You Deserve Once you know what claim (or claims) you need to file, the next step is to seek the financial compensation you deserve. This, too, requires experienced legal representation. Your lawyer will deal with the appropriate insurance company (or insurance companies) on your behalf, keeping you updated and informed throughout the process. While we’re referring to this as a single “step,” it is... --- - Categories: Car Accidents If you were injured in a hit-and-run accident in Florida, you will need evidence to file an insurance claim. While your personal injury protection (PIP) policy should provide a small amount of coverage regardless of what happened, PIP doesn’t cover all of the costs of serious accident-related injuries. When it comes to collecting evidence, time is of the essence, so it is important that you speak with a Florida car accident attorney as soon as possible. The evidence you need after a hit-and-run accident depends on the type of insurance claim you will be filing. Of course, you won’t know this until you have tried to identify the driver who hit you. If you can identify the hit-and-run driver, then you may have a claim under his or her insurance policy (assuming he or she has coverage) or possibly against his or her employer (if he or she was working at the time of the accident). If you can’t identify the hit-and-run driver, then you may need to rely on your own uninsured/underinsured motorist coverage—if you have this coverage available. 3 Key Aspects of Proving a Hit and Run in Florida To understand why the type of claim you can file is important for determining what evidence you need, we can take a look at three key aspects of proving a hit and run in Florida: 1. Proving that You Were Involved in a Hit and run Accident When you have a claim for a hit-and-run accident, the first step is simply proving that you were involved in a hit-and-run. If you can prove that you were involved in a hit and run (and that the other driver was at fault), you can file an uninsured/underinsured motorist claim even if it isn’t possible to identify the at-fault driver. With this in mind, some of the key types of evidence in a hit-and-run accident case are the same as those used in other types of accident cases. For example, to prove that you are entitled to coverage, your Florida car accident attorney may be able to use evidence such as: The Damage to Your Vehicle – The location and extent of the damage to your car, truck or SUV will be helpful for showing that you got hit by another vehicle. Forensic Evidence from the Crash Site – Tire marks, damaged sign posts or guard rails, damaged vegetation, and other forms of forensic evidence from the crash site could help prove that you got hit as well. Witness Testimony – If anyone witnessed your hit-and-run accident, they may be able to testify in support of your claim for uninsured/underinsured motorist coverage. Photos or Videos – If your hit-and-run accident was captured on video, or if any witnesses took photos or videos of the other driver speeding away, this could also be key evidence in support of your insurance claim. Again, these are just examples—various other forms of evidence may be available as well. The circumstances surrounding your accident could also demonstrate that someone else was responsible for causing the collision. For example, if you got rear-ended, this in itself could be evidence that the driver who hit you was at fault. Likewise, if you got hit by a driver who crossed the center line, being able to prove that you were on your side of the road at the time of impact could be a key factor in your case. 2. Proving Who Hit You and Fled the Scene of the Accident If you can prove who hit you, then you shouldn’t have to rely on your own insurance coverage (unless... --- - Categories: Car Accidents On streets throughout the country, driverless cars are operating in tests on a regular basis, although these cars currently have human drivers standing by to take over if necessary. Industry predictions vary about when we will be able to purchase and operate completely driverless vehicles, but they are expected to become the norm. Like it or not, we are headed toward situations where most vehicles on the roads operate with little human intervention. So, what are the pros and cons of this eventuality? What should we plan to take advantage of, and what should we be wary of? How should we prepare? Let’s take a look at what we can expect from driverless cars. The Anticipated Benefits of Driverless Vehicles While it is important to be aware of the potential drawbacks and safety concerns of driverless vehicles, these types of vehicles are expected to provide numerous advantages. Recapturing Lost Time Anyone who has ever been stuck in stop-and-go traffic understands what a tremendous waste of time and attention driving can be. If instead of paying attention to the road, people traveling by car could use the time to work or relax, then travel by driverless vehicle would have the effect of adding extra hours to the day. This benefit would be tremendous for many people who feel like they are always crunched for time. Reduced Opportunity for Human Error Proponents of driverless vehicles confidently predict that car and truck accidents will decrease dramatically when the potential for human error is taken out of the driving equation. After all, most car accidents are caused by some type of negligence or reckless behavior on the part of a driver. People pay attention to their cell phones rather than the road, they drive while impaired by alcohol or drugs, they eat breakfast or put on makeup while commuting, or they simply get drowsy or impatient and make mistakes behind the wheel. If the vehicle is monitoring conditions and taking appropriate actions, then it doesn’t matter how the human inside is behaving. Traffic Flow Can Be Optimized Even when humans are closely following traffic conditions on GPS and planning routes to avoid congestion, vehicles still end up stuck in long lines of traffic. If all or most vehicles were controlled by computerized systems that communicated with one another, traffic on the roads could be optimized to avoid congestion, saving time and energy. Increased Accessibility Under our current transportation model, people with visual or certain physical handicaps cannot drive themselves around. They must rely on transportation provided by others, whether a private driver or public transportation such as a bus or train. This can be severely limiting. When driverless cars become a reality, many individuals who are unable to drive a traditional vehicle will be able to travel independently, greatly increasing their autonomy. Potential Problems to Watch for with Driverless Vehicles Although many commuters may eagerly anticipate the chance to turn over the driving to an automated car, driverless vehicles will not be perfect. Personal injury attorneys know that in a rush to sell new technology, companies do not always do enough testing or include the safety features necessary to protect the public. Here are some concerns to keep in mind regarding driverless vehicles. Technical Problems Can Lead to Severe Injuries Mechanical failures in cars, trucks, and other vehicles are common. However, human drivers generally react to the failure in a way that prevents or reduces the severity of collisions. For instance, if anti-lock brakes jam, a driver might shift the car into neutral and steer to the side of the road to avoid hitting... --- - Categories: Wrongful Death If you’ve lost a loved one too soon and a corporation is to blame, it can be hard to accept what has happened. Far too often, corporations put their profits before people’s safety—whether this means selling dangerous products, ignoring the need for maintenance or repairs, or forcing their drivers to spend too many hours behind the wheel. The only solace for families in this situation is that corporations can be held legally accountable, and holding them accountable starts with hiring a Florida accident lawyer to file a wrongful death claim on your family’s behalf. 5 Key Legal Considerations for Families Coping with a Loved One’s Wrongful Death When you hire a Florida accident lawyer to file a wrongful death claim, your lawyer will assess all potential grounds for seeking just compensation on your family’s behalf. Your lawyer will also walk you through the process of filing a wrongful death claim and explain what you can expect during (and after) the process. While there are unique aspects to every family’s circumstances, the following are some of the key considerations for protecting your family’s legal rights: 1. Filing a Wrongful Death Claim Starts with Identifying the Corporation that is Responsible Filing a wrongful death claim against a corporation in Florida starts with identifying the corporation that is responsible for your loved one’s untimely passing. While this can be fairly straightforward in some cases, it is often easier said than done. This is one of the first areas in which an experienced Florida accident lawyer can help. By conducting a comprehensive investigation, your lawyer can identify the corporation that is to blame for your family member’s death. While this might involve conducting an on-scene investigation or examining the vehicles or property involved, it might also involve obtaining internal corporate records and other forms of documentation. The key is to preserve the available evidence before it disappears—which is one reason why it is important to speak with a lawyer as soon after a fatal accident or incident as possible. 2. Even After a Wrongful Death, Corporations Will Still Put Their Profits First Even after a wrongful death, corporations will still put their profits first. Unfortunately, no matter what happened, you should not expect the corporation that is responsible for your loved one’s death to do the right thing. You will need to be proactive about asserting your legal rights, and you will need to hire an experienced Florida accident lawyer who can protect you and your family against the corporation’s defense tactics. 3. You Can (and Should) Rely on Your Florida Accident Lawyer to Seek Accountability on Your Family’s Behalf When you hire a Florida accident lawyer to represent your family, you can (and should) rely on your lawyer to seek accountability on your family’s behalf. To do so, your lawyer will take several steps, including (but not limited to): Investigating the Fatal Accident or Incident – As we mentioned above, it is important to investigate a fatal accident or incident as soon as possible. This is true whether your loved one was killed in a vehicle accident, in a maritime or aviation accident, in a product or premises-related accident, or due to medical malpractice. Filing Your Family’s Wrongful Death Claim – Once your lawyer investigates and identifies the corporation that is responsible for your loved one’s untimely death, your lawyer will file a wrongful death claim on your family’s behalf. While this may involve suing the corporation in court, it may also involve dealing with the corporation’s commercial liability insurer. Presenting Evidence of the Cause of Your Loved One’s Death – Your lawyer... --- - Categories: Car Accidents Collisions involving cars, trucks, and other vehicles cause extremely serious injuries on an almost constant basis in the Tallahassee area. What is scary to realize is that very often, those suffering from severe or even life-threatening injuries often do not realize that they have been hurt. Injuries to the brain or internal organs are not always apparent, even to the trained eye of a paramedic. If you don’t receive a thorough medical evaluation after an accident, you risk suffering serious consequences, both to your health and finances. It is not so much a question of whether to seek medical treatment but when and how to do so. Based on our years of experience helping accident victims recover their health and financial resources after collisions, we know that a visit to the ER after an accident is often a wise move, but you need to be aware of your other options. Call 911 and Let First Responders Do Their Job Even if you feel fine after a collision, it is always a good idea to contact emergency services and get professional help on the scene. Police can set up a protective perimeter and analyze the scene, reporting details that can provide valuable evidence later. Medical personnel can assess injuries and treat or stabilize conditions as necessary. If paramedics recommend that you be transported to the hospital in an ambulance, follow their guidance. They know more about the situation than you do. For instance, they may know that if you arrive at the hospital in an ambulance, you will be examined by doctors within a few minutes, whereas if you drive yourself to the emergency room, the crowded conditions will require you to wait hours even to see a nurse. Remember, however, that paramedics and other first responders have nowhere near as much medical training and experience as doctors and nurses. If they tell you that you’re “fine” or don’t seem injured, that should not be the final word on the subject. You still need to undergo a thorough medical examination, but you may not need to ride in an ambulance, particularly if the ambulance is needed for someone with more obvious injuries. A Thorough Medical Exam May Detect Hidden Injuries Some injuries do not show symptoms immediately after they occur, and it is not until hours or even days later that they cause problems that are readily detectable. Other injuries display very subtle symptoms that can only be detected by a doctor with the right training, equipment, and experience. Injuries that may be overlooked at the scene of a collision include: Head injuries, including traumatic brain injuries Damage to internal organs Soft tissue injuries such as whiplash Damage to the spine, such as a herniated disk Bone fractures Emotional trauma such as PTSD It is important to receive a comprehensive medical exam after an accident to detect these and other types of injuries. One of the easiest ways to see a doctor for this type of exam is to go to the emergency room (ER), which hospitals sometimes refer to as the emergency department (ED). So that the doctor knows what to look for, explain that you were in a car accident and describe any sensations that you have noticed, no matter how slight. If you have pictures of the accident scene and your vehicle, you can show them to the doctor to give the physician an idea of where your body may have received the greatest impact. A Trip to the ER Could Preserve Your Right to Legal Recovery Receiving a thorough medical exam from a doctor at the hospital... --- - Categories: Personal Injury, Wrongful Death When you need to seek justice for a loved one’s tragic and untimely death, it is important to have a team of experienced professionals on your side. This includes not only a wrongful death attorney in Florida but also experts who can help prove both: (i) that your family is entitled to just compensation; and (ii) how much your family is entitled to recover. Expert witnesses play a vital role in all types of wrongful death cases. Whether you lost a loved one due to driver negligence, medical malpractice, or any other form of negligence or wrongdoing, you will need a wrongful death attorney in Florida who has strong working relationships with expert witnesses skilled in helping prove families’ legal rights. At Searcy Denney, we have been representing Florida families in wrongful death cases for decades, and we work closely with numerous experts who have extensive experience helping our clients secure just compensation in settlement negotiations and in court. Types of Expert Witnesses in Florida Wrongful Death Cases There are many different types of expert witnesses who can assist with different aspects of proving grieving families’ legal rights in Florida wrongful death cases. To effectively prove your family’s legal rights, it may be necessary to engage multiple experts who can prepare reports and provide testimony on various aspects of your family’s wrongful death claim. Some examples of the types of expert witnesses we frequently engage to assist with proving our clients’ legal rights include: Accident Reconstructionists – Accident reconstructionists use various forms of data and evidence to piece together the events leading up to a fatal accident. They rely on specialized knowledge and state-of-the-art technology to create extremely accurate computer models of vehicle collisions, building collapses, aviation and railroad accidents, and other incidents resulting in wrongful death. Engineering Experts – Engineering experts assist with families’ wrongful death claims by examining the vehicles or structures involved to determine what went wrong and who (or what company) is to blame. In fatal auto accident cases, for example, we will engage engineers to examine each of the vehicles involved in order to assess factors such as the speed and direction of impact and whether any vehicle maintenance issues or defects played a role in the collision. Financial Experts – Financial experts assist with families’ wrongful death claims by calculating and documenting the long-term financial costs of a loved one’s untimely passing. This includes direct out-of-pocket costs such as psychological care and costs for childcare, cleaning, landscaping, and other services, as well as loss of the victim’s income and benefits through his or her anticipated date of retirement. Medical Experts – Medical experts can provide reports and testimony regarding the specific cause of death. They can also provide reports and testimony regarding whether the family’s loved one survived for a period of time; and, if so, the physical pain and emotional trauma he or she experienced before passing away. Mental Health Experts – Mental health experts can provide additional insight into the fear, anxiety, and trauma fatal accident victims experienced in their last moments of life, which are all key factors in wrongful death cases under Florida law. They can provide reports and testimony regarding family members’ emotional losses and psychological harm as well—which are also losses for which substantial financial compensation may be warranted. Depending on the nature of your family’s case, it may be necessary to work with other experts as well. Additionally, within each of the broad areas listed above, there are different types of specialists in different fields. For example, while some engineers have expertise in vehicle design or product... --- - Categories: Car Accidents Aggressive drivers often act like they are more important than everyone else on the road. One tactic they use is to follow so closely that the driver in front feels obligated to speed up. Other times, drivers tailgate to get ready to make a dangerous pass or simply to show their dominance. Regardless of the reason for tailgating, when a driver follows the vehicle ahead too closely, they are very likely to cause an accident. When that happens, how do you prove that the tailgating led to the collision? How do you show that the other vehicle was following too closely? Our attorneys have extensive experience in handling car accident claims, and we use several strategies to prove the liability of drivers who tailgate. Every situation offers unique evidence and special opportunities to establish liability, but here are some of the most common means of proving that the vehicle behind was following too closely. Look for External Video Very often, a driver’s actions are recorded on video by traffic cameras, security cameras, or dash cams installed in a vehicle nearby. The trick is to find the video and take the right legal action to preserve the footage before it can be erased or recorded over. A seasoned accident attorney will know where to check and locate video cameras that might show the driver’s behavior in the time leading up to the accident. New traffic cameras are being added all the time. When approaching businesses and homeowners about the footage on their security cameras, a request from an attorney often meets with more success than a request from an unknown private individual. Attorneys also know how to subpoena to obtain footage and how to preserve it so it will be available when needed. We can isolate frames to present still pictures as well as moving images showing a driver’s dangerous tailgating behavior. Look for Witnesses Eyewitness accounts often provide the best evidence that a driver was following too closely. The witness could be someone from your own vehicle, another car or truck on the road, or a pedestrian or bicyclist in the area at the time. While the most effective testimony comes from impartial witnesses who saw the moments leading up to the crash and the impact itself, if someone noticed the driver’s tailgating behavior before the accident but didn’t see the accident itself, that testimony could still prove quite valuable. After a collision, it is very helpful to have someone gather the contact information of every potential witness in the vicinity. Taking photos can help, too, because facial recognition software can be used to identify and locate witnesses later. These witnesses are often more willing to speak to an attorney contacting them in a professional capacity than to a private individual contacting them in a personal capacity, and our legal team often assists with locating and interviewing witnesses to accidents. Remember, too, that the words of the driver who was tailgating might be used as evidence. If the driver admitted to a law enforcement official or someone else that they were tailgating or said that they were driving too slow, those statements could also help demonstrate their liability. Get the Police Report After an accident of any type, it is always helpful to call the police to the scene and get them to file a report on the incident. Police are trained to investigate and note important facts that provide clues to the cause of the accident. So, obtaining a copy of the police report provides you with a valuable source of information that can demonstrate that the driver who... --- - Categories: Car Accidents When you suffer serious injuries in an auto accident, proving what happened (and who was at fault) is essential for recovering the financial compensation you deserve. While Florida personal injury lawyers can use various forms of evidence to prove their clients’ legal rights, in many cases, one of the most important types of evidence is witness testimony. Witnesses can help with auto accident claims in several ways. The key is knowing how witnesses can help in your case. When you hire a lawyer to represent you, your lawyer will investigate to determine who (if anyone) is available to provide testimony in support of your claim for just compensation. 5 Ways Witnesses Can Help with an Auto Accident Claim in Florida With this in mind, here are five examples of roles that witnesses can play in Florida auto accident claims: 1. Corroborating Your Version of the Events One way witnesses may be able to help with your auto accident claim is by corroborating your version of the events. Even if you know exactly what happened, you unfortunately cannot expect the insurance companies to take you at your word. They are going to second-guess you, and they are going to look for any evidence that might call your version of the events into question. If a witness—who has no stake in the outcome of your auto accident claim—confirms what you tell the insurance companies or what you say in court, this can go a long way toward verifying your credibility. This, in turn, can make the insurance companies more likely to settle for the financial compensation you deserve. 2. Filling in the Gaps If you are fuzzy on some of the details of your auto accident, witnesses may also be able to fill in the gaps. While some accident victims have time to see what’s coming, many people have no idea that they are about to get hit. If you don’t know exactly what happened in the moments leading up to your accident, eyewitnesses who saw the accident from an outside perspective may be able to provide critical details on your behalf. 3. Disputing the Insurance Companies’ Allegations of Comparative Negligence Witnesses can also help with disputing insurance companies’ allegations of comparative negligence. Under a change to Florida’s personal injury laws that took effect last year, the insurance companies can deny compensation to accident victims who are deemed more than 50 percent at fault in their collisions. As a result, it is now even more common for the insurance companies to try to blame accident victims for their own injuries. If the insurance companies accuse you of being partially at fault, witnesses may be able to testify that there was nothing you could have done to avoid the collision. Other evidence may be available as well; but, here too, the first-hand account of an unbiased observer can be key evidence for protecting your legal rights. 4. Providing Photos and Videos They Took at the Accident Site Another way witnesses may be able to help with your auto accident claim is by providing copies of photos or videos they took at the accident site. Even if you were able to take photos or videos with your phone in the aftermath of the accident, having another perspective could still be extremely helpful. If you weren’t able to take photos or videos, finding out if anyone else has documentation of the crash site could be especially important. In many cases, witnesses will be more than happy to share their photos or videos—and they may even post them online. But, if necessary, your Florida personal injury... --- - Categories: Personal Injury Many people are aware that if they are injured due to someone’s negligence in a car accident, slip and fall incident, medical malpractice, or other situations, an experienced personal injury attorney can file a legal claim to obtain financial compensation. However, the details of the process and the problems that can occur if you say or do the wrong thing are not well understood. With decades of experience working to obtain the maximum damage award for those who have been injured by the wrongdoing of others, the team at Searcy Denney knows that it is a good idea for every accident victim to understand how to protect their right to recovery and what needs to happen in order for them to obtain full compensation. In many cases, a request for production is a key part of the process, so here’s what it means and how it works in the context of a personal injury lawsuit. Information is Power in a Lawsuit Whether you are the party suing to obtain relief or the party defending against the claim and trying to avoid paying damages, you want to obtain as much information as possible about all aspects of the claim and the incidents leading up to it. Knowledge is power, particularly when that knowledge is backed by evidence that you can introduce in court. Having the right information allows you to prove that you are entitled to compensation under the law—and how much compensation you should receive. If you are on the defense side, the right information can enable you to prove that you are not legally responsible and don’t need to pay anything. Although people tend to picture lawyers arguing aloud in court when they think of lawsuits, the fact is that most of the work occurs long before anyone enters the courtroom, and the case is often won or lost based on the information gathered during the phase of the lawsuit known as discovery. Lawyers Use a Variety of Discovery Tools to Acquire Information After the lawyer representing the victim of a truck accident or other incident files a lawsuit against the individual or company responsible for causing the accident and injuries, that party has a chance to file an answer in court, and then the case enters what is known as the discovery phase. This phase is usually the longest part of the legal process. During the discovery phase of a case, both parties investigate to determine what happened and why. They conduct independent investigations, but they also use legal tools to gain information from each other. These discovery tools include: Interrogatories Depositions Requests for Admissions Requests for Examinations or Inspections Requests for Production Interrogatories are written questions submitted for written responses from the other party. Depositions are sessions where parties meet in person for oral question-and-answer sessions. When someone files a request for admission, they are asking the other party to admit to certain facts so that the scope of the case is more focused. A request for an examination or inspection involves getting an exam by a doctor or allowing the opportunity to examine tangible items held in the other party’s possession. So, what is a request for production? It amounts to a demand for one party to hand over documents to the other party. Florida law requires parties to a case to cooperate in the discovery process, but sometimes, an attorney can present a legally valid reason for refusing to provide certain information or limiting the scope of the information. What Kinds of Documents are Involved in a Request for Production? Attorneys for both sides will... --- - Categories: Trucking Accidents Federal government agencies such as the Federal Motor Carrier Safety Administration work vigilantly to research the causes of truck accidents and ways to improve safety for truckers and other motorists on the road. While the safety requirements have doubtlessly saved many lives and prevented or reduced the severity of accidents, the increased traffic on the roads today and the size and weight of modern trucks mean that federal regulations have not been able to eliminate injuries from truck accidents in Tallahassee. However, the regulations can actually make it both easier and more difficult for truck accident victims to recover compensation. To understand why, it is important to understand these regulations, the basis for truck accident claims, and how successful attorneys work to recover compensation for those who suffer devastating injuries. Types of Federal Trucking Regulations Some trucking regulations are geared toward safety, while others are designed to regulate interstate commerce. For our purposes, we will just examine a few of the major regulations that pertain to safety. In many cases, the regulations apply not only to tractor-trailers on the interstate highways but also to trucks such as: Dump trucks Cement mixers Delivery vans Garbage trucks Tanker trucks Transport trailers and flatbed trucks Utility vans While the majority of trucks on the road in Tallahassee are commercial vehicles, trucking regulations often apply to private vehicles as well. Limits on Hours Drivers Can Operate Because driving while fatigued can be just as dangerous as driving under the influence of drugs or alcohol, federal regulations set limits on how many hours a commercial driver can operate without taking a long off-duty break. Drivers hauling freight (as opposed to bus drivers transporting passengers) are required to take a 30-minute break after eight hours of driving. In addition, they are allowed to drive no more than 11 hours before they are required to take a break of at least 10 hours, and they cannot drive beyond the 14th consecutive hour after ten hours off duty. So even if a driver takes breaks, they still must have a long period of rest before driving again. The law also sets limits on how many days a driver can operate before needing to take at least 34 hours off duty. Training Requirements and Operating Standards Federal laws also require drivers to have additional training and certification to obtain a commercial driver’s license to operate certain types of vehicles or drive in certain situations. In addition, the laws set higher standards for those operating commercial vehicles. For instance, although drivers of private vehicles are generally allowed to operate after drinking alcohol as long as their blood alcohol level is below the . 08% level, the level is lower for drivers with a commercial driver’s license. Driving Log Requirements Commercial truck drivers are required to log their activities while working, including breaks taken and results of inspections. Many commercial vehicles are now set up to record information automatically to comply with requirements. Inspection Requirements One of the most important sets of federal requirements involves inspections of vehicles. Regulations require drivers or other truck company employees to ensure that equipment is working properly at intervals. This includes: Lights Brakes Windshield wipers Mirrors Engine components If any component of the vehicle is not operating correctly, operators are required to file a report and take corrective actions. However, drivers under pressure to stay on schedule can be tempted to skip inspections or ignore problems. Size Restrictions Federal rules set limits on the length and weight of vehicles, and these can set restrictions on when and how a truck can operate. For example, if... --- - Categories: Trucking Accidents Attorneys who handle significant numbers of truck accident cases in Tallahassee have noticed some new trends with regard to truck accident lawsuits. While an experienced attorney will be aware of the changing focus and new requirements, it is helpful for anyone who may have a truck accident claim to be aware of the trends as well. Becoming informed about your rights, legal options, and the tasks needed to obtain recovery is the first step toward succeeding with a truck accident claim. Here are some recent trends to keep in mind. The Increase in “Nuclear” Verdicts The U. S. Chamber of Commerce Institute for Legal Reform reports a sharp increase in the number of truck accident lawsuits where victims received more than $10 million in damages. They refer to these as “nuclear” verdicts. Comparing data over decades, the research team noted that within recent years, incidents of truck accident cases with multi-million dollar verdicts or settlements have “skyrocketed. ” It has become more common for truck accident lawsuits to involve liability from more interested parties as well. While these are nationwide trends, the impact is particularly noticeable in the Tallahassee area because of the increase in both commercial and private traffic on the roads. Investigations and Claims Increasingly Rely on New Forms of Technology Technology is changing all aspects of our lives, and truck accident litigation is no exception. Trucking companies are using a variety of tech tools to monitor trucks and track driver behavior. Among these tools are electronic logging devices that record the number of hours drivers work to ensure that they are complying with regulatory limitations. Many trucking companies also use video cameras and telematics to keep track of driver actions in real-time. When an attorney is able to access information obtained through these tech tools, it can provide valuable evidence of driver action (or inaction) in a truck accident case. However, it is important to be aware of privacy concerns to avoid restrictions on the use of this type of evidence. The wealth of new technology and data it provides is shifting the focus of truck accident litigation. Analysts are able to determine how braking patterns, vehicle speed, and driver action before the accident lead to the collision. Companies sometimes use artificial intelligence to analyze data, identify patterns, and assess liability. Defense tactics have become more sophisticated, and attorneys representing victims need to understand and use increasingly data-driven arguments to demonstrate causation and override defense claims. Increased Focus on Training and Fatigue Management for Drivers All the technological advances so far have not been able to change the fact that errors by truck drivers continue to be a primary cause of truck accidents. In an effort to reduce accidents and limit their liability, trucking companies are putting more effort into programs to ensure that drivers have proper training and that they are not driving while overworked or fatigued. As trucking companies point to their programs to support arguments that they should not be held liable for accidents, attorneys need to spend more time analyzing the effectiveness of programs so that companies are not able to shift all of the blame onto the individual drivers. Federal regulations also set limits to decrease the odds of fatigued drivers causing accidents because of too many hours on the road. Attorneys monitor changes in the laws as well as compliance in a particular case to see whether a driver was putting others at risk by exceeding the limits. More Cases are Being Resolved Through Alternative Dispute Resolution Another trend in truck accident cases is the use of alternative dispute resolution methods... --- - Categories: Firm News, Press Releases FOR IMMEDIATE RELEASE West Palm Beach, FL—August 20, 2024--Searcy Denney Scarola Barnhart & Shipley is thrilled to announce that 24 of our incredible attorneys have been recognized as "Best Lawyers in America" for 2025. This prestigious honor reflects the exceptional skill, unwavering dedication, and relentless pursuit of excellence that define our team. The honored attorneys include Chris Searcy, Jack Scarola, Greg Barnhart, Ted Babbitt, Sia Baker-Barnes, Hardee Bass, Laurie Briggs, Brian Denney, Brenda Fulmer, Mariano Garcia, James Gustafson, Jack Hill, Joe Johnson, Cameron Kennedy, Andrea Lewis, Edward Ricci, Matt Schwencke, Carter Scott, Chris Speed, Karen Terry, DJ Ward, Cal Warriner, and Lindsay Reinhart. In addition to this recognition, Best Lawyers also selects a "Lawyer of the Year" in specific practice areas. We are proud to announce that two of our Tallahassee office attorneys, James Gustafson and Cameron Kennedy, received this prestigious award. James was recognized for his exceptional work in Mass Tort Litigation/Class Actions - Plaintiffs, and Cameron was honored for his leadership in Product Liability Litigation - Plaintiffs. Additionally, in our West Palm Beach office, Jack Scarola was awarded "Lawyer of the Year" for Medical Malpractice Law - Plaintiffs, and Greg Barnhart was recognized in Personal Injury Litigation - Plaintiffs, further highlighting their excellence and leadership in their respective fields. We are also excited to recognize the attorneys named as "Ones to Watch," an award that highlights promising young lawyers who have demonstrated outstanding professional excellence early in their careers. This year, Juan Diaz, Jordan Dulcie, Adam Hecht, Yasmeen Lewis, Guy Murphy, David Vitale, and Boris Zhadanovskiy have been selected for this honor, showcasing the bright future of our firm. For over 40 years, Best Lawyers has been esteemed by both legal professionals and the public as a premier benchmark for legal integrity and distinction in the United States. Consequently, being recognized by Best Lawyers is a testament to exceptional practice. The "Best Lawyers in America" list is compiled based on an exhaustive peer-review process, highlighting the leading legal professionals in various practice areas across the country. Our attorneys’ inclusion in this list is a testament to their outstanding contributions, not only to our firm but also to the broader legal community. "We are immensely proud of each attorney who has been recognized this year. Their commitment to delivering the highest standard of legal services is evident in their daily work and the remarkable results they achieve for our clients," said Founding Partner Chris Searcy of Searcy Denney Scarola Barnhart & Shipley. "This achievement underscores the exceptional talent we have at our firm and our ongoing dedication to excellence in the legal profession. " Our recognized attorneys come from a diverse array of practice areas, showcasing the breadth and depth of our firm’s expertise. We are deeply grateful for their hard work, leadership, and the positive impact they continue to make within the firm and beyond. --- - Categories: Trucking Accidents Truck accident lawsuits are far more complicated than cases involving ordinary car accidents for a number of reasons. Because trucks are commercial vehicles, accidents tend to bring lawyers onto the scene with unbelievable speed, and accident victims can end up forfeiting their rights before they have a chance to understand what those rights are. Because the trucking company will bring in a team of experienced attorneys, it only makes sense for accident victims to obtain their own legal advisors as soon as possible after an accident. Our experienced attorneys understand the tactics the defense lawyers and insurance companies use to trick victims into saying or doing something that can jeopardize their right to recover damages for their injuries, and they know how to safeguard the rights of victims. Once you waive a right—even without meaning to—that right can be lost forever. So, it is vital to understand your rights after a truck accident in Tallahassee. Securing guidance and representation from a skilled attorney is the most effective way to protect your rights and provides you with an advisor who can explain your rights in detail. If you have not yet chosen an attorney, here are some general guidelines regarding the rights of victims in truck accident lawsuits. You Have the Right to Talk to an Attorney Before You Answer Questions from the Trucking Company Insurance companies and investigators who work for the trucking company will often try to contact accident victims early and often. While they have a legitimate right to gather information about the truck accident, that is only part of the reason they start calling. They want accident victims to say something that can be used to deny liability or limit the value of a claim. They are very skilled at seeming friendly and sympathetic, and that is one reason their tactics are so often successful. An experienced truck accident lawyer will know how to avoid potential pitfalls and provide the information the investigators are entitled to have without saying anything that could jeopardize the victim’s right to recovery. When you start working with an attorney soon after your accident, you can allow your lawyer to handle the questioning, protecting your rights and allowing you time in peace to focus on your recovery. You Have the Right to Investigate the Factors That Caused the Accident To recover damages for losses suffered in a truck accident, you need to present evidence to show that another person’s negligence, recklessness, or deliberate wrongdoing caused the accident and your injuries. It takes time and intense investigation to obtain this evidence, but you have the right to undertake the investigation. The trucking company will not willingly give up information that could lead to a finding of liability. However, you have the right to use legal discovery tools to request information, and you have the right to seek evidence, such as footage from traffic cameras that could show the incidents leading up to and during the accident. A seasoned truck accident lawyer will understand where to look for evidence, how to obtain it, and how to preserve it for use in negotiations or at trial. You Have the Right to Seek Medical Care Truck accidents often result in devastating injuries that can lead to long-term pain and diminish your ability to work, undertake daily activities, or even enjoy simple hobbies such as watching movies. It is important to get a prompt and thorough medical exam after a truck accident and to obtain follow-up care as needed so that you can work toward your maximum recovery. If you don’t have health insurance, your attorney may... --- - Categories: Car Accidents When you get injured in an auto accident in Florida, recovering the costs of your injuries is essential for protecting your health and your finances. You need to make sure you get the treatment you need, and you also need to make sure that you do not bear the costs of your treatment (along with your other injury-related costs) unnecessarily. Hiring an experienced Florida car accident lawyer is the first step in this process. When you hire a Florida car accident lawyer, your lawyer will carefully calculate the compensation you are entitled to recover, and your lawyer will gather the evidence needed to prove your legal rights. Several factors can influence the value of your auto accident claim, so it is critical to ensure that you have all of the evidence you need. 7 Factors that Determine How Much You Can Recover After an Auto Accident What are the factors that will influence the value of your auto accident claim? Here are seven key factors for determining how much you can recover: 1. Your Diagnosis Your diagnosis is a key factor for determining the value of your auto accident claim. The nature and severity of your accident-related injuries will play a direct role in determining not only the financial costs of the accident, but the non-financial costs as well. While the law does not assign specific dollar values to broken bones, concussions and other types of injuries; generally speaking, the more serious your injuries, the more you are entitled to recover. Another important factor in auto accident cases is Florida’s “no fault” auto insurance law. To file a claim outside of personal injury protection (PIP), you need to be diagnosed with a “significant” or “permanent” injury. If none of your injuries qualify as “significant” or “permanent,” then you will be limited to seeking coverage under your PIP policy—and most PIP policies have coverage limits of $10,000. But, if you have a “significant” or “permanent” injury, you can seek to recover all of your costs from the accident. 2. Your Medical Treatment Needs The nature and severity of your injuries will determine your medical treatment needs. Medical care can be incredibly expensive; and, even if you have health insurance, you could still find yourself paying thousands of dollars (if not more) out of pocket. No matter what, your PIP policy should apply, and you should be able to use this to help cover your treatment costs. If you have a claim outside of PIP, you can seek full coverage for your medical treatment needs—both now and in the future. Your emergency room bills, surgery costs, medications, and other treatment costs should all be covered. 3. Your Psychological or Psychiatric Treatment Needs If you are struggling with chronic pain, post-traumatic stress or any other effects of the accident that impact your mental health, your claim should include coverage for your psychological or psychiatric treatment needs. Many accident victims face mental health struggles during (and after) the recovery process, and it is important to make your mental health a priority. 4. Your Income and Benefits Auto accident victims in Florida who are unable to work due to their “significant” or “permanent” injuries are also entitled to just compensation for their lost earnings. Here, too, the amount you are entitled to recover is unique to you. You are entitled to just compensation for your lost income and benefits. So, the more you earn, the more you are entitled to recover for each day, week or month you are off the job. 5. How Long You Will Be Unable to Work The number of days,... --- - Categories: Car Accidents If you have a claim after an auto accident in Florida, it is up to you to make sure you receive the financial compensation you deserve. You need to take action promptly, but you also need to be very careful to avoid mistakes that could get in the way of recovering your financial and non-financial losses. What are the mistakes you need to avoid? Keep reading to find out from an experienced Florida accident lawyer. What Not to Do When You Have an Auto Accident Claim in Florida Protecting your legal rights after an auto accident in Florida starts with avoiding some all-too-common mistakes. Here are some examples of what not to do if you need to seek financial compensation for your accident-related injuries: 1. Do Not Ignore Your Pain or Other Symptoms First and foremost, if you are experiencing pain or any other symptoms after your accident, you should seek medical treatment as soon as possible. There are several reasons not to ignore pain or other symptoms after an auto accident, including: Your injuries could get worse or lead to unnecessary complications without prompt treatment; You may be suffering from internal injuries that require emergency medical care; and, If you don’t seek medical treatment promptly, it will be more difficult to prove that your injuries are accident-related. Proving that your injuries are accident-related is critical for recovering the financial compensation you deserve. If the auto insurance companies have valid grounds to dispute the cause of your injuries, they aren’t going to cover the costs of your treatment and recovery. 2. Do Not Wait to Contact Your Insurance Company Speaking of the auto insurance companies, you should not wait to contact your insurer. Your insurer will need to investigate the accident in order to process your claim; and, here too, delays can lead to denials of coverage. Even if you believe the other driver (or someone else) was at fault in your auto accident, you still need to report the accident to your insurance company. Not only is this required, but this is also an essential step for securing personal injury protection (PIP) coverage. Under Florida’s “no fault” auto insurance law, you are entitled to PIP coverage under your policy regardless of who was at fault in your collision. 3. Do Not Underestimate the Costs of the Accident If you were injured in your auto accident, it will be important not to underestimate the costs of your injuries. Accident-related injuries can lead to substantial costs, including medical bills, costs for prescriptions and medical supplies, and lost earnings. Accident-related injuries can lead to long-term pain and suffering, permanent scarring, and other non-financial costs as well. If you have a liability claim outside of PIP, these are all costs that you can—and should—recover with the help of an experienced Florida accident lawyer. 4. Do Not Make Assumptions About Your Legal Rights Another all-too-common mistake you need to avoid is making assumptions about your legal rights. Too often, auto accident victims assume that either: Recovering the compensation they deserve from the insurance companies will be easy; or, There is no point in trying to file an insurance claim because the insurance companies are just going to refuse to pay. These assumptions can be equally costly. If you trust the insurance companies to treat you fairly, you are almost certainly going to be leaving money on the table—and you may end up having your claim unjustly denied. If you decide not to file an insurance claim, you will have no hope of recovering the financial compensation you deserve. 5. Do Not Misunderstand Your Auto... --- - Categories: Car Accidents If you have an auto accident claim in Florida, how long will it take to receive the financial compensation you deserve? Not only will settling your claim for just compensation ensure that you have the financial resources you need in the future, but it will also allow you to move on with your life. As a result, it is critical that you do everything you can to secure a fair settlement as quickly as possible, and this starts with hiring a Florida auto accident attorney to represent you. So, how quickly can you expect to obtain a settlement? The short answer is, “It depends. ” Several factors can impact the timeline of the settlement process—and, while some of these factors are in your control, others are not. Although the settlement process will be over in a matter of weeks or months in many cases, it can also take much longer. 7 Factors that Could Impact the Settlement Timeline of Your Auto Accident Claim If you need to seek financial compensation for an auto accident in Florida, here are seven factors that could play a role in determining how long it takes for you to receive a settlement: 1. Is It Clear Who was at Fault in Your Auto Accident? One of the first steps toward obtaining an auto accident settlement is proving that you are entitled to financial compensation. This means proving who was at fault (unless you are limited to filing a PIP claim, as discussed below). If it is clear that someone else was at fault in your auto accident, this could be a relatively straightforward and efficient process. But, if fault isn’t clear, it could take much longer to convince the insurance companies to accept responsibility. 2. How Severe Are Your Accident-Related Injuries? The severity of your injuries is an important factor as well. If your injuries are relatively minor, it may also be relatively easy to calculate your long-term costs. But, if your injuries are severe, then making sure you know how much you will need in the future could be a more difficult—and longer—process. 3. Are You Limited to Filing a Personal Injury Protection (PIP) Claim? Under Florida’s “no fault” auto insurance law, auto accident victims are limited to seeking coverage under their own personal injury protection (PIP) policies unless they can prove that they suffered a “significant” or “permanent” injury. Since PIP is “no fault” coverage (meaning your insurance company is supposed to pay regardless of fault), securing this coverage is typically quicker than seeking fault-based compensation. With that said, you should not assume that you are limited to filing a PIP claim, as your PIP insurance won’t cover all of the financial and non-financial costs of your injuries. 4. Do You Have a Claim Outside of Auto Insurance? In addition to determining whether you have an auto insurance claim outside of PIP, you also need to determine if you have a claim outside of auto insurance entirely. Do you have a claim against the other driver’s employer? Do you have a claim against an auto manufacturer for a vehicle defect? Do you have a claim against the government for an issue with the road? These are all claims that can provide access to additional compensation. But, they are also claims that can add to the settlement timeline. Ultimately, however, you need to focus on what is best long-term, and this means working closely with an experienced Florida auto accident attorney to ensure that you are seeking the full compensation you deserve. 5. Which Insurance Company (or Companies) Are Involved? The insurance company (or... --- --- ## Videos --- ## Attorneys Forrest Stephanie “Stephanie” Barnhart worked with a prestigious international law firm in New York and clerked for Judges Robert M. Gross and Martha C. Warner in Florida’s Fourth District Court of Appeals before becoming an Associate with Searcy Denney Scarola Barnhart & Shipley, P. A. She represents injured clients related to medical malpractice, sexual assault, motor vehicle crashes, and more. Ms. Barnhart graduated with honors from Dartmouth College, where she was one of five students selected to be a Presidential Fellow. She earned her law degree from The Cornell Law School, where she was an Honors Fellow selected to help teach first year law students, an Editor of the Cornell International Law Journal, and a member of the Moot Court Board. Ms. Barnhart also participated in the New York Pro Bono Scholars Program, helping indigent children who would not otherwise have representation. A member of the Florida Bar and the New York Bar, Ms. Barnhart is also admitted to practice in the Southern District of Florida and the Middle District of Florida. Ms. Barnhart has been named a Super Lawyer 2024 “Rising Star” by Reuters, and a “Top 40 Under 40 Trial Lawyers in Florida” by The National Trial Lawyers for civil plaintiff law. She is an active member of the Florida Justice Association, the American Association for Justice, the Florida Association for Women Lawyers, the Palm Beach County Justice Association, and the Palm Beach County Bar Association. She also serves on the Board of the Cornell Law Young Professionals Network, as well as the Dartmouth Lawyers Association. Ms. Barnhart, the daughter of two attorneys, grew up in Palm Beach County and now lives in the northern part of the county with her husband, Travis Kuster. She enjoys running, biking, and spending time with her family and their Boston Terrier, Winnie. --- VICTORIA MESA-ESTRADA is a trial attorney, who has litigated cases throughout the state of Florida and other states. She pursues personal injury, sexual abuse, wrongful death, and medical malpractice claims on behalf of injured victims. Prior to joining the firm, she spent over one decade working as a public interest attorney representing low wage agricultural and immigrant workers, filing several successful class actions on behalf of underpaid and exploited low wage workers and obtaining a $17. 4 million verdict for sexual harassment, recorded as the largest in Florida history against an agricultural employer. Ms. Mesa-Estrada has also handled many notable cases throughout her legal career and was recently one of the three Searcy law attorneys that led a team of six law firms from around the country in obtaining a $38. 3 Million jury verdict in federal Court against a major U. S. Corporation. In re: CHIQUITA BRANDS INTERNATIONAL, INC. ALIEN TORT STATUTE AND SHAREHOLDER DERIVATIVE LITIGATION, a jury found that the U. S. Corporation was accountable for their role and complicity in funding paramilitary groups in Colombia during the late 1990s, which resulted in the deaths of thousands of innocent Colombians. A zealous advocate for gender equality and immigrant justice, Ms. Mesa-Estrada is the current President of the Palm Beach Chapter of the Florida Association For Women Lawyers, Board member of the Palm Beach County Bar Association and a past-president of the Palm Beach County Hispanic Bar Association. She is the Vice-President of the Florida Council Against Sexual Violence, a statewide organization committed to victims and survivors of sexual violence. She has served a four-year term on the Federal Judicial Nominating Conference for the Southern District of Florida (2020-2024) vetting candidates for Federal Judicial District vacancies. In addition, she is an active member of the Florida Justice Association, the American Association for Justice, and the National Employment Law Association. Ms. Mesa-Estrada was born in Colombia, and moved to Florida as a teenager with her parents, allowing her to earn her bachelor’s degree in Political Science and International Relations from Florida International University. In 2008, she earned her law degree from St. Thomas University School of Law, where she also earned a Master of Laws in Intercultural Human Rights, cum laude. She is admitted to practice in all Florida state courts, as well as in the United States District Courts for the Southern, Middle and Northern Florida, and the Federal 11th Circuit Court of Appeals. She is a member of The Florida Bar, where she serves on the Federal Practice and Leadership Academy Committees. Ms. Mesa-Estrada and her family reside in Palm Beach County. She is an avid runner and marathoner. --- BRIAN PATRICK SULLIVAN has provided counsel and support to clients throughout Florida who have suffered serious injuries or lost loved ones because of the negligent, careless, or unlawful actions of others. As a trial lawyer with extensive experience in insurance law and coverage issues, he has achieved substantial verdicts and settlements for claims arising from automobile accidents, defective and dangerous products, medical malpractice, and other personal injury and wrongful death tragedies. Mr. Sullivan was born in Lowell, Massachusetts, and attended St. John’s Preparatory School in Danvers, then the Massachusetts State University at Salem. After graduation, he enlisted in the United States Army Reserve, attaining the rank of Infantry Sergeant. Following his discharge, he graduated from the Massachusetts School of Law at Andover and established a private firm that provided investigative services to attorneys and insurance companies in the Boston area. In 1999, Mr. Sullivan relocated to Florida and joined Searcy Denney as a paralegal, where he continued to work while earning a juris doctorate, cum laude, in 2008 from the Shepard Broad Law Center at NOVA Southeastern University. He opened his own law firm, Sullivan Law, P. A. , in West Palm Beach in 2015 and rejoined the attorneys at Searcy Denney in 2021. Consistently earning top rankings and endorsements, Mr. Sullivan has been named one of Florida’s Outstanding Young Lawyers and recognized by Super Lawyers as a Florida Rising Star. He was a volunteer advocate of the Palm Beach County Commission on Ethics in 2015 and was appointed to the Palm Beach County Bar Association Committee on Professionalism in 2017. He continues to serve as a member of the Palm Beach County Bar Association Personal Injury/Wrongful Death Committee, where he is a past chairman, and has been a long-time active member of sections and committees with the American Bar Association, the American Association for Justice, and the Florida Justice Association. Mr. Sullivan is admitted by examination to the State bars of Florida, Maine, Massachusetts, and New Hampshire and is admitted to practice in the United States District Courts of Massachusetts, New Hampshire, Maine, and the Southern, Middle and Northern Districts of Florida. He is also admitted to the United States Court of Appeals 1st Circuit and 11th Circuit, and to the United States Court of Appeals for the Armed Forces. --- GAETANO “GUY” MURPHY is a Jupiter, Florida native who joined Searcy Denney in 2021. He focuses on representing victims and their families in medical negligence, motor vehicle accident, wrongful death, sexual assault and battery, and premises and product liability cases. Previously, Mr. Murphy worked with the West Palm Beach plaintiff’s law firm of Babbitt and Johnson, P. A. , where he helped hundreds of clients seek justice in medical malpractice, vehicle accident and other personal injury cases. A number of cases he has worked on have resulted in recoveries in excess of $1 million and have been noted in national and local media. Mr. Murphy invests in each client a personal commitment to listening and exploring every detail of a case. With motor vehicle accidents, for example, he often takes his own detailed photos of the crashed vehicles’ structural components, a skill he attributes to tearing down and restoring cars and motorcycles during his college years. After receiving his J. D. degree from Nova Southeastern University Shepard Broad Law School, Mr. Murphy was admitted to The Florida Bar in 2016. He earned his undergraduate degree in criminal justice from Florida Atlantic University, where he minored in business, business law and real estate finance. Mr. Murphy is a member of the Florida Bar Association, the Florida Justice Association, and the Palm Beach County Bar Association. --- CLELL CALVIN WARRINER IV works with Chris Searcy’s team, representing victims of catastrophic personal injury, products liability, wrongful death, medical malpractice and premises liability. He is a fourth-generation Florida lawyer, following in the footsteps of his father, a Shareholder at Searcy Denney, and his uncle, grandfather, and great-grandfather. Some of his fondest childhood memories are roaming the halls of Searcy Denney and playing on the lion statues at the West Palm Beach office front door. After earning an undergraduate degree at Auburn University, Mr. Warriner worked in Searcy Denney’s mass tort unit for three years, then founded a medical consulting business. As CEO of that company, he assisted plaintiff law firms across the country with their complex medical records needs, helping them recover more than $6 billion for their clients. Mr. Warriner attended Stetson University College of Law, graduating in 2020 with both Juris Doctor and Master of Business Administration degrees. He received the award for the highest grade-point average in the school’s JD/MBA program. Mr. Warriner is a member of the American Association of Justice, the Florida Justice Association, The National Trial Lawyers, and the Young Lawyers Section of the Palm Beach County Bar Association. --- THEODORE (TED) BABBITT is a former managing partner at Babbitt & Johnson, P. A. who for the past five decades has represented individuals in personal injury, wrongful death, and commercial cases. In 1970, he obtained the first verdict in Palm Beach County for a plaintiff in a medical malpractice case; in 1975, he obtained the first jury verdict in Palm Beach County in excess of one million dollars. When Mr. Babbitt was 17 years old he joined the U. S. Marine Corps and still managed to be sworn in as an attorney at age 23. He earned a B. A. with honors from the University of Florida in 1963 and received his J. D. from the University of Florida Levin College of Law in 1965. In the ensuing years, he has written more than 100 articles that have appeared in national and local publications. He was selected by his peers for inclusion in The Best Lawyers in America© 2021, in which he has been listed since 1987. Since 1975, Mr. Babbitt has been a member of the Inner Circle of Advocates, an invitation-only membership limited to 100 of the top plaintiff lawyers in the United States. He is a fellow of the International Academy of Trial Lawyers and The American College of Trial Lawyers and has been selected as a Florida Super Lawyer since 2006. He is a former president of the Palm Beach County Bar Association, where he has also held several other leadership positions over the years. Mr. Babbitt is a commercial pilot and flight instructor who has logged more than 4,500 hours since 1969. He is rated for single- and multi-engines as well as gliders and holds certification from Flight Safety International. He has volunteered as an Angel Flight pilot to help sick people get needed treatment. --- JOSEPH JOHNSON is a Florida Board Certified Civil Trial Lawyer with extensive experience litigating difficult and complex cases. Over the last 38 years, he has represented victims and their families in a wide range of personal injury cases, including medical malpractice, products liability, consumer protection, defective medical devices and automobile and trucking accidents. Mr. Johnson is a third generation lawyer who has been recognized as a Florida Super Lawyer since 2006. He has been selected by his peers for inclusion in The Best Lawyers in America© 2021 and has been listed in Best Lawyers since 2014. He was graduated from the Florida State University with a Bachelor of Science degree and went on to earn a Doctor of Jurisprudence degree at the Florida State University College of Law. A South Florida native, Mr. Johnson has long been active in legal and professional associations and in local community organizations. He is admitted to practice before the United States Supreme Court and the United States District Court for the Southern and Middle Districts of Florida. He is also a member of the Palm Beach County Bar Association, the Palm Beach County Justice Association, The Florida Bar, the American Association for Justice, and the American Bar Association. --- JUAN C. DIAZ AVILA has devoted his legal career to the litigation of personal injury, premises liability, wrongful death, negligent security and products liability claims, representing his clients in both state and federal courts from inception of the case through trial. As a native Spanish speaker, he is especially well equipped to understand and serve the needs of the Latino community. Before joining Searcy, Denney, Scarola, Barnhart, & Shipley, P. A. Mr. Diaz Avila worked with the largest insurance defense law firm in Florida, where he defended personal injury lawsuits on behalf of some of the most established insurance companies. He now applies this knowledge of the inner workings of the insurance industry to obtaining compensation for injuries caused by the negligence of others. Mr. Diaz Avila was born in Bogota, Colombia, and moved to Florida at age 21. He earned his undergraduate degree cum laude from Florida International University, majoring in international relations. He went on to earn his Juris Doctor from Florida International University College of Law, where he excelled in legal writing and advocacy classes. Mr. Diaz Avila is admitted to practice in the State of Florida and the United States District Courts for the Middle and Southern Districts of Florida. He is a member of the Palm Beach County Hispanic Bar Association, the Florida Justice Association, the Palm Beach County Bar Association, and the American Bar Association. To learn more about Juan C. Diaz Avila, see: Best Lawyers in America (Florida) --- LINDSAY M. REINHART has concentrated her practice on tobacco litigation, first as a law clerk in Searcy Denney’s tobacco litigation department and then as an Associate attorney with the firm since 2018. She is admitted to practice in the State of Florida in all jurisdictions and is a member of the Florida Justice Association, the Florida Association for Women Lawyers and the American Association for Justice. While pursuing an undergraduate degree in English at the University of Florida, Ms. Reinhart served in Washington, D. C. , as a summer intern for former U. S. Senator Bill Nelson. She was awarded her Juris Doctorate degree from the University of Georgia School of Law, where she was a member of the editorial board of the Journal of Intellectual Property Law, was treasurer of the Student Animal Legal Defense Fund, and was a member of the Women Law Students Association and Phi Alpha Delta law fraternity. She was an annual recipient of a Law School Association scholarship. A Treasure Coast native, Ms. Reinhart graduated with honors from the International Baccalaureate program at Lincoln Park Academy in Fort Pierce. In high school, she volunteered at the Office of the State Attorney in St. Lucie County. Since then, her passion for community service has led her to volunteer at St. Francis House in Gainesville, Habitat for Humanity in Athens, Georgia, and the Armory Art Center Summer Camp in West Palm Beach. She has initiated several successful large-scale projects to further children’s literacy. A skilled chef, Ms. Reinhart earned a degree from Le Cordon Bleu College of Culinary Arts in Atlanta and spent a year working as a line chef at one of the country’s premier steak restaurants. To learn more about Lindsay M. Reinhart, see: National Trial Lawyers Top 40 Under 40 --- JORDAN A. DULCIE has personally secured for clients over $50 Million dollars in settlements and trial verdicts in his career. Most recently in 2024 securing a $5. 1 Million-dollar medical malpractice verdict. Mr. Dulcie began his legal career as a trial lawyer defending hospitals and medical providers before transitioning to representing victims of medical negligence. His practice areas include not only medical malpractice, but automotive accidents, products liability, nursing home and assisted living cases. From 2019 -2021 he was selected by Palm Beach Illustrated magazine as a top lawyer in the area of medical malpractice, and Florida Super Lawyers Magazine has listed him as a “Rising Star” from 2021-2025. Mr. Dulcie was also selected by Best Lawyers in America Ones to Watch from 2023-2025. Born locally in Palm Beach Gardens, Mr. Dulcie graduated with honors from the International Baccalaureate program at Suncoast High School. In high school, he played baseball and football, received the Gold Congressional Award for Youth from the U. S. Congress, and earned the ranking of Eagle Scout from the Boy Scouts of America. Mr. Dulcie attended Florida State University as a Bright Futures scholar, where he was actively engaged in service and leadership on campus as a Service Scholar. He was a walk-on wide receiver for the Florida State Seminoles football team, earning a championship ring at the team’s 2010 Bowl Game and an ACC All-Academic Award. He earned a Bachelor of Science Degree in Political Science and Criminology in 2012. Mr. Dulcie continued his post-graduate studies in law at the Nova Southeastern University, graduating with a Juris Doctor in 2015. While in law school, he was the Associate Executive Editor of the ILSA Journal of International & Comparative Law and an intern with Searcy Denney. He also interned with the United States Attorney’s Office for the Southern District of Florida, where he was involved in a variety of federal civil cases. Mr. Dulcie is admitted to practice in the State of Florida in all jurisdictions, as well as the United States District Court for the Southern District of Florida and the United States District Court for the Middle District of Florida. He is an active member of The Florida Bar, Palm Beach County Bar Association, Broward County Bar Association, American Bar Association, and Florida Justice Association. He also serves on the board of directors of the Medical Rights Association. As an attorney with Searcy Denney, Mr. Dulcie shares the firm’s commitment to civic responsibility and leadership by vigorously representing victims of catastrophic personal injury resulting from medical malpractice, motor vehicle accidents, and premises, professional, and products liability. --- DAVID P. VITALE JR. is a first-chair trial lawyer who has tried cases to verdict in both state and federal court. During his near decade long tenure with the Firm, Mr. Vitale has achieved verdicts and settlements totaling tens of millions of dollars on behalf of his clients. Mr. Vitale has been nationally recognized for these achievements by Best Lawyers in America and Super Lawyers (Rising Stars), the two premier peer-reviewed lawyer ranking systems in the country. He has also been recognized by his local peers as a Palm Beach Illustrated Top Lawyer and a Jupiter Magazine Top Lawyer. While Mr. Vitale regularly handles personal injury, wrongful death, and medical malpractice claims on behalf of injured victims, he also serves as one of the Firm’s leading Commercial Litigators. In one of his more recent trials, Mr. Vitale represented a landowner in connection with the failed closing on a multi-million dollar piece of residential property in Palm Beach County. As a former Certified Public Accountant, Mr. Vitale has a unique business perspective in handling all cases and strives to develop strategies that are efficient, effective, and specifically tailored to each client’s individual needs. Mr. Vitale is admitted to practice in all Florida state courts, as well as in the United States District Courts for the Southern and Middle Districts of Florida. He is also an active member of the Florida Bar and is a member of both the Standing Committee on Professionalism (SCOP) and the 15th Judicial Circuit Grievance Committee ‘A’. Mr. Vitale is also regularly involved in the Palm Beach County Bar Association and serves as a Co-Chair of that organization’s Professionalism Committee. Prior to his legal career, Mr. Vitale graduated summa cum laude from Boston College Law School, where he was the salutatorian of his class. While in law school he was a member of Boston College’s award-winning national moot court team and completed a judicial externship with The Honorable George A. O’Toole, Jr. of the United States District Court for the District of Massachusetts. Mr. Vitale completed his undergraduate studies at The George Washington University, from which he also graduated summa cum laude. Mr. Vitale is also an active member of the community and serves as a board member of the Boys & Girls Club of Delray Beach. Most important, he is a husband and the proud father of two (soon to be three) young children. --- CARTER W. SCOTT is licensed to practice in both Florida and Georgia and has been admitted pro hac vice to handle cases in various states throughout the country. He maintains a practice focused on wrongful death and serious injury cases resulting from brain injury, spinal cord injury, burns and catastrophic orthopedic injuries. He has represented clients in all types of complex litigation, with a focus on large personal injury lawsuits, including trucking collisions, products liability, medical negligence, cases involving policyholder insurance coverage matters, and related complex commercial disputes. Having litigated and tried numerous cases to verdict in both federal and state courts, Mr. Scott has obtained substantial multi-million dollar recoveries for his clients. At the age of 28, he became one of the youngest attorneys in the United States admitted to both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Mr. Scott has been included in Best Lawyers®, a peer reviewed publication recognizing the top 5% of lawyers in the United States in private practice and has been named one of the Top 40 under 40 trial lawyers by The National Trial Lawyers, a professional organization comprised of America’s top trial attorneys. His recognition in the legal community has also earned him distinctions by Florida Super Lawyers as a Rising Star and as Florida Trend magazine’s Legal Elite Up & Comer. Before joining Searcy Denney, Mr. Scott worked as a Certified Legal Intern in the Office of the State Attorney in the 2nd Judicial Circuit, where he tried numerous misdemeanor and felony cases to verdict. Born and raised in Columbia, South Carolina, he also served as a summer law clerk for a senior judge on the South Carolina Court of Appeals. Mr. Scott earned his J. D. from the Florida State University College of Law, where he was selected as a member of the College of Law’s trial team and accepted a scholarship to study at St. Edmund Hall in Oxford, England. During his second year of law school, he was one of 12 graduate students appointed by the Governor to serve a year-long term as a Gubernatorial Fellow in the Executive Office of the Governor. For his commitment to pro bono work in law school, the College of Law recognized Mr. Scott with the Distinguished Pro Bono Services Award. Mr. Scott earned a Bachelor of Arts degree in government from Dartmouth College. While at Dartmouth, he played middle linebacker on their NCAA Division I-AA Ivy League football team, served as a member of the college’s Honor Council (Committee on Standards), and served as an editor of the Dartmouth Law Journal. Mr. Scott is actively involved as an Eagle member of the Florida Justice Association and currently serves on its Board of Directors, having also served as Past President for the Florida Justice Association, Young Lawyer Division. He also serves on the Board of Directors of the Tallahassee Bar Association, Young Lawyers Section. He is a member of The Florida Bar, The Georgia Bar, The Georgia Trial Lawyers Association, the American Association for Justice, the Capital City Justice Association, and the Dartmouth Lawyers Association. To learn more about Carter Scott, see: Best Lawyers in America (Florida) The Dynamite Team Behind Searcy Denney’s Tallahassee Office --- ANDREA A. LEWIS is a Shareholder and experienced trial lawyer who frequently handles high profile cases, including sexual assault, sexually motivated crimes and crimes against children. She is also the President of the Palm Beach County Bar Association. Ms. Lewis has made appearances on Court TV as a legal analysis and law enforcement expert, as well as Law & Crime Network. She has been quoted in national and international publications, including USAToday, FoxNews, CNN, ESPN, DailyMail, Barrons, Le Monde and many others. As a former felony prosecutor and current civil litigator, Ms. Lewis has a wealth of trial experience and has conducted over 85 jury trials. Additionally, Ms. Lewis recently won the 2024 Palm Beach Post Community Choice Awards and received the coveted title of Best Personal Injury Attorney. She is also the immediate past President of the Palm Beach County Bar Association. Ms. Lewis has handled many notable cases, including an $8,500,000 jury verdict against a medical concierge company whose doctor caused a woman to lose part of her leg. In the last two years, Ms. Lewis has recovered over $12,000,000 for survivors of sexual assault and abuse. Due to her experience prosecuting and handling sexually motivated crimes, Ms. Lewis is familiar with law enforcement practices and investigations, including those involving children. Through her representation of child athletes, Ms. Lewis is one of only a few attorneys who has experience representing children through the U. S. Center for Safesport’s arbitration and hearing process since Congress created the organization in 2020. Prior to joining the firm, Ms. Lewis was the Deputy Chief of the Palm Beach County State Attorney’s Office where she led a department of approximately 30 prosecutors. While working at the State Attorney’s Office, Ms. Lewis handled thousands of cases, including murders, sexual assaults, armed home invasions, child sexual abuse, DUI resulting in serious injury/death, bank robberies, and many other violent felony offenses. She fought tirelessly to get the victims and survivors of crimes the justice that they deserved while working to ensure that violent criminals were taken off the streets and sent to prison. Since 2018, Ms. Lewis has been selected as one of the Best Lawyers in America and as Palm Beach Illustrated’s Top Lawyers for Medical Malpractice and Personal Injury. Ms. Lewis has also been consistently recognized as National Trial Lawyer’s Top 40 Under 40 and she has been selected to receive the Super Lawyers designation each year since 2021. In 2014, Ms. Lewis was selected Young Lawyer of the Year by the Palm Beach County Bar Association. Ms. Lewis has also taken a strong leadership role in the Palm Beach County legal community. In 2024, she was elected President of the Palm Beach County Bar Association, where she has served on the Board of Directors since 2017. She is a past President of Palm Beach County Bar Association’s Young Lawyers Section and is a frequent speaker at local Bar Association events, recently serving as a panelist at the county’s annual Bench Bar Conference. In addition to her volunteer work with legal organizations, Ms. Lewis is a member of the Junior League of the Palm Beaches, where she is a former Vice President and member of the Executive Board. Ms. Lewis earned two undergraduate degrees from Florida State University – one in finance, the other in real estate – and graduated with honors. She received her Juris Doctorate from the Florida State University College of Law, where she was a member of the school’s prestigious mock trial team. To learn more about Andrea A. Lewis, see: Andrea Ann Lewis Inducted as Palm Beach County Bar... --- MATTHEW K. SCHWENCKE earned his law degree from Stetson University College of Law, where he was a member of Stetson’s award-winning moot court board. While in law school, he served as intern to a federal magistrate judge and also prosecuted misdemeanor criminal offenses as an Certified Legal Intern for the Pinellas County State Attorney’s office. As an undergraduate, Mr. Schwencke attended the University of Florida on a Bright Futures Scholarship; he graduated with honors. A Palm Beach County native, Mr. Schwencke is admitted to practice in all jurisdictions in the State of Florida and has been admitted to the United States District Court for the Southern and Northern Districts of Florida. He is a member of The Florida Bar, the Florida Justice Association, the Palm Beach County Bar Association, the Palm Beach County Justice Association, The National Trial Lawyers Top 40, and the American Board of Trial Advocates. Mr. Schwencke is recognized by The Florida Bar as a Florida Board Certified Civil Trial Lawyer. This distinction recognizes his special knowledge, skill and proficiency in civil trial law as well as his professionalism and ethics in his law practice. As a member of ABOTA, an invitation-only national association of experienced trial lawyers and judges, he is dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U. S. Constitution. ABOTA membership consists of more than 7,600 lawyers—equally balanced between plaintiff and defense—and judges, spread among 96 chapters in all 50 states and the District of Columbia. Members must have at least five years of active experience as trial lawyers, have tried at least 10 civil jury trials to conclusion, and possess additional litigation experience. ABOTA members must also exhibit the virtues of civility, integrity and professionalism. Mr. Schwencke’s achievements as a trial lawyer have also been recognized by his peers. He has been selected as one of the Best Lawyers in America, a Florida Super Lawyer, Legal Elite by Florida Trend magazine, and was honored to be named one of the top 40 trial lawyers under the age of 40 by The National Trial Lawyers. In 2024, the Miami Herald recognized Mr. Schwencke as one of the best car accident lawyers in West Palm Beach. Mr. Schwencke was inducted into the Florida Verdicts Hall of Fame as a result of his verdict in excess of $12 million in the case of the Estate of Andrew Connor Curtis v. Villas on the Green Condominium Association, et al. He obtained the largest surgical error verdict in the State of Florida in 2017 in the case of Haley vs. Hyland, MD. Mr. Schwencke’s verdict in the case of Gray v. Iakovidis, MD was recognized by Courtroom View Network as one of the Top 10 Most Impressive Plaintiffs’ Verdicts and one of the top 100 medical malpractice verdicts in the United States of America in 2018. His 2019 verdict in the case of Roland vs. Waffle House was one of the top 40 slip-and-fall verdicts in the State of Florida that year. His success continued in 2021 when his verdict in the case of Rosenberg v. Muhletahler, MD was recognized by Courtroom View Network as one of the Top 10 Most Impressive Plaintiff’s Verdicts in the United States that year. In 2023 Mr. Schwencke’s verdict in the Estate of Hershkowitz vs Rodriguez, MD was again recognized as one of the top verdicts in the state. As a Shareholder with Searcy Denney, Mr. Schwencke represents victims of catastrophic personal injury and wrongful death involving medical malpractice, nursing home abuse and neglect, assisted living facility abuse and neglect,... --- CALVIN WARRINER III (Cal) has been with the firm for 32 years and has been a Shareholder since 1991. He joined the firm as a seasoned trial attorney and is Board Certified as a Civil Trial Lawyer by both The Florida Bar and the National Board of Trial Advocacy, as well as being a Diplomate of the American Board of Professional Liability Attorneys. He has been nominated by his peers and received the distinction of being included in the prestigious publication The Best Lawyers in America as well as Best Lawyers in Florida. He has been selected numerous times by the publication Super Lawyers as well as The South Florida Legal Guide as a top litigator. Mr. Warriner focuses his practice on defective drug and medical device cases and has served in leadership in the following coordinated cases: MDL 2004: IN RE: Mentor Corp. Obtape Transobturator Sling Products Liability Litigation, Co-Lead Counsel MDL 2197: IN RE: DePuy Orthopaedics, Inc. , ASR Hip Implant Products, Plaintiffs’ Steering Committee MCL 296: IN RE: Stryker Rejuvenate and ABG II Modular Hip Implant Litigation, Plaintiffs’ Steering Committee MDL 2044: IN RE: Stryker Rejuvenate and ABGII Modular Hip Implant Litigation, Plaintiffs’ Steering Committee MDL 2768 IN RE: Stryker LFIT V40 Femoral Head Products Litigation, Plaintiffs’ Steering Committee and Executive Committee MCL 624: IN RE: Stryker LFIT Anatomic CoCr V40 Femoral Heads Litigation, Plaintiffs’ Steering Committee MDL 2299: IN RE: Actos Products Liability Litigation, Science Committee MDL 2100: IN RE: Yasmin and Yaz Marketing, Sales Practices and Relevant Products Liability Litigation, Science Committee He also has substantial experience and has resolved numerous claims for clients involved in the following cases: Shoulder pain pumps Hormone replacement therapy Bausch & Lomb contact lens solution AMO contact lens solution Avandia Kugel hernia mesh Trasylol Biomet hip implants Zimmer Durom Cup hip implants Nuvaring birth control OrthoEvra birth control Meridian and Citation TMZF hips Stryker Rejuvenate & ABG II hip implants Yaz, Yasmin, Gianvi birth control Xarelto Pradaxa IVC filters Bard hernia mesh Wright Medical hip implants Mr. Warriner has served The Florida Bar in many ways since being admitted, including two terms on the board of governors of the Young Lawyers Section of The Florida Bar and, most recently, The Florida Bar Rules of Judicial Administration Committee. From 1988-2002 Mr. Warriner served on the Fifteenth Circuit Judicial Nominating Commission and was its chairman in 2002. Mr. Warriner is an honors graduate of the University of Florida Levin College of Law. To learn more about Calvin Warriner, see: Best Lawyers in America (Florida) --- DONALD J. “D. J. ” WARD III is a graduate of the University of Virginia and the University of Notre Dame Law School, where he earned his degree cum laude. At age 26, in his first jury trial, Mr. Ward obtained a verdict of $824,200, which was more than 13 times what the defendant had offered to settle the case. Mr. Ward is a board-certified civil trial lawyer who serves on Searcy Denney’s Executive Committee. His practice focuses on wrongful death and catastrophic injury cases resulting from medical negligence, automobile accidents, products liability, and premises liability. Since joining Searcy Denney, he has recovered in excess of $160 million dollars on behalf of his clients. At age 29, he was admitted into the membership of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Recently, in one month, Mr. Ward tried two cases in which he obtained verdicts that were 18 times more and 15 times more, respectively, than the offers made by the defense prior to trial. Mr. Ward is rated AV Preeminent, which is the highest peer rating standard given by Martindale-Hubbell. In 2022, Mr. Ward served as President of the Palm Beach County Justice Association (PBCJA), a countywide organization of 500 lawyers and paralegals committed to protecting victims of negligence and injustice and fighting for fair access to courts for all. He is listed in The Best Lawyers in America in the fields of medical malpractice, products liability, and personal injury, and is included in Palm Beach Illustrated’s Top Lawyers, the National Trial Lawyers Top 40 under 40 for the State of Florida, and the National Trial Lawyers Top 25 for Medical Malpractice in the State of Florida. Mr. Ward grew up in Virginia Beach and earned a bachelor’s degree in history and religious studies from the University of Virginia in Charlottesville. As an undergraduate, he studied abroad at the University of Oxford in England, where he researched and wrote about the health care systems of different countries. While a student at the University of Notre Dame Law School, Mr. Ward was vice president of the Student Bar Association, president of the Phi Alpha Delta Legal Fraternity, and a mediator with the Notre Dame Legal Aid Clinic. He also coordinated a course at Notre Dame that allowed law students to visit different cities and gain a better understanding of the pro bono possibilities available to them following graduation. Mr. Ward is admitted to practice in the State of Florida, the Commonwealth of Virginia, the District of Columbia, the Eleventh Circuit Court of Appeals, and the United States District Courts for the Northern, Middle, and Southern Districts of Florida and the Western District of Virginia. He is a Past President and current board member of the Palm Beach County Justice Association, an EAGLE member of the Florida Justice Association, and a former board member of the FJA Young Lawyers Section. He is also a member of the Palm Beach County Bar Association, American Bar Association, American Association for Justice, the Florida Supreme Court Historical Society, and the Notre Dame Law School Order of St. Thomas More. Mr. Ward lives in northern Palm Beach County with his wife, Abbey, and their children, Jack and Lilly. To learn more about Donald J. Ward III, see: Best Lawyers in America (Florida) Florida Super Lawyers – Rising Star National Trial Lawyers --- KAREN E. TERRY is a Shareholder at Searcy Denney Scarola Barnhart & Shipley, P. A. in West Palm Beach and has been with the firm close to 28 years. Recently, Ms. Terry is Florida Bar Board Certified in civil trial law as well as in health care and medical malpractice, which are the highest honors one can achieve. For the last 10 plus years in a row, she has been named as one of The Best Lawyers in America. Recently honored as one of the top-rated lawyers in health care in the United States, Ms. Terry also was selected as one of the Top 100 Lawyers in the country and Top 10 Best Female Attorneys in Florida. Courtroom View Network recognized Ms. Terry for Top Plaintiffs’ Verdicts in 2015 and the Daily Business Review recognized her for Top Plaintiffs’ Verdicts in 2019 and 2022. She received the highest honor awarded by the Daily Business Review as its 2016 Product Liability Litigation Lawyer of the Year. Ms. Terry was selected as The Lawyer of the Year, 2017, in Mass Torts Litigation/Class Actions by Best Lawyers in America. In 2018, she also became a Supreme Court Certified Circuit Mediator in Florida. Ms. Terry has tried many big cases, but in August 2007, she received a jury verdict of over $25 million in Polk County, Florida against Walgreens for misfiling a prescription. In 2013, she also received a jury verdict of over $12 million in Palm Beach County, Florida and was inducted into the Florida’s Verdicts Hall of Fame for this case. She achieved the first verdict in the U. S. against a medical concierge company for the negligence of its doctor in causing catastrophic consequences for a woman. Ms. Terry has been selected as one of the top five litigators by Florida Trend magazine and the South Florida Legal Guide. For the past 27 years she has been a member of the Florida Justice Association and the Palm Beach County Justice Association and has been active in her community. She recently was selected into the prestigious organizations the International Society of Barristers and the American College of Trial Lawyers. Ms. Terry is past President of the Palm Beach Chapter of the American Board of Trial Advocates and in 2022 received a very high honor of Trial Lawyer of the Year. Before joining Searcy Denney, Ms. Terry clerked for former Chief Judge Walter Colbath of the 15th Judicial Circuit. A native of South Florida, she graduated cum laude from Duke University in three years. She then graduated with honors and earned a master’s degree simultaneously from the University of Florida College of Law. To learn more about Karen E. Terry, see: Boca Raton Observer – Professionally Speaking Profile Karen Terry’s closing that set up $8. 5 M med mal false advertising verdict Best Lawyers in America, (Florida) Attorney at Law Magazine - Palm Beach County Super Lawyers Lawdragon 500 2023, The Plaintiff Issue --- CHRISTOPHER K. SPEED joined the firm as a Shareholder in 1994 after representing plaintiffs in Virginia for 20 years. He has spent his entire career pursuing justice for victims of personal injury, medical and legal negligence, aviation accidents and defective products. Mr. Speed is also a founding member of the Northern Virginia Plaintiff’s Bar Association, an organization of plaintiff lawyers dedicated to improving the ability of victims to pursue justice for their injuries. He often uses his experience as a licensed pilot to represent victims and their families involved in aircraft crashes. Mr. Speed is a member of the Florida Justice Association, formerly known as the Academy of Florida Trial Lawyers; the Virginia Trial Lawyers Association; and the American Association for Justice, formerly known as the Association of Trial Lawyers of America. A sought-after public speaker, he has lectured on civil injury trials and in the fields of plaintiff's personal injury and medical malpractice. Mr. Speed has been listed in The Best Lawyers in America for over 25 years. Mr. Speed received a Bachelor of Arts degree from Georgetown University and a law degree from the George Washington University Law School. To learn more about Chris Speed, see: Best Lawyers in America (Florida) --- EDWARD V. RICCI was born and raised in Palm Beach Gardens, Florida. He is a graduate of The Benjamin School (1997), Georgetown College (2001), and Georgetown University Law Center (2006). Since joining the firm in 2008, Mr. Ricci has successfully tried numerous personal injury and wrongful death cases to verdict and obtained significant settlements on behalf of his clients. He has advocated for his clients in complicated cases involving product defects, medical malpractice, automobile negligence, and premises liability. Mr. Ricci is a Florida Board Certified Civil Trial Lawyer. Board certified lawyers have met The Florida Bar’s highest standards for special knowledge, skills and proficiency in various areas of law and professionalism and ethics in the practice of law. Before attending law school, Mr. Ricci worked in Washington, D. C. as an auto safety policy analyst at Public Citizen, the nation’s oldest and largest non-profit consumer advocacy organization. While working for Public Citizen, he worked to strengthen federal motor vehicle safety standards and other consumer protection laws. Mr. Ricci is admitted to practice in the Northern, Middle, and Southern Federal District Courts in Florida. He is a member of The Florida Bar, Palm Beach County Bar Association, Palm Beach County Justice Association, Florida Justice Association, American Association for Justice, and Attorneys Information Exchange Group. He is an emeritus member of the Craig S. Barnard Inns of Court. Mr. Ricci has been selected by his peers for inclusion in The Best Lawyers in America© from 2012 through the present. To learn more about Edward V. Ricci, see: Best Lawyers in America (Florida) --- MARIANO GARCIA is a Florida Bar Board Certified Civil Trial Lawyer known for his unwavering dedication to his clients. With over 30 years of experience, he represents individuals in a wide range of personal injury cases involving catastrophic injuries and wrongful death, including traffic accidents of all types, aviation accidents, medical malpractice, premises liability, and human rights violations, representing both English-speaking and Spanish-speaking clients. He has successfully litigated cases in state and federal courts, earning an AV rating from Martindale-Hubbell for the highest level of professional excellence and ethics. He has been recognized by Florida Super Lawyers every year since 2011, and his Florida Bar Board Certification in Civil Trial Law highlights his exceptional expertise, a distinction held by fewer than 7% of Florida attorneys. For over 14 years, Mr. Garcia has been a vital force at Searcy Denney Scarola Barnhart & Shipley, where he leverages his expertise and bilingual skills to advocate for clients, particularly in the Hispanic community. A licensed pilot with a deep understanding of aviation law, Mr. Garcia has represented victims of civilian and military aircraft disasters, including cases involving Apache and Blackhawk helicopter crashes. His combination of legal acumen and technical aviation knowledge gives him a unique advantage when handling aviation-related litigation. Notable Achievements: On the Searcy Denney trial team that obtained a $38 Million Verdict in the Chiquita Banana case in which the jury found that Chiquita knowingly financed the AUC in Colombia's Urabá and Magdalena regions from 1997-2004 On the Searcy Denney trial team representing multiple victims of the Surfside Condo Collapse, the beachfront condominium collapse that caused the deaths of 98 people, resulting in over $32 Million in recoveries for clients On the Searcy Denney trial team that obtained a $20 Million Verdict against Reynolds Tobacco Company Obtained many seven- and eight-figure verdicts and settlements in medical malpractice, premises liability, and traffic and aviation accident cases Recipient of Best Lawyers in America (Florida) Featured in Attorney at Law Magazine Lawdragon 500 2023, The Plaintiff Issue, an elite distinction, and featured in the Lawdragon Lawyer Limelight series in 2022 Beyond the courtroom, Mr. Garcia is a proven leader in the legal community. He has served as: Chairperson and Member of the 15th Judicial Circuit Judicial Nominating Commission, which vets and recommends candidates to fill vacant circuit and county court positions President and member of the Board of Directors of the Legal Aid Society of Palm Beach County, championing access to justice for the most vulnerable members of our community; now on the Board of Trustees President and Advisor of the Palm Beach County Hispanic Bar Association, working to advance Hispanic representation in the legal profession President of the Palm Beach County chapter of the American Board of Trial Advocates (ABOTA), a prestigious national organization committed to preserving the civil jury trial system, professionalism, and the rule of law His commitment to service extends beyond the legal field. Mr. Garcia has served on the board of governors and as general counsel of the Historical Society of Palm Beach County and the board of directors of the Forum Club. He has also served as an officer and director of Jack the Bike Man, a bicycle charity devoted to supporting migrant workers and at-risk children. He supports Latinos in Action, which offers a service and leadership curriculum to middle and high school students. He was on the faculty of the inaugural Florida Bar Leadership Academy. Born in Argentina and raised in New York and Florida, Mr. Garcia's relentless work ethic and passion for justice were inspired by his immigrant parents, who instilled in him the values of... --- JAMES W. GUSTAFSON, JR. is a shareholder with Searcy Denney Scarola Barnhart & Shipley PA, a member of the firm’s executive committee, and the managing partner of the firm’s Tallahassee office. Jimmy is a sixth generation Florida native who served with the U. S. Army’s 82nd Airborne Division and studied at St. Edmund Hall, Oxford, before becoming a trial lawyer. Jimmy is a member of the prestigious International Academy of Trial Lawyers, a worldwide organization limited to just 500 attorneys by invitation only. He is an EAGLE Founder, and a past President of the Florida Justice Association. In 2020, Jimmy received the Perry Nichols Award, which is the highest honor the Florida Justice Association bestows, and gives recognition to an individual who has dedicated a lifetime to the pursuit of justice through extended and distinguished service to the cause of justice in Florida and in the nation. In 2013, Jimmy received the Krupnick Award, the Florida Justice Association’s award for perseverance in the pursuit of justice in a single case. He is a sustaining member of The American Association for Justice, and served as chair of their Professional Negligence Section. He is a Diplomat in the American Board of Professional Liability Attorneys. An AV-rated attorney by Martindale-Hubbell for many years, Jimmy is committed to teaching and writing. He has lectured at numerous Continuing Legal Education seminars and has authored Continuing Legal Education materials for Florida College of Advanced Judicial Studies, The Florida Bar, the Journal of the Florida Justice Association, and AAJ’s Trial magazine. Board Certified in Civil Trial Law by the Florida Bar and the National Board of Trial Advocacy, Jimmy is a member of the American Board of Trial Advocates, and received the Trial Lawyer of the Year award from the Tallahassee ABOTA Chapter in 2010. Jimmy obtained one of the Top Ten Verdicts of 2010 as recognized by Lawyers USA, and one of the Top 100 Verdicts of 2010 by the National Law Journal. Jimmy’s practice is focused on product liability, tobacco litigation including fraud and conspiracy, trucking negligence, and other catastrophic injury and death cases. To learn more about James Gustafson, see: Best Lawyers in America (Florida) Florida Super Lawyers The Dynamite Team Behind Searcy Denney’s Tallahassee Office --- MARA RITCHIE PONCY HATFIELD, who holds dual degrees in environmental law, began consulting with Searcy Denney Scarola Barnhart & Shipley on issues related to environmental and entertainment law in 2006 before becoming an associate with the firm in 2012. Since then, she has assisted the firm’s clients in obtaining recoveries for injuries arising out of environmental contamination, medical malpractice, nursing home neglect, catastrophic automobile crashes, defective products and premises liability (including but not limited to slip and falls). She continues to work on intellectual property and consumer-based class action lawsuits as well. Raised in Florida, Ms. Hatfield earned a bachelor’s degree in English literature from Knox College in Illinois and an M. A. in English literature from Southern Illinois University at Carbondale. In December 2005, she was awarded both J. D. and master’s degrees in the studies of environmental law from Vermont Law School, which has the largest graduate environmental law program in the country. Hatfield lives in Palm Beach County with her husband and their three children. In her spare time, she especially enjoys writing fiction, poetry, and screenplays, and songwriting. --- ADAM HECHT, is a shareholder and trial attorney at Searcy Denney Scarola Barnhart and Shipley. Mr. Hecht is a Palm Beach County native, attended the Alexander W. Dreyfoos School of the Arts for high school and was a nationally ranked debater. He received both undergraduate and law degrees from the University of Florida. While in law school, Mr. Hecht was an intern in the Washington, D. C. office of United States Senator Bill Nelson. He also worked for Florida Supreme Court Chief Justice Barbara Pariente and served as a judicial extern in the 8th Judicial Circuit, providing legal counsel to indigent clients. Prior to joining Searcy Denney Scarola Barnhart and Shipley, Mr. Hecht was an Assistant State Attorney in Palm Beach County, Florida, where he tried more than 75 felony and misdemeanor criminal cases. The cases Mr. Hecht handled while working as a prosecutor included robberies, child abuse, murder, and drug related offenses. Since joining Searcy Denney Scarola Barnhart and Shipley, Mr. Hecht has focused his representation of clients in all matters involving catastrophic injury, including, medical malpractice, wrongful death, personal injury, products liability, and child abuse cases. Mr. Hecht dedicates a large portion of his practice to representing abused, neglected, and injured children in foster care, schools, hospitals and other child welfare settings. When it comes to representing children, individuals, and families who have been victimized, Mr. Hecht devotes a substantial amount of time with his clients. He believes that to have a successful outcome he must put himself in his client’s situation. In every case, Mr. Hecht continuously asks himself “what if this happened to me, my children or my family. ” What differentiates Mr. Hecht from other attorneys is he enjoys getting to know his clients, spending time with them, becoming a part of their lives, and communicating with them throughout the course of their case. To learn more about Adam S. Hecht, see: Lawdragon Lawyer Limelight 2024 Best Lawyers in America (Florida) Alumni Feature - Adam Hecht --- JACK P. HILL played football at Yale University, earned all-Ivy and all-American academic honors, and served as a felony prosecutor in the Palm Beach County State Attorney’s office before joining Searcy Denney Scarola Barnhart & Shipley, P. A. A native of Palm Beach County who attended the Benjamin School in North Palm Beach, Mr. Hill handled dozens of jury trials as an Assistant State Attorney, prosecuting crimes ranging from DUI to first degree felonies punishable by life in prison. His successful prosecution of one of the first post-September 11 airport security cases attracted national media attention and was covered and aired by Court TV. As an SDSBS Shareholder, Mr. Hill’s practice focuses on automobile and trucking negligence, product liability and medical malpractice. Since joining the firm, he has secured many million- and multi-million dollar verdicts and settlements on behalf of his clients. His highest jury verdict to date was in excess of $30 million in a medical malpractice case. Mr. Hill has been named in the Best Lawyers in America and the Florida Super Lawyers publications since 2013. He has been recognized by both South Florida Legal Guide and Super Lawyers as a rising star in the field of personal injury. He is also a member of The National Trial Lawyers Top 40 under 40 for Florida. Mr. Hill is admitted to each of the three federal district courts in Florida. He is a member of the Florida Justice Association, the American Association for Justice, the Palm Beach County Bar Association, and the Palm Beach County Justice Association, where he has served as a board member from 2006 to 2012. He also serves on the Yale University Alumni Schools Committee. Mr. Hill earned a Bachelor of Arts degree in political science at Yale. He received his law degree from the University of Florida College of Law, with honors. At his induction into The Florida Bar, having achieved the highest score on The Florida Bar exam, he delivered the response on behalf of newly admitted lawyers before the Fourth District Court of Appeals. To learn more about Jack Hill, see: Best Lawyers in America (Florida) LawDragon Lawyer Limelight --- CAMERON M. KENNEDY is a Shareholder with Searcy Denney Scarola Barnhart & Shipley, P. A. Throughout his career, he has dedicated himself to representing clients in cases across the State of Florida and throughout the Southeastern United States. As a trial attorney with an unparalleled work ethic and attention to detail, Mr. Kennedy has recovered more than $100 million on behalf of his clients, including many multi-million dollar verdicts and settlements in cases involving dangerous and defective products, complex commercial litigation, insurance disputes, commercial truck and motor vehicle accidents, medical negligence, and industrial accidents. He has been recognized by Florida Trend magazine as a Legal Elite and was named one of the Top 40 under 40 trial lawyers by The National Trial Lawyers, a professional organization comprised of America's top trial attorneys. Mr. Kennedy is a fourth generation Floridian who was born and raised in Tallahassee and earned his undergraduate and law degrees from Florida State University. He volunteers his time and supports numerous non-profit organizations committed to advancing community causes that help persons with disabilities and the disadvantaged. He and his wife and two sons live in Tallahassee, Florida. To learn more about Cameron M. Kennedy, see: Best Lawyers in America (Florida) The Dynamite Team Behind Searcy Denney’s Tallahassee Office --- WILLIAM B. KING is Of Counsel with Searcy Denney Scarola Barnhart & Shipley, PA. Mr. King is a member of The Florida Bar and The New Jersey Bar. --- BRENDA S. FULMER is a Partner and Shareholder with the law firm of Searcy Denney Scarola Barnhart & Shipley, P. A. , one of the largest personal injury law firms in Florida. She also serves on the firm’s executive committee and leads the firm’s dedicated mass tort unit, which focuses on complex litigation for defective drugs, medical devices, and consumer products. For the past 26 years, Ms. Fulmer’s practice has focused on the areas of pharmaceutical and medical device mass torts litigation. Over the years, she has represented thousands of claimants in claims and individual actions filed in state and federal courts involving 3M Dual-Ended Combat Arms earplugs; Abilify; Actos; Aelsculap knee implants; AMO and Bausch & Lomb contact lens solution; Avandia; Baycol; Belviq; Bextra; Biomet metal-on-metal hip implants; breast implants; CardioGen PET scans; Cialis; DePuy ASR and Pinnacle metal-on-metal hip implants; DePuy Attune knee implants; Digitek; drospirenone birth control pills (Yaz, Yasmin, Ocella, Gianvi, Beyaz, Safyral, and Loryna); Eliquis; Elmiron; Ethicon surgical staplers; Fen-Phen diet drugs; FinPlus compounded finasteride; Fosamax and other bisphosphonates; Gadolinium; Gulf Coast oil spill; Medtronic and Guidant and Medtronic leads, pacemakers and defibrillators; Heparin; hormone replacement therapy; Bard Kugel and Ethicon hernia mesh; Invokana; IVC filters; JUUL vaping pods; Levaquin; Mirena; NuvaRing; Ortho Evra; pain pumps; PPA; Power Morcellator devices; Pradaxa; Propulsid; Proton pump inhibitors; Provigil and Nuvigil; Reglan; Smith & Nephew Birmingham, R3, SMF and REDAPT hip implants; SSRI antidepressant birth defect cases; Stockert 3T heating/cooling devices; Stryker Rejuvenate, ABG II, Accolade, and LFIT V40 modular hip implants; Sulzer hip and knee implants; tobacco; transvaginal mesh and bladder slings (including products sold by Bard, Caldera, Coloplast, Johnson & Johnson/Ethion, Mentor, Boston Scientific, Cook Medical, Neomedic, Covidien, AMS, ARIS, Sofradim, and ProteGen); Trasylol, Viagra; Vioxx; Wright Medical metal-on- metal hip implants; Xarelto; Zantac; Zimmer-Biomet reverse shoulder implants; Zimmer Durom Cup hip implants; Zimmer M/L Taper and VerSys hip implants; Zimmer NexGen knee implants; and Zofran. For several years, Ms. Fulmer has been named one of the Top 100 Trial Lawyers by The National Trial Lawyers, selected as a Super Lawyer from Florida, listed as one of Florida Trend’s Florida Legal Elite, and included in The Best Lawyers in America. She has received an “AV Preeminent” rating from Martindale-Hubbell. She also has been named a fellow to the Litigation Counsel of America and recognized on several occasions as one of the 500 Leading Plaintiff Consumer Lawyers by Lawdragon. Ms. Fulmer serves on the board of governors for the American Association for Justice and the Florida Justice Association and works each year lobbying on state and federal drug and medical device issues. She is also active in the Palm Beach County Bar Association, Palm Beach County Justice Association, The Florida Bar, Workers’ Injury Law & Advocacy Group (WILG), Women En Mass (WEM), Florida Association for Women Lawyers, American Bar Association, the Duke Conference and Emory Conferences on mass tort litigation, and various mass torts-related litigation groups and consortiums. She has served in various leadership positions with the American Association for Justice: executive committee, Evergreen Fund committee, PAC board, marketing & practice development committee, Trial Lawyers Care committee, compliance committee, law school committee, diversity committee, selection committee for the AAJ Leadership Academy, litigation group leaders council, and exchange advisory committee. She also serves in leadership roles with the Florida Justice Association Women’s Caucus, the American Association for Justice Women’s Caucus, and the executive committee for The National Trial Lawyers. She also serves on the Florida Justice Association membership and CLE Committees. She formerly served as co-lead of the AAJ Pradaxa Litigation Group and currently serves as co-lead of... --- BRIAN R. DENNEY is a powerhouse litigator and fierce advocate for his clients. A Shareholder at Searcy Denney Scarola Barnhart & Shipley, P. A. in West Palm Beach, Florida, Mr. Denney is known for his relentless pursuit of justice. As President of the Palm Beach Chapter of the American Board of Trial Advocates (ABOTA), Mr. Denney is recognized as a leader in civil trial law. His Florida Bar Board Certification in Civil Trial Law – a distinction held by fewer than 7% of attorneys in the state – demonstrates his unmatched skill, integrity, and dedication to his clients. Mr. Denney has found his calling in representing those who have suffered life-altering circumstances. He considers it an honor and privilege to fight for families devastated by catastrophic injuries or the wrongful death of a loved one. His commitment extends far beyond the courtroom – he builds strong, supportive relationships with his clients, guiding them through the complexities of the legal system with compassion and tenacity. He has sat in the living rooms of grieving families across Florida, offering comfort in their darkest hours while taking on their fight so they can focus on healing and rebuilding their lives. With a remarkable track record in personal injury, wrongful death, automobile negligence, medical malpractice, and product liability cases, Mr. Denney has secured life-changing verdicts for his clients. Some of his notable trial victories include: A groundbreaking $21 million verdict against two tobacco companies in Escambia County. A historic $10 million verdict in Volusia County for a wrongful death case involving a pedestrian and an RV. A high-profile $1 million verdict in Palm Beach County for an automobile negligence case involving a college basketball player. A $720,000 verdict in Palm Beach County for an automobile negligence case, overcoming the challenge of a pre-existing condition. A landmark $3. 5 million verdict in Highlands County’s first tobacco case for a 92-year-old widow. Over $3 million in a verdict for a victim of automobile negligence in Palm Beach County. Mr. Denney’s commitment to securing justice for his clients has also led to settlements totaling hundreds of millions of dollars, often reached on the doorstep of trial. He has helped parents secure justice for their severely injured children, assisted widows in obtaining compensation after the wrongful death of their spouses, and ensured that paralyzed or otherwise severely injured victims receive the medical care they need to live with dignity. Many of Mr. Denney’s cases have drawn national media attention due to the high-profile defendants involved and the profound impact on the lives of his clients. Mr. Denney’s reputation for excellence has earned him recognition in Best Lawyers in America since 2016 and Florida Super Lawyers since 2013. He has been honored as a Top Lawyer by South Florida Legal Guide, one of the Nation’s Top One Percent by the National Association of Distinguished Counsel, a Top 10 Attorney by the National Academy of Personal Injury Attorneys, and among the Top 40 Under 40 by the National Trial Lawyers. He has also served on the executive committee, which is a guiding voice for the firm. In addition to his legal practice, Mr. Denney is a sought-after lecturer on trial advocacy for lawyers and law students, helping shape the next generation of trial attorneys. A native of West Palm Beach, Mr. Denney graduated from Stetson University before earning his Juris Doctor, with honors, from Stetson University College of Law, where he received the prestigious Victor O. Wehle Trial Advocacy Award. He began his legal career in the general trial division of a prominent statewide law firm in Tampa, where he... --- LAURIE J. BRIGGS has been with Searcy Denney since 1994 and became a Shareholder in 2020. She operates the firm’s tobacco litigation unit, overseeing the day-to-day work on behalf of more than 300 clients and their families. Ms. Briggs also handles automobile accident, products liability, slip and fall, and personal injury cases, and has been involved in mass tort litigation against a variety of Fortune 500 companies. She was a member of the trial team that gained a settlement of more than $20 million against Honda on behalf of a paralyzed young girl. A former high school teacher and coach, Ms. Briggs received a master’s degree in educational leadership from State University of New York at Plattsburgh and an undergraduate degree in education from the State University of New York at Albany. She earned her J. D. from Nova Southeastern University Shepard Broad College of Law and was admitted to The Florida Bar in 1993. She is admitted to practice in multiple District Courts and, in 2012, was admitted to practice before the United States Supreme Court. Since 2014, Ms. Briggs has been a member of the board of directors of the Florida Justice Association, and currently serves as the Secretary of the organization. She has been honored with that association’s B. J. Masterson Award for professionalism and was the first woman to receive its W. McKinley Smiley, Jr. Award for mentoring young lawyers. In 2021 Ms. Briggs won the Gold Cornerstone Award in recognition of her dedicated efforts in support of FJA’s membership development. Ms. Briggs is an active member of the American Justice Association, where she was a national finalist for the Trial Lawyers Care Award for dedication to charity work in her community. She has served on the Florida Bar Association’s Student Education and Admission to the Bar Committee and currently serves as co-chair of the Social Justice Committee of the Palm Beach County Justice Association. She is also a member of the American Bar Association, the Palm Beach County Bar Association, and the American Civil Liberties Union. A long-time advocate for women and families, Ms. Briggs is president of Friends of Foster Children of Palm Beach County, Inc. , president of her homeowners’ association, and president of the firm’s charity, SDSBS Giving B. A. C. K. She is a member of the Palm Beach County Women’s Chamber of Commerce. To learn more about Laurie J. Briggs, see: Super Lawyers The National Trial Lawyers --- T. HARDEE BASS III has been with Searcy Denney since 2008 and became a Shareholder in 2021. He practices exclusively in the firm’s tobacco litigation unit, litigating cases against cigarette-making giants Philip Morris, R. J. Reynolds, Lorillard Tobacco Company and Liggett. He has tried numerous complex multi-week tobacco cases in venues across the state of Florida and has obtained multiple seven- and eight-figure verdicts, including: $21 million, Escambia County (2010) $21 million, Sarasota County (2018) $20 million, Palm Beach County (2014) $13. 1 million, Pinellas County (2014) $4 million, Palm Beach County (2014) $3. 5 million, Highlands County (2012) $2. 5 million, Broward County (2014) $500,000, Palm Beach County (2018) In recognition of his courtroom experience, skill and expertise, Mr. Bass has earned The Florida Bar Board Certification in Civil Trial Law, the highest level of recognition for the competency and experience of a civil trial lawyer. He is also a member of the American Board of Trial Advocates (ABOTA). Mr. Bass is currently listed in Best Lawyers in America, has been recognized as a Rising Star by Super Lawyers, a top Up and Comer by South Florida Legal Guide, and is a member of The National Trial Lawyers Top 40 Under 40. Prior to joining Searcy Denney Scarola Barnhart & Shipley, P. A. Mr. Bass served as a felony prosecutor in the Palm Beach County State Attorney’s Office. During his tenure, he handled nearly 50 jury trials to verdict, prosecuting crimes ranging from “driving under the influence” (DUI) to first degree felonies punishable by life in prison. Mr. Bass earned his law degree from Stetson University College of Law and his undergraduate degree from Florida State University. He is admitted to practice in the state courts of Florida and the United States District Courts for the Northern, Middle and Southern Districts of Florida. He is a member of The Florida Bar, the Palm Beach County Bar Association, the Martin County Bar Association, the American Association for Justice, the Palm Beach County Justice Association, and the Florida Justice Association. To learn more about T. Hardee Bass III, see: Best Lawyers in America - since 2019 Super Lawyers Rising Star Florida - 2012-2018 --- Rosalyn “Sia" Baker-Barnes is a Shareholder at Searcy Denney Scarola Barnhart & Shipley, P. A. , and the Chairperson of the firm’s Diversity, Equity & Inclusion Committee. Ms. Baker-Barnes is Board-Certified in Civil Trial Law by the Florida Bar, and is recognized by US News & World Report as one of the “Best Lawyers in America,” by Lawdragon as one of America’s “500 Leading Plaintiff Consumer Lawyers,” by Florida Super Lawyers magazine as a top lawyer in the state, by Florida Trend magazine as a “Legal Elite,” and by the Daily Business Review as one of South Florida’s Inaugural “Top 20 Women in Law. ” In her 25-year career, she has successfully pursued justice for victims in personal injury, medical negligence and product liability cases and frequently lectures throughout the United States on catastrophic injury cases. She has achieved numerous multi-million dollar verdicts and settlements, including a landmark $300 Opioid Whistleblower settlement against Walgreens and a $20 million compensatory and punitive damages verdict against tobacco giant RJ Reynolds Tobacco Company that was affirmed by the Florida Supreme Court and reached the United States Supreme Court. Committed to professionalism, civility and service, Ms. Baker-Barnes is the President of The Florida Bar, the first African-American female to serve in this role in The Florida Bar’s history, dating back to 1889. The Florida Bar is the organization governing all lawyers licensed by the Florida Supreme Court to practice law in the State, comprising over 114,000 members. In her six years of service on The Florida Bar Board of Governors, she served as Chairperson of the board’s Strategic Planning, Legislation, and Program Evaluation Committees and Co-Chair of the COVID-19 Pandemic Recovery Task Force. She is a three-time recipient of the Florida Bar President’s Award of Merit for exemplary service on the board. Ms. Baker-Barnes is also active in The Florida Bar’s Trial Lawyers Section, where she served for many years as a member of its Executive Council. In 2023, the Florida Bar Young Lawyer’s Division awarded her the Woman Lawyer of Achievement Award for outstanding service to the profession. She is also the 2022 recipient of one of the Florida Bar’s highest honors, the Henry T. Latimer Diversity Award, for her long-time commitment to diversity and inclusion in the legal profession. Ms. Baker-Barnes is a past president of the Palm Beach County Bar Association (PBCBA), an organization comprising nearly 3,000 lawyers. As the 95th President, she was the first African-American female to serve in this role. Her signature program was “You’ve Been Served: Lawyers Answering the Summons to Community Service,” designed to emphasize the importance of community service and recognize the positive impact lawyers make in their communities and beyond. She is a recipient of the PBCBA’s Judge Edward Rodgers Diversity Award, given to an individual who exhibits visionary and insightful leadership to resolve inequities in the legal community and the community at large. She is the Co-Founder and Inaugural President of the Palm Beach County Sheree Davis Cunningham Black Women Lawyers Association, founded in 2021 to provide mentorship, support and guidance to black women lawyers and the unique challenges they face in the legal profession. In 2023, Ms. Baker-Barnes led a delegation of its members to the United States Supreme Court to be sworn in as members of the Court and had the great honor of presenting the Motion for Admission before the Chief Justice and the entire Court. An accomplished trial lawyer, Ms. Baker-Barnes is a member of the invitation only International Academy of Trial Lawyers, International Society of Barristers and the American Board of Trial Advocates (ABOTA). She is also active... --- JOHN A. SHIPLEY III is Of Counsel with Searcy Denney Scarola Barnhart & Shipley, PA. He is a Florida Bar Board Certified Civil Trial Lawyer in the areas of personal injury and wrongful death. --- GREGORY BARNHART, a senior partner at Searcy Denney Scarola, Barnhart & Shipley, P. A. , is recognized as one of America’s leading trial lawyers. He is Board Certified in Civil Trial Law by The Florida Bar and regularly handles cases throughout the United States. In addition to being named in The Best Lawyers in America for the past 25 years, Mr. Barnhart has been recognized as one of the Legal Elite in Florida Trend magazine, named a Top Lawyer in South Florida magazine, and listed in Top 100: Florida Super Lawyers. He was named Best Lawyers’ Lawyer of the Year for 2010, 2015, 2017, 2019, and 2020, and 2025 in Personal Injury Litigation and in 2017, 2018, and 2019, and 2024 for Medical Malpractice Litigation. Mr. Barnhart is an honors graduate of Vassar College and The Cornell Law School. The Cornell Law Forum says of him, “Barnhart certainly is sharp – he is consistently recognized as one of the best trial lawyers in the country, and regularly takes on Big Tobacco, the pharmaceutical industry, and other corporate defendants in cases that have an impact on a national scale. ” Mr. Barnhart has over 107 million dollar and multi million dollar verdicts and settlements for his clients in cases involving personal injury, product liability, auto and truck collisions, medical malpractice, aviation and railroad disasters, and large commercial and will contest cases. Different Florida Governors have appointed Mr. Barnhart to sit on the 15th Circuit Judicial Nominating Commission as well as on the Fourth District Court of Appeal Judicial Nominating Commission, where he served as chair of the Commission. He is a past president of the Florida Justice Association as well as a past president of the Federal Bar Association. A frequent lecturer in Florida and other states, Mr. Barnhart has enjoyed teaching lawyers and law students about the intricacies of trial work. Recently, he taught a trial techniques course at the Cornell Law School. He has been honored with the Distinguished Lecturer award and the Al J. Cone Lifetime Achievement award by the Florida Justice Association. Mr. Barnhart also has been inducted into the prestigious International Academy of Trial Lawyers, which is limited to the top 500 trial lawyers and barristers, as well as the American College of Trial Lawyers, which is limited to the top 1,000 trial lawyers and barristers. To learn more about Greg Barnhart, see: Best Lawyers in America (Florida) Cornell Law School - Forum Magazine Lawyer Limelight: Gregory Barnhart | Lawdragon --- JOHN (JACK) SCAROLA graduated with honors from Georgetown University in 1969 and from Georgetown Law Center in 1973. Before joining the firm in 1978, he was Chief Felony Prosecutor in the Palm Beach County State Attorney’s office, where he was lead counsel in the trials of more than 50 major criminal cases, including the nation’s first gavel-to-gavel televised murder trial. Mr. Scarola is Board Certified in both Civil Trial Practice and Commercial & Business Litigation. While he devotes a substantial portion of his practice to personal injury, wrongful death, and medical negligence cases, he has developed a special interest in representing individuals and small businesses damaged by abuses of corporate power. A former president of the Palm Beach County Trial Lawyers Association, Mr. Scarola has played an active leadership role in both county and statewide professional associations. He is a recipient of The Florida Bar President’s Pro Bono Service Award and the Legal Aid Society’s Community Service Award honoring his involvement in giving free legal help to individuals and community groups. Mr. Scarola is a director of the prestigious International Academy of Trial Lawyers, whose invitation-only membership is limited to 500 attorneys. He has been listed repeatedly in Best Lawyers in America in five separate practice areas, is a 2019 Best Lawyers Lawyer of the Year, and is the 2018 recipient of the Florida Justice Association Lifetime Achievement Award. To learn more about John Scarola, see: Lawdragon - The Ethos of Advocacy at Searcy Denney Best Lawyers in America (Florida) Florida Super Lawyers --- CHRISTIAN D. SEARCY is president and CEO of Searcy Denney Scarola Barnhart & Shipley, P. A. and writes and lectures extensively about civil trial practice, personal injury and wrongful death. For 46 years he has litigated cases primarily involving catastrophic injury and death in venues throughout Florida as well as in other states. At age 29, he had the distinction of being the youngest lawyer in the United States to achieve a verdict of $1 million for a single personal injury lawsuit. In 2006, Mr. Searcy was one of only two lawyers in the country to receive the War Horse Award from the Southern Trial Lawyers Association, honoring his outstanding skill as a trial advocate and his extraordinary contributions to the cause of justice. In 2005, the Florida Justice Association, formerly known as the Academy of Florida Trial Lawyers, honored Mr. Searcy with its Perry Nichols Award, the highest honor it bestows, in recognition of a lifetime of outstanding service to the cause of justice. Mr. Searcy is vice president of the International Academy of Trial Lawyers Foundation and past president of the prestigious International Academy of Trial Lawyers, a worldwide organization limited by invitation to just 500 attorneys. He is named in The Best Lawyers in America, an independent study by Harvard trained attorneys; is included as one of the Florida Legal Elite in Florida Trend magazine; and is named as a top lawyer in South Florida Legal Guide. He is a Lawdragon Legend, listed in Lawdragon 500 Leading Lawyers in America more than ten times and a member of the Lawdragon 500 Hall of Fame. Other Searcy memberships of distinction include The Inner Circle of Advocates, which limits its membership to the top 100 trial lawyers in the United States, by invitation only; the American College of Trial Lawyers, also by invitation only; and the International Society of Barristers, by invitation only to 500 of the top trial lawyers in the world. Mr. Searcy is a senior fellow of the Litigation Counsel of America, a trial lawyer honorary society limited to less than one-half of one percent of North American lawyers. Mr. Searcy is a past president of the Florida Justice Association, where he currently serves on the Constitutional Revision Committee, and is a member of the Florida Bar Association. He is Board Certified in Civil Litigation by the National Board of Legal Specialty Certification, formerly known as the National Board of Trial Advocacy, and is a member of the National Center for State Courts. A past president of The National Trial Lawyers, he is a diplomate of the American Association for Justice, formerly known as the American Trial Lawyers Association; an Advocate of the American Board of Trial Advocates; and a member of the board of trustees of the Florida Supreme Court Historical Society. After earning a B. A. with distinction from the University of Virginia, Mr. Searcy received his Juris Doctor from Stetson University College of Law, graduating in the top ten percent of his class. He is an emeritus member of both the board of overseers of Stetson University College of Law and the board of directors of the College Foundation of the University of Virginia. He is a member of the University of Virginia Jefferson Scholars Regional Selection Committee for Palm Beach, the Alumni Association of the University of Virginia Board of Managers, and The Rotunda Society of the University of Virginia. Mr. Searcy’s personal philosophy of advocacy for those in need has made its mark on South Florida, where he supports numerous non-profit organizations committed to helping persons with disabilities, improving education, and... --- --- ## Paralegals Ada Alvarez Shiver is a Senior Paralegal/Investigator for attorney Matthew Schwencke and the Schwencke Team at Searcy Denney. With over 30 years of experience in personal injury law, she specializes in automobile accidents, premises liability, medical malpractice, products liability, and cases involving injury or wrongful death due to negligence. As a Florida Registered Paralegal, Ms. Alvarez brings an extensive background in managing cases from intake to settlement or trial. She is known for her sharp investigative skills, meticulous case management, and unwavering commitment to achieving favorable outcomes for her clients. Her approach emphasizes compassionate support and clear communication to guide clients through complex legal challenges. A native Floridian born to Cuban immigrant parents, Ms. Alvarez is fluent in Spanish and dedicated to serving the Hispanic community through education and legal advocacy. In her free time, she enjoys traveling, attending concerts, and exploring theater, as well as spending quality time with her family and friends. Ms. Alvarez is a proud member of The Florida Bar, the Palm Beach County Hispanic Bar Association, the Florida Justice Association, and the Palm Beach County Justice Association. --- Tammy Manning is a paralegal/investigator for attorney F. Gregory Barnhart and the Barnhart team, drawing upon more than 36 years of personal injury experience. A native New Yorker, Ms. Manning pursued her paralegal studies at Russel Sage College and began her professional career as a personal injury paralegal/investigator in New York focusing on real estate, criminal defense, and personal injury. After moving to Florida in 1992, she worked as a paralegal focusing on workers’ compensation, personal injury, and medical malpractice cases. She has conducted investigations and negotiations for hundreds of clients and has assisted in every aspect of personal injury cases from start to finish. Ms. Manning resides in Martin County, where she enjoys spending her time on the water and with her dog Bentley. --- H. SIDEY MUNOZ SIDEY MUNOZ began her career with Searcy Denney in 2012 and currently serves as the firm's Client Intake Director. She assists the firm with its initial case analysis in all major areas of personal injury and wrongful death resulting from motor vehicle accidents, medical malpractice, premises liability, product liability, and nursing home neglect. Ms. Munoz, who is fully bilingual in English and Spanish, serves as one of the very first points of contact with victims and families who reach out to Searcy Denney attorneys for help. She and her team invest in each client a personal commitment to listening and exploring every detail of a case. A Florida Bar Registered Paralegal, Ms. Munoz is a member of The Florida Bar and a Past Paralegal Board Member of the Palm Beach County Hispanic Bar Association. She earned her BS degree in psychology from Palm Beach Atlantic University in 2014 and an MBA from Nova Southeastern University in 2016. Before beginning her legal career, she worked in the healthcare industry, obtaining numerous certifications as an EKG aide, home health aide, patient care assistant, and nursing assistant. Ms. Munoz was born in Tegucigalpa, Honduras to Honduran/Puerto Rican parents. In 1997, when she was a child, her family immigrated to South Florida to pursue the American dream. She and her husband, Jose, now live in Palm Beach County with their three children. When she is not working, she enjoys spending time with family, reading, and traveling. --- MICHAEL E. GAUGER brings to Searcy Denney a unique combination of law enforcement, social service and education experience. His work with the firm includes investigating potential cases and helping prepare cases that are proceeding to trial. Mr. Gauger joined the firm after a career spanning five decades with the Palm Beach County Sheriff’s Office, most recently as Chief Deputy for Executive Oversight for Law Enforcement and Corrections. He has handled homicide and cold case investigations for the Office of the State Attorney and supervised a unit of the U. S. Department of Treasury’s Bureau of Alcohol, Tobacco and Firearms. He is licensed as a certified instructor for the U. S. Justice Department (Ethics and Integrity “Train the Trainer”) and the Florida Commission on Criminal Justice (Standards and Training). A well-known and highly respected community leader, Mr. Gauger is Chairman of the JFK Medical Center’s Board of Trustees, a Trustee of the South Florida Fair Board, and a member of the Board of Directors of United Way of Palm Beach County. He is former a Chairman of the Board of the Southeast Florida Behavioral Health Network and Families First of Palm Beach County. Since 2007 Mr. Gauger has served as a member of the Executive Board of the Palm Beach County Criminal Justice Commission. Recent honors include the Community Spirit Award from the Nonprofit Chamber of Palm Beach County, Trailblazer Award from the Urban League of Palm Beach County, and the Nettie Finkle Award for Community Service from the Palm Beach United Way. In 2010, the National Association of Social Workers named Mr. Gauger its Social Worker of the Year. Mr. Gauger holds a master’s degree in social work from Barry University, where he also earned his bachelor’s degree. He has served as adjunct professor at St. Petersburg Junior College and Palm Beach Community College and is an alumnus of the Harvard University John F. Kennedy School of Government program for Senior Executives in State and Local Government. --- KIMBERLEY AGUILERA joined Searcy Denney in 2021 as a Senior Paralegal/Investigator after more than 25 years employed in the legal field. As a paralegal, Ms. Aguilera has assisted with all aspects of personal injury/wrongful death claims arising out of automobile/general negligence, medical malpractice, and mass torts (pharmaceutical and medical device) cases, including investigations and negotiations on behalf of hundreds of clients. She is a member of the Palm Beach County Judicial Association as well as the Florida Justice Association. A Palm Beach County native, Ms. Aguilera earned her bachelor’s degree from Florida Atlantic University. She and her husband, Rene, live with their children in Palm Beach County, where she enjoys travelling and spending time with family. --- LAZARO D. BECERRA joined the Searcy Denney firm in 2021 as a senior paralegal/investigator. He works out of the firm’s Tallahassee office as well as the West Palm Beach office. He currently assists in evaluating personal injury claims and in preparing those claims for either settlement or trial. Mr. Becerra graduated from Florida State University (FSU) with a Bachelor of Arts degree and moved to West Palm Beach, where he began his career in the personal injury field as an adjuster for State Farm Insurance. For the past 27 years he has been employed as a paralegal/investigator working on behalf of the injured, contributing a wealth of knowledge and perspective from both sides of a personal injury case. He is a member of the Palm Beach County Judicial Association as well as the Florida Justice Association. Born in La Habana, Cuba, Mr. Becerra moved with his family to Florida when he was four years old. He grew up in Miami and attended Coral Gables Senior High School. He is fluent in both Spanish and English. Mr. Becerra resides with his wife, Nancy, in Tallahassee, where they enjoy all the activities that Florida’s state capital city has to offer - golfing, hiking, and the arts. They especially enjoy cheering on their alma mater, the Florida State Seminoles. Mr. Becerra travels to our West Palm Beach office monthly to make sure he is available when needed to meet with our clients from Palm Beach County and surrounding areas. --- Helem Diaz, CP, FRP is an experienced paralegal certified by the National Association of Legal Assistants (NALA). Fully bilingual in English and Spanish, she has worked since 2010 with attorney Mariano Garcia in all major areas of personal injury, including medical malpractice, nursing home neglect and abuse, and products liability. Born in Havana, Cuba, Ms. Diaz moved to Florida as a child and grew up in the state, earning a paralegal degree from Palm Beach County State College in 2009. She is a Florida Bar Registered Paralegal and a member of the Palm Beach County Bar Association, Palm Beach County Hispanic Bar Association, and the Palm Beach County Justice Association. She enjoys traveling and spending time with family and friends. --- NYDIA BENITEZ SERRANO is a paralegal/investigator for attorney Jack Scarola and the Scarola team, drawing upon more than 21 years of personal injury experience and a strong background in legal investigation and paralegal skills. She joined the firm in 2014. A native of The Bronx, Ms. Serrano earned an associate degree in office administration from Monroe College and began her professional career as a personal injury investigator in New York. After moving to Florida in 2001, she worked as a paralegal for a West Palm Beach law firm, focusing on bodily injury and negligence cases. She has conducted investigations and negotiations for hundreds of clients and has assisted in every aspect of personal injury cases, from start to finish. Ms. Serrano is proficient in Spanish and has earned a reputation for her compassion in helping individuals injured due to the negligence of another. She prides herself on working energetically and effectively for Searcy Denney clients. A Florida Registered Paralegal, Ms. Serrano is a member of The Florida Bar, the Palm Beach County Hispanic Bar Association, and the Paralegal Association of Florida. She and her husband, Jose, live with their three children in Palm Beach County, where she enjoys spending time with her family and pets. She volunteers at her local church in the Missions Ministry and as a translator. --- LESLIE A. MC COWN joined Searcy Denney after 27 years as a legal assistant and paralegal working with plaintiff personal injury, medical malpractice, and general litigation. She is a Florida Registered Paralegal with active memberships in the Florida Justice Association, Palm Beach County Bar Association, and the American Association for Justice. A native of South Florida, Ms. McCown grew up in Palm Beach Gardens and earned her bachelor’s degree in legal studies from Nova Southeastern University after receiving an associate’s degree from Palm Beach Community College. She began her legal career in 1988 as a legal assistant for an insurance defense firm. Ms. McCown lives in Jupiter with her husband, Frank, and enjoys travel, running, and spending time with family. --- CHRIS R. RODGERS joined the Searcy Denney firm in 2015, working primarily with attorney Jack Scarola's team on commercial litigation matters. In his more than 25 years as a litigation paralegal, Mr. Rodgers has worked with high-caliber Southeast litigation firms specializing in commercial, personal injury, wrongful death, aviation negligence, intellectual property, health care, nursing home abuse, premises liability, employment, construction defects, and securities litigation. He has assisted with hundreds of trials and arbitrations. Born in Sao Paulo, Brazil, Mr. Rodgers moved with his family to Coral Gables in 1966. He attended Miami Dade College and the University of Miami and finished at Northwood University in West Palm Beach. In addition to his legal experience, Mr. Rodgers has also been a sportswriter for the Miami Herald and owned and operated one of the largest minor restoration companies on the Treasure Coast. Mr. Rodgers volunteers his time with numerous civic and charitable organizations and has served as a guardian ad litem in Palm Beach County. He lives in Palm City with his loyal rescued dog, Shady. --- NICK DEBELLIS brings to Searcy Denney nearly 25 years' experience with State Farm Insurance, where he handled dozens of jury trials and thousands of mediations related to motor vehicle accident claims. He works with attorney Brian Denney, evaluating claims and assisting in preparation of litigation of motor vehicle accident, wrongful death, medical malpractice and products liability cases. A native of Queens, New York, Mr. DeBellis earned an associate's degree in applied science at the Berkeley College of Business. He began his career with State Farm in New York, then transferred to Florida in 2003. He currently holds a Florida Adjusters 6-20 All Lines License. Since moving to South Florida, Mr. DeBellis and his wife, Stacey, enjoy opportunities for boating, fishing, and other activities on the ocean. During football season, they often travel to Minnesota, where their son is a wide receiver on the University of Minnesota football team. --- JOHN C. HOPKINS has spent the last 45 years in the fields of insurance and law. Mr. Hopkins has worked in the fields of underwriting and claims and was vice president of one of Florida’s largest legal malpractice insurance companies. He has designed and implemented law firm risk management programs and has written several manuals and articles on risk management and claims handling. Before coming to work for Searcy Denney Scarola Barnhart & Shipley, P. A. , Mr. Hopkins managed a medical-legal consulting company, a graphic arts company, and a scanning/database company. He has also designed and implemented scanning and coding systems for law firms. Certified as an electronic discovery paralegal, Mr. Hopkins regularly teaches seminars and lectures on e-discovery, research and investigation, and complex litigation management. He has worked in the litigation field on both the defense and plaintiff sides of cases. His areas of concentration include professional negligence, commercial litigation, mass torts, and attorney digital marketing. --- VINCENT L. LEONARD, JR. was raised in Hicksville, New York until he relocated to Florida in 1977. He attended the University of Florida and Florida Atlantic University, where he received a B. S. degree in finance in 1985. After receiving his degree, he worked for a combined 20 years for two Fortune 500 companies. In Mr. Leonard’s prior career with Allstate, he held numerous titles, including acting as the litigation process expert for the State of Florida. His responsibilities included the oversight of legal services and litigation management across the state. Additionally, he served as the extra contractual liability specialist and litigation process expert for the State of Florida, where his responsibilities included overseeing training and development on good faith claims handling practices. He still speaks frequently to insurance related groups on key industry trends and issues. Mr. Leonard began his career with Searcy Denney in 2005 and currently serves as the firm’s litigation coordinator, wherein he assists all teams with their case development and strategies while directly reporting to Christian Searcy. He was elected and served on the board of directors of the Palm Beach County Justice Association as the paralegal representative from 2008 through 2012. He is also a member of the prestigious Inner Circle of Investigators. Mr. Leonard has been married to his wonderful wife, Missy, since 1985. They have four children, including twin girls born on his birthday. He and his family have been supporters of numerous charitable events in the local community. --- BONNIE SUE STARK is the paralegal/legal investigator for the Tallahassee office of Searcy Denney Scarola Barnhart & Shipley, P. A. She was born in Brooklyn, New York, but grew up in Miami and has lived in Florida for the majority of her life. In 1981 she moved to Tallahassee. Ms. Stark received her A. A. degree from Miami-Dade Community College in 1974. In 1978 she earned two B. A. degrees from the University of South Florida, majoring in American literature and American history (post World War II). In 1985, she completed her master’s degree in American history at USF. Her master’s thesis covered the influence of the McCarthy era in Florida politics. It was the subject of an episode of the PBS documentary series “Florida Crossroads” and has been quoted and cited in many historical publications and research papers since. For 21 years, Ms. Stark worked for a Tallahassee-based defense law firm as a paralegal and legal investigator. She has been a licensed investigator with the state of Florida for over two decades. She is a member of the Florida Legal Investigators Association, the National Association of Legal Investigators, the Palm Beach County Justice Association, the Big Bend Paralegals Association, and the National Association of Legal Assistants. In 2008 she became a Florida Registered Paralegal. Ms. Stark began working for the firm in 2005 and works primarily with attorney James Gustafson, assisting with medical malpractice, wrongful death, crashworthiness product liability cases arising from defective manufacturing design that result in catastrophic personal injuries, tobacco litigation and other types of personal injury and death cases. She brings a strong background in legal investigation and paralegal skills to her work. Her personal and professional compassion and commitment to helping others, along with her hard work and dedication, have helped many SDSBS clients receive the justice they deserved. In addition, Ms. Stark is a frequent lecturer at paralegal seminars, providing her expertise and knowledge on trial preparation and civil litigation. --- --- ## Practice Areas Get the Legal Help You Need from an Experienced Florida Uber Accident Lawyer Uber accidents are becoming increasingly common. If you have been injured in an Uber accident in Florida, you have clear legal rights. However, protecting your legal rights can be challenging, making it crucial to have an experienced Uber accident lawyer on your side. We Represent All Victims of Uber Accidents in Florida At Searcy Denney, we represent all victims of Uber accidents in Florida. This includes: Uber drivers Uber passengers Drivers and passengers of other vehicles Regardless of what happened, if you are facing medical bills, pain and suffering, and other losses after a collision involving an Uber, UberX, Uber XL, Uber Green, Uber Black, or any other type of Uber vehicle, we can help you. A Florida Uber accident lawyer at our firm can provide a free, no-obligation assessment of your legal rights. If you are entitled to financial compensation, we will fight for just compensation on your behalf. Common Causes of Uber Accidents Similar to other types of car accidents, Uber accidents can have a variety of different causes. When you are dealing with the aftermath of a collision, determining the cause (or causes) of the collision is the first step toward holding the at-fault party (or parties) accountable. Common causes of Uber accidents include: Distracted driving (including following GPS directions and using the Uber app) Fatigued driving (including due to spending long hours providing rideshares) Aggressive driving (including speeding, running red lights and stop signs, and weaving through traffic) Careless driving (including merging without looking, turning without looking, and failing to brake in time to avoid a collision) Impaired driving (including driving under the influence of alcohol, marijuana, and other drugs) While these are among the most common causes of Uber accidents in Florida, rideshare accidents can result from other factors as well. When you choose Searcy Denney to represent you, an Uber accident lawyer at our firm will examine all possible causes of your accident to ensure that we can fight to hold all responsible parties accountable. How a Florida Uber Accident Lawyer at Searcy Denney Can Help If you were injured in an Uber accident, it is important that you do not try to handle your situation on your own. You could be facing substantial losses, and, without an experienced lawyer representing you, there is a very good chance that you will end up with far less than you deserve. Here are just some of the ways an experienced Uber accident lawyer at Searcy Denney can help: 1. Investigating Your Uber Accident Filing a successful claim after an Uber accident requires proof of what happened and who (or what company) is responsible. This makes it critical to conduct an investigation right away. When you hire an Uber accident lawyer at our firm to represent you, your lawyer will work quickly to collect the evidence needed to prove your legal rights. While any photos or videos you took with your phone at the scene of the accident will be helpful, this is far from all of the evidence that is needed to file a successful claim. In many cases, in addition to gathering forensic evidence at the scene of the accident, it will be necessary to obtain drivers’ phone records, internal corporate records from Uber, and other forms of documentation as well. 2. Calculating the Losses You Are Entitled to Recover Filing a successful claim after an Uber accident in Florida also requires proof of the losses you are entitled to recover. This includes not only your medical bills and repair bills, but... --- Injured in a Collision? Discuss Your Legal Rights with a Florida Lyft Accident Lawyer If you’ve been injured in a Lyft accident, you have clear legal rights. You are entitled to find out who (or what company) is responsible for your injuries, and you are entitled to seek the financial compensation you deserve. However, protecting your legal rights is not easy, making it crucial to have an experienced Florida Lyft accident lawyer on your side. We Represent All Victims of Lyft Accidents in Florida At Searcy Denney, we represent all victims of Uber accidents in Florida. This includes: Lyft drivers Lyft passengers Drivers and passengers of other vehicles For all victims, the costs of being injured in a Lyft accident can add up very quickly. From medical bills and lost wages to emotional trauma and loss of enjoyment of life, you may be facing a variety of losses that a Lyft accident lawyer at our firm can fight to recover on your behalf. We Handle All Types of Lyft Accidents We handle all types of rideshare accidents—including Lyft accidents—for victims across Florida. If you have been injured in a Lyft accident, determining the cause (or causes) of the accident will be a critical first step toward seeking the financial compensation you deserve. Similar to other types of car accidents, most Lyft accidents are the result of driver negligence—either negligence on the part of the Lyft driver or negligence on the part of another driver involved in the collision. Common forms of driver negligence include: Distracted by the Lyft app Distracted by GPS directions Distracted by texting or social media Distracted by passengers Impaired by alcohol Impaired by marijuana or another drug Speeding Tailgating Running red lights and stop signs Failing to yield Turning or merging dangerously Weaving through traffic Road rage Driving while fatigued Falling asleep behind the wheel However, when dealing with the aftermath of a Lyft accident in Florida, it is also important to consider other possibilities. Brake failures, dangerous road construction zones and a variety of other non-driver-related issues can also lead to accidents—and, if one of these issues played a role in your accident, this will play a major role in determining what claim (or claims) a Florida Lyft accident lawyer at our firm can file on your behalf. We Help Our Clients Seek Maximum Compensation for Their Losses If you’ve been injured in a Lyft accident in Florida, do you need to hire a lawyer? Or, can you file a claim on your own? While you can file a claim on your own, this doesn’t mean that you should. Trying to handle your situation on your own after a serious Lyft accident can prove to be very costly. Practically speaking, if you want to seek the full compensation you deserve, you will need an experienced Lyft accident lawyer on your side. Here’s why: Your Lawyer Will Collect the Evidence Needed to Prove Liability Should you file a claim under the at-fault driver’s auto insurance policy? Should you file a claim against Lyft? Should you file a claim against another company that is legally responsible for your injuries? These are not easy questions to answer, but you must answer all of them correctly in order to seek the financial compensation you deserve. When you hire a Florida Lyft accident lawyer to represent you, your lawyer will collect the evidence needed to prove liability. This will allow your lawyer to determine which claim (or claims) he or she can file on your behalf. Your Lawyer Will Collect the Evidence Needed to Prove Your Losses Along with proving... --- Learn What You Need to Know About Hiring a Lawyer to File a Depo-Provera Lawsuit If you have questions about filing a Depo-Provera lawsuit, you are not alone. Women and families across the United States are struggling with the effects of intracranial meningiomas linked to Depo-Provera, and many have begun taking action to assert their legal rights. Here are the answers to some frequently asked questions (FAQs) from the Depo-Provera lawyers at Searcy Denney. Answers to FAQs: Filing a Depo-Provera Lawsuit What Is the Statute of Limitations for a Depo-Provera Lawsuit? The statute of limitations for a Depo-Provera lawsuit depends on where you live or perhaps where you will need to file your lawsuit. In many statutes, the statute of limitations for dangerous drug claims is two or three years from the date of diagnosis. However, you could have less time (or more), and there are also circumstances that can “toll” the statute of limitations in some cases. With that said, the sooner you take legal action, the better. There is no reason to wait, and waiting could prove costly. Our lawyers can determine if you are eligible to file a Depo-Provera lawsuit, and if you need additional information before you can file, we can explain everything you need to know. Is There a Depo-Provera Settlement? Pfizer Inc. entered into a $2 million class action lawsuit settlement in Canada in 2021 related to the company’s warning label for Depo-Provera. This settlement is unrelated to the pending Depo-Provera lawsuits. To date, we are not aware of any of these Depo-Provera product liability lawsuits settling. If you think you may be entitled to a Depo-Provera settlement for intracranial meningioma, the first step will be to speak with a lawyer about your legal rights. How Much is a Depo-Provera Claim Worth? If you have a claim for intracranial meningioma caused by Depo-Provera, the value of your claim will be determined by your individual circumstances. Unlike plaintiffs in class action lawsuits, individuals who have Depo-Provera cancer lawsuits against Pfizer Inc. can seek full compensation for their present and future losses. With this in mind, to determine how much your Depo-Provera claim is worth, you will need to work closely with an experienced lawyer to calculate just compensation for your current and future medical bills, loss of income, pain and suffering, and other losses. These losses could be substantial—and you do not want to leave any money on the table. How Do I File a Depo-Provera Lawsuit? The first step toward filing a Depo-Provera lawsuit is to discuss your situation with a lawyer who has experience handling dangerous drug cases against major drug companies like Pfizer Inc. At Searcy Denney, this is a core aspect of our practice. We have decades of experience and have helped our clients recover billions of dollars in financial compensation. If you have a Depo-Provera lawsuit, we can use our experience to fight for just compensation on your behalf. What Are the Allegations in the Depo-Provera Litigation? The Depo-Provera lawsuits filed to date allege that the popular contraceptive medication increases patients’ risk of developing an intracranial meningioma, a type of tumor that grows inside of the skull. While not technically a brain tumor, an intracranial meningioma can “press on the nearby brain, nerves and vessels,” which can have consequences similar to those of a brain tumor. These consequences include vision impairments, speech impairments, memory loss, hearing loss and seizures, among others. What Is the Current Status of the Depo-Provera Litigation? Depo-Provera lawsuits are currently being consolidated in a multidistrict litigation (MDL) proceeding in the U. S. District Court for the... --- Recent studies have linked Depo-Provera injections to an increased risk of intracranial meningioma. This is a potentially serious type of tumor that develops in the skull. It tends to develop slowly; and, as a result, it can be difficult to diagnose before it leads to serious complications. With this in mind, if you have concerns for any reason after receiving Depo-Provera injections, you should consult with a doctor promptly. This is true even if it has been years (or even decades) since your last injection. If you receive an intracranial meningioma diagnosis, you will also want to consult with a lawyer about your legal rights. You may be eligible to file a Depo-Provera lawsuit—and, if so, you may be entitled to significant financial compensation. 10 Potential Signs of Intracranial Meningioma Caused by Depo-Provera Here are 10 potential warning signs of intracranial meningioma caused by Depo-Provera: Dizziness Dizziness is a potential sign of intracranial meningioma (though it can potentially be a sign of a wide range of other medical conditions as well). As Brigham and Women’s Hospital explains, “cause of the tight space in the back of the brain, growth of these tumors can cause elevated pressure in the brain, leading to meningioma headaches, unsteadiness, or dizziness. ” Headaches Headaches are a potential sign of intracranial meningioma (among other health conditions) as well. If you are experiencing severe or persistent headaches after receiving Depo-Provera injections, this could be symptomatic of a meningioma that has developed and is now applying pressure to the back of your brain. Since headaches can have so many different causes, when you see a doctor about your headaches, you should describe them with as much detail as possible. You should also tell your doctor about any other symptoms you are experiencing as well as your specific concerns about an intracranial meningioma caused by Depo-Provera. Hearing Loss or Impairment Depo-Provera patients who develop an intracranial meningioma may also experience hearing loss or hearing impairment. This can result from compression of the auditory nerve caused by development of the tumor within the skull or damage to the cochlea or vestibulocochlear nerve. While hearing loss and hearing impairments can be treated in some cases, it is also possible for the damage that results in hearing loss or a hearing impairment to be permanent. Hyperreflexia Hyperreflexia, or overactive or hyperresponsive reflexes, can also be caused by an intracranial meningioma applying pressure to the brain at the back of the skull. This pressure can disrupt the normal flow of neurological signals from the brain to other parts of the body, potentially causing hyperreflexia and other physical effects. Memory Loss Memory loss is a significant concern for many patients diagnosed with intracranial meningiomas after receiving Depo-Provera injections. According to a research paper published in 2016: “Study results suggest that most ... meningioma patients are faced with cognitive deficits in several cognitive domains prior to surgery. Following surgery, most of these patients seem to improve in cognitive functioning. However, they still have impairments in a wide range of cognitive functions compared to healthy . ” According to the authors of the research paper, these cognitive deficits include memory loss. Being unable to remember significant information or events can have significant consequences in all aspects of your daily life; and, if you have grounds to file a Depo-Provera lawsuit, these consequences could be a major factor in determining the value of your claim. Muscle Weakness Muscle weakness, particularly in the arms and legs, can also be a warning sign of intracranial meningioma. As noted by the Mayo Clinic, muscle weakness can also be a long-term... --- Drug recalls are alarmingly common. If you or a loved one has been harmed by a drug that has been recalled by its manufacturer, you may be entitled to financial compensation, and you will want to speak with a lawyer about your legal rights as soon as possible. Our drug recall lawyers represent patients and families nationwide, and we have a long record of success securing settlements and verdicts for our clients. What Patients Should Know About Drug Recalls As a patient (or family member), what should you know about drug recalls? Here are five important facts about manufacturer recalls involving dangerous drugs: Recalls Don’t Necessarily Involve Drugs Being Taken Off of Pharmacy Shelves While some recalls involve drugs being removed from the market, others simply involve updates to drugs’ warning labels. However, all drug recalls can potentially signify issues that entitle patients and their families to just compensation. Recalls Usually Come Only After Patients Have Experienced Issues In most cases, drug recalls are triggered by complaints from patients, families and healthcare providers. As a result, if you have concerns related to a drug that has not been recalled, you should not ignore them. Instead, you should see your doctor and consult with a lawyer as soon as possible. It Is Up to Pharmaceutical Companies to Issue Drug Recalls While the FDA can request drug recalls, it generally cannot force pharmaceutical companies to recall their products. As a result, it is up to pharmaceutical companies to decide when (and if) they are willing to recall a potentially dangerous drug. Understanding the Reason for a Drug Recall is Important If you or a loved one has taken (or is currently taking) a drug that has been recalled, understanding the reason for the recall will be important. This will determine both the risks that you (or your loved one) is facing and whether our defective drug lawyers can take legal action on your behalf. Drug Recalls Lead to Dangerous Drug Lawsuits in Many Cases Due to the serious health risks that dangerous drugs can present, drug recalls will lead to lawsuits against the pharmaceutical companies in many cases. Oftentimes, these lawsuits will involve multi-district litigation (MDL) in which hundreds or thousands of plaintiffs pursue similar claims. What Patients Should Know About Drug Recall Lawsuits Let’s say that you or a loved one has been harmed by a dangerous drug. What do you need to know about filing a drug recall lawsuit? The most important thing to know is that it costs nothing to learn about your legal rights. It also costs nothing out-of-pocket to hire our defective drug lawyers if you have a claim. We handle all drug recall lawsuits on a contingency-fee basis, which means that our legal fees (if any) are calculated as a percentage of the financial compensation we help our clients recover. Filing a drug recall lawsuit is not something you want to try to handle on your own. It also is not something that you want to entrust to inexperienced legal counsel. The pharmaceutical companies fight these lawsuits by all means available, so you need to choose a law firm that has a proven record of success securing just compensation for its clients. Examples of Recent Drug Recalls The U. S. Food and Drug Administration (FDA) maintains a list of active drug recalls on its website. Here are some of the drugs that are currently (or have recently been) subject to recalls in the United States: Adrenalin Chloride Solution (EPINEPHrine nasal solution) Alvogen (fentanyl transdermal system) AVpak (Atovaquone oral suspension) Astellas (Tacrolimus and Tacrolimus extended-Release capsules) B... --- Learn About Your Legal Rights from an Experienced Florida Premises Liability Lawyer Slipping and falling while shopping is a very real concern. While businesses in Florida have a legal duty to protect their customers’ safety, many retail stores fail to do what is necessary to prevent fall-related injuries. If you were injured in a fall while shopping, you may be entitled to financial compensation, and you should speak with a Florida slip and fall lawyer about your legal rights as soon as possible. Cases We Handle Our lawyers represent people who have been injured in slip and fall accidents at all types of retail stores in Florida. No matter where you got injured, if you fell while shopping, we strongly encourage you to contact us today. If a store is to blame for your injuries, it deserves to be held accountable, and you do not deserve to face the financial and non-financial burdens of an accident that the store could (and should) have prevented. Some examples of the types of retail stores that we can seek to hold accountable for injuries from slip and fall accidents include: Big box stores (i. e. , Costco, Target and Walmart) Clothing stores Cosmetics stores Dollar stores and convenience stores Electronics stores Furniture stores Grocery stores and supermarkets Home goods stores Home improvement stores Retail stores Shopping centers Sporting goods stores From specialty marine and hunting stores to stores that sell pet products and animal feed, we handle claims against all other types of retail stores as well. When it comes to premises liability in Florida, global retailers, regional chains, and local businesses are all held to the same standards—and, in most cases, seeking just compensation involves dealing with the store’s insurance company. A Florida premises liability lawyer at Searcy Denney can provide a straightforward assessment of your legal rights; and, if it appears that you have a claim, we can handle your claim at no out-of-pocket cost to you. Common Causes of Slip and Fall Accidents in Retail Stores When can (and should) you file a claim for a slip and fall accident at a retail store in Florida? Like all businesses, retail stores can be held liable for slip and fall accidents involving a wide range of hazards. Some examples of the types of hazards we most frequently see in these cases include: Rainwater Puddles Rainwater puddles are a common cause of slip and fall accidents both inside and outside of retail stores. When we get stormy weather, rainwater can accumulate in depressions in parking lots and sidewalks, and customers can carry water into stores on their shoes. If you aren’t prepared, stepping in a puddle inside or outside of a store can result in a sudden and painful slip and fall. Spilled Food and Drinks Spilled food and drinks are common causes of slip and fall accidents in retail stores as well. This is of particular concern at shopping centers and malls where people can eat and drink as they shop. But, many other types of stores sell food and drinks as well, and it only takes one spill to cause a slip and fall accident that leads to expensive medical bills, time missed from work, and other financial and non-financial losses. Spilled Merchandise Along with spilled food and drinks, spilled merchandise can also create slip hazards. This includes everything from eggs and yogurt in grocery stores to building materials and supplies in home improvement stores. Crucially, even when a customer is responsible for spilling merchandise, the store still has a legal obligation to monitor for potential slip hazards and remedy... --- Injured in a Slip and Fall Accident? Get the Help You Need from an Experienced Florida Premises Liability Lawyer Slip and fall accidents in restaurants and bars can leave victims with painful injuries and expensive medical bills. In many cases, they can also force victims to miss time from work, and they can lead to various other financial and non-financial losses as well. If you are facing losses after a slip and fall accident in a restaurant or bar, you should speak with a Florida premises liability lawyer promptly. Why? Because restaurants, bars and other businesses can be held liable for slip and fall accidents in many cases. Under Florida law, all businesses owe a duty to protect their patrons and guests. If the restaurant or bar where you slipped and fell breached this duty, a Florida slip and fall lawyer can fight to recover just compensation for your losses on your behalf. Cases We Handle Our lawyers handle cases against all types of restaurants, bars and other establishments across Florida. From failing to clean up spills to failing to rope off recently cleaned areas, and from inadequate lighting to inadequate maintenance, numerous issues can justify premises liability claims against these businesses under Florida law. If you believe that you may have a claim against any of the following, we encourage you to contact us for a free, no-obligation consultation about your legal rights: Bakeries Bars, breweries and pubs Buffets Cafés and bistros Coffee shops Fast food restaurants Fine dining restaurants Food trucks Nightclubs Sit-down restaurants We handle slip and fall accident claims on behalf of victims, parents whose children have been injured, and family members whose aging loved ones have suffered serious injuries in falls. No matter what happened, if you have questions about your legal rights, a Florida premises liability lawyer at Searcy Denney can help you understand your legal rights and take appropriate legal action on your behalf. Understanding Your Legal Rights After a Slip and Fall Accident at a Bar, Restaurant or Other Establishment While fully understanding your legal rights requires an in-depth assessment of the facts of your case, there are some basics that it is important for you to know. If you have a slip and fall claim against a bar, restaurant or another establishment in Florida, your legal rights include: 1. The Right to Hold the Establishment Accountable By inviting patrons and customers onto their premises, restaurants and bars assume a legal duty to protect these individuals from premises-related injuries. Not only must bars and restaurants promptly address any slip and fall hazards that are brought to their attention, but they must actively monitor their premises for potential slip and fall hazards as well. If a bar or restaurant should have known about the issue that caused you to slip and fall, this is enough to establish accountability under Florida law. 2. The Right to Just Compensation for Your Financial and Non-Financial Losses When you have a slip and fall claim, you are entitled to just compensation for your financial and non-financial losses. This means that a Florida slip and fall lawyer can help you seek compensation for your: Medical bills and other out-of-pocket costs Loss of income and benefits (if your injuries prevent you from working) Pain and suffering, emotional trauma, and other non-financial losses But, no matter how much you are entitled to recover, you only get one opportunity to take legal action. As a result, it is critical to ensure that you have a comprehensive understanding of the lifetime costs of your injuries. If you are dealing with serious fall-related... --- Discuss Your Marina Slip and Fall Claim with a Florida Premises Liability Lawyer at Searcy Denney Marinas can be dangerous places. While walking through a busy marina can present a variety of risks, some of the most common hazards are those that can cause slip and fall accidents. If you were injured in a slip and fall at a marina, a Florida slip and fall lawyer at Searcy Denney may be able to help you recover just compensation. This includes just compensation for your financial and non-financial losses. In slip and fall cases, we help our clients seek damages for their medical bills, lost earnings, pain and suffering, and all of the other consequences of their fall-related injuries. To find out how much you may be entitled to recover, schedule a free consultation with a Florida premises liability lawyer at Searcy Denney today. Cases We Handle We handle all types of slip and fall accident cases at marinas across Florida. Whether you fell on land, on a dock or into the water, we are prepared to fight for the financial compensation you deserve. Some examples of the types of cases our lawyers handle include: Slips and Falls on Docks and Fingers – From rainwater to seawater to slippery ropes and lines, various issues can lead to slip and fall accidents on marina docks and fingers. Like all businesses in Florida, marinas have a legal duty to ensure the safety of their premises, and this means that they can be held fully liable for accidents on their docks and fingers in many cases. Slips and Falls on Boat Decks – Boat decks can be dangerously slippery as well. Teak, cork, fiberglass and other common boat decking materials can all be extremely slippery when wet. In addition to handling premises liability claims, we also handle boat accident claims, and we can help you seek just compensation regardless of who (or what company) is responsible for your injuries. Slips and Falls in Marina Parking Lots – We also handle slip and fall cases involving accidents in marina parking lots. When you are visiting a marina, slip hazards in the parking lot may be among the least of your worries. But, these hazards are common as well, and they can (and frequently do) lead to sudden and unexpected falls that result in serious traumatic injuries. Slips and Falls at Marina Restaurants and Shops – Marina restaurants and shops have a duty to ensure the safety of their premises as well. Puddles, spills, recently cleaned floors and other slip hazards can all cause accidents that leave unexpecting victims facing significant (and, in some cases, long-term) losses. Regardless of the severity of your injuries, you are entitled to full compensation for your present and future losses if a marina restaurant or shop is to blame. Slips and Falls into the Water – A Florida slip and fall lawyer at Searcy Denney can also represent you if you slipped and fell into the water. For obvious reasons, these accidents can be extremely dangerous, and recovering after a fall into the water can be a long, difficult and expensive process. We handle cases involving physical injuries suffered during falls into the water, concussions, near-drowning injuries and all other forms of trauma. Again, these are just examples. From negligence claims against charter companies to product liability claims against boat manufacturers, we handle all other types of slip and fall accident claims as well. No matter what happened, we can help—but it is important that you contact us as soon as possible. Proving the Cause of a Slip and Fall... --- Discuss Your Company’s Case with a Florida Business Litigation Attorney Experienced in Appellate Litigation Successfully pursuing or defending against an appeal requires experienced legal representation. At Searcy Denney, we represent companies at all levels of appeal in state and federal court. Each Florida business litigation attorney in our appellate practice group has extensive relevant experience, and we rely on this experience to achieve favorable results for our clients. While the requirements for filing an appeal vary depending on the jurisdiction and the specific circumstances involved, strict deadlines frequently apply. These deadlines can be extremely short—as short as 30 days in some cases. With this in mind, if you think that your company may need to file an appeal, we strongly encourage you to speak with a business litigation attorney at Searcy Denney right away. Types of Appeals We Handle Our firm handles all types of appeals involving business disputes in Florida. This includes business disputes resolved through litigation in state court, litigation in federal court and arbitration. Some examples of the types of cases we handle for our clients on appeal include: Arbitration Awards Commercial Disputes Employment Disputes Financial Disputes Non-Compete Litigation Partner, Shareholder and Member Disputes Trade Secret Litigation One of the most important points to understand about appellate litigation is that an appeal is not a retrial of the parties’ case. Instead, appeals generally focus on seeking an alternative outcome based on a specific issue with the previous proceedings. If an appeal is successful, this may result in the case being reversed, but it may also result in the case being remanded for further proceedings consistent with the appellate court’s decision. While a significant portion of our appellate practice involves representing clients that we represented at the lower level, we also regularly represent companies that are seeking new outside counsel for appeals. Many law firms do not handle appellate litigation, and we regularly receive referrals from other law firms whose clients need appellate representation. If you are in search of a team of highly experienced appellate attorneys, we invite you to contact us to discuss what we can do to help. When Can (and Should) You Consider an Appeal? Not all unfavorable arbitration awards and trial-level decisions are appealable. However, many are, and if your company has grounds to appeal a decision, taking action promptly could be essential. Here are five examples of circumstances in which an appeal may be warranted: Final Orders Final orders rendered by state and federal courts are generally subject to appeal. A “final order” is a decision that completely disposes of (or resolves) a case, such as an order granting a motion to dismiss, an order granting summary judgment, or a verdict at the conclusion of a trial. Certain Interlocutory (Non-Final) Orders Certain interlocutory (non-final) orders are subject to appeal as well. Depending on the circumstances involved, these can include orders resolving motions concerning venue, motions concerning the parties’ obligation to arbitrate, motions concerning injunctions, and motions concerning the appointment of a receiver, among others. Writs of Certiorari Even if an appeal is not permitted under the Florida Rules of Appellate Procedure or the Federal Rules of Appellate Procedure (i. e. , if the appeal does not address a relevant interlocutory order), it may still be possible to pursue an appeal through a writ of certiorari. In Florida, for example, the appellate courts will consider an appeal involving a non-final order if: The order “departs from the essential requirements of law;” The order is likely to cause “material injury for the remainder of the case;” and, A post-judgment appeal (i. e. , an... --- Protect Your Company’s Interests with the Help of a Florida Business Litigation Attorney Experienced in Trade Secret Litigation Trade secrets are among many companies’ most valuable assets. While trade secrets are not eligible for registration in the United States, companies can protect their trade secrets through other means—and they can pursue litigation to protect these assets in court when necessary. We represent companies in trade secret litigation statewide, and a Florida business litigation attorney at our firm can help protect your company’s interests by all means available. Depending on the circumstances, this may include seeking emergency relief. While there are limited exceptions, as a general rule, trade secrets derive their value from their secrecy. As a result, once a trade secret has been misappropriated, taking legal action immediately can be critical for preserving the owner’s exclusive rights. Trade Secret Protections Under State and Federal Law In Florida, trade secrets are protected under both state and federal law. At the state level, the Florida Uniform Trade Secrets Act (FUTSA) gives trade secret owners exclusive rights—and it gives them the ability to pursue legal action when necessary. The FUTSA defines a “trade secret” as follows: “’Trade secret’ means information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. ” The FUTSA includes provisions for both injunctive relief and damages. Damages can include, “both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. ” The FUTSA also entitles trade secret owners to exemplary (or punitive) damages in cases involving “willful and malicious appropriation,” and it entitles trade secret owners to recover their attorneys’ fees in certain circumstances as well. The Defend Trade Secrets Act (DTSA), 18 U. S. C. § 1836 et seq. , establishes a cause of action for trade secret misappropriation in federal court—and it provides for remedies similar to those available under the FUTSA. While the federal definition of a trade secret is not identical to the definition under Florida law, the concepts are similar, and a Florida business litigation attorney at our firm can help you decide which type of claim it makes the most sense for your business to pursue. When Can Trade Secret Owners Pursue Claims for Misappropriation? Both the FUTSA and the DTSA provide trade secret owners with the right to file claims for misappropriation. So, what constitutes “misappropriation” of a trade secret? 1. Acquisition Under Section 688. 002(2)(a) of the FUTSA, a claim for trade secret misappropriation can be based on, “cquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means. ” Claims under Section 688. 002(2)(a) can be used to pursue trade secret litigation against current and former employees, vendors, contractors, competitors, and other parties that have gained unauthorized access to (or unauthorized control over) trade secrets without proof of further disclosure or use. 2. Disclosure or Use Under Section 688. 002(2)(b) of the FUTSA, trade secret owners can pursue claims based on disclosure or use as well. Unauthorized disclosure or use of a trade secret constitutes misappropriation if the party involved: “Used improper means to acquire knowledge of the trade secret; or “At the time of disclosure or... --- Should You Take Part in a Depo-Provera Lawsuit? Contact Us to Find Out for Free A recent study has linked the use of the contraceptive medication Depo-Provera to an increased risk of intracranial meningioma. This, in turn, has triggered what is expected to be a wave of lawsuits against Depo-Provera’s manufacturer, Pfizer Inc. If you or a loved one has taken Depo-Provera, what do you need to know? The study’s conclusion is clear: “Prolonged use of ... medroxyprogesterone acetate ... was found to increase the risk of intracranial meningioma. The increased risk associated with the use of injectable medroxyprogesterone acetate, a widely used contraceptive ... important new finding. ” Medroxyprogesterone acetate is the generic name for Depo-Provera. Given this conclusion, anyone who has concerns about intracranial meningioma after taking Depo-Provera should consult with their doctor promptly, and anyone who receives an intracranial meningioma diagnosis after taking the contraceptive should talk to a Depo-Provera lawsuit attorney about their legal rights. You may have grounds to file a Depo-Provera lawsuit. Latest Updates on the Depo-Provera Multidistrict Litigation (MDL) In February 2025, the U. S. Judicial Panel on Multidistrict Litigation (JPML) consolidated more than 70 pending Depo-Provera lawsuits into a single multidistrict litigation (MDL) proceeding. This is a significant development that has important implications for both current and prospective plaintiffs. Under the February 7, 2025 consolidation order, the Depo-Provera MDL will take place in the U. S. District Court for the Northern District of Florida. Why is this significant? Here are some key facts that patients and their families need to know about the newly formed Depo-Provera MDL: In MDL proceedings, plaintiffs (and their lawyers) are able to share the evidence they obtain from the defendants, streamlining the process of proving their claims. Unlike class action lawsuits, in MDL cases, all plaintiffs retain the ability to seek full compensation for their specific financial and non-financial losses. While successful MDL cases often result in global settlements, individual plaintiffs can generally decide whether to participate in a global settlement or continue fighting for additional compensation. Additionally, when facing MDL proceedings, defendants will often feel enhanced pressure to settle—as a single plaintiff-friendly verdict could expose them to substantial liability. So, while there are no guarantees, the fact that there is now a Depo-Provera MDL is good news for patients and families who are thinking about asserting their legal rights. Since forming the Depo-Provera MDL in February 2025, the judge presiding over the litigation has issued some other important orders as well. For example, while plaintiffs will often need to file lawsuits in state court and then have their cases transferred into an MDL proceeding, the judge presiding over the Depo-Provera MDL has stated that plaintiffs can file their lawsuits directly in the Northern District of Florida. With offices in Tallahassee, our lawyers are available to represent clients nationwide in Depo-Provera lawsuits against Pfizer Inc. Additionally, on March 29, 2025, the judge issued an order that will make it much easier for many women and families to pursue Depo-Provera claims against Pfizer Inc. This order makes it easier for plaintiffs to collect the documentation they need to prove their claims, particularly when they (or their loved one’s) received Depo-Provera injections years or decades ago. Importantly, however, this order also establishes some additional filing requirements. For example, the order states that plaintiffs must file a “Plaintiff Proof of Use/Injury Questionnaire” within 120 days of filing their lawsuits. Since failing to meet these types of filing requirements can result in plaintiffs’ lawsuits being dismissed, it is imperative that all potential plaintiffs engage an experienced attorney to represent them throughout... --- Representation for Victims of Abuse in Foster Care and Other Child Welfare Settings If you or your child has been abused while living in foster care, it is important to understand your legal rights. It is also important to understand that you are not alone. Sadly, the statistics show that sexual abuse in foster care is alarmingly common, with one study finding that 81 percent of girls living in foster care have experienced sexual abuse at least once. Boys living in foster care frequently fall victim to sexual abuse as well, and regardless of a child’s age or gender, there are no excuses for sexual abuse under any circumstances. Our foster care sexual abuse lawyer helps children and families who are struggling to cope with the effects of sexual abuse in foster care and other child welfare settings. Our practice in this area is led by Adam Hecht, a former Assistant State Attorney who now dedicates his career to helping victims secure justice. Mr. Hecht has extensive experience handling cases involving sexual abuse in foster care and he can use his experience to fight for the outcome you or your child deserves. Understanding What Constitutes Sexual Abuse Sexual abuse can take many different forms. While many cases of sexual abuse involve clear instances of harassment or assault, more subtle acts can constitute sexual abuse as well—and they can have equally serious consequences for children who have been abused. We strongly encourage you to speak with a Florida foster home sexual abuse lawyer if you have experienced (or if you have concerns about) any of the following: Coerced Sexual Acts – Any type of coerced sexual act constitutes sexual abuse. This is true not only in the foster care setting but in all other settings as well. Coerced touching, oral sex, sexual intercourse, and sexual speech are all forms of sexual abuse. If you felt pressured to do anything against your will, we strongly encourage you to speak with a lawyer at Searcy Denney. Exposure to Sexual Content (i. e. , Pornography) – Exposure to pornography or other sexually explicit content also constitutes sexual abuse in the foster care setting. Children should not be forced to view sexual videos, photos or other content under any circumstances. Inappropriate Touching – Inappropriate touching also constitutes sexual abuse. While this includes fondling of children’s private parts, it can include other forms of unwanted touching (such as massaging) as well. Rape – Rape is a serious crime under all circumstances, and it can have serious and long-term psychological consequences for victims. If you or your child has been raped in a foster home or other setting, we can assist you with seeking help, and we can take all appropriate legal action on your behalf. Sexual Exploitation or Sex Trafficking – Children living in foster care may also experience abuse in the form of sexual exploitation or sex trafficking. Being forced to engage in sexual activities with anyone of any age is a serious form of sexual abuse for which children can (and should) seek protection and other appropriate remedies. Verbal Sexual Harassment or Abuse – Verbal sexual harassment or abuse can involve making sexually explicit or suggestive comments, requesting sexual acts, or making a child feel uncomfortable about his or her appearance or refusal to engage in sexual conduct. These are just examples, and to take action, you do not have to have experienced unwanted sexual conduct or sexual acts. If you have received requests or threats, if you have escaped an attempted rape or sexual assault, or if you need help for any other... --- Get the Help You Need to Recover the Financial Compensation You Deserve Slip and falls can cause serious injuries. If you slipped and fell on commercial property in Florida, you may be entitled to compensation for your injuries’ financial and non-financial costs. Our Florida injury lawyers handle slip and fall cases involving commercial properties statewide. If you have a claim, we can accurately calculate the compensation you are entitled to recover, and we can work to hold the commercial property owner accountable on your behalf. This, of course, assumes that you contact us in time. When you have a slip and fall claim involving a commercial property, time is of the essence. You need to document the cause of your accident before the evidence disappears. When you contact us, our Florida injury lawyers will get to work immediately, and we will do everything we can to help ensure that you receive the full compensation you deserve. Common Slip and Fall Risks at Businesses Slip and falls on commercial property are common. This is because there are several common slip and fall risks at businesses. The following are all common causes of slip and fall injuries—and they can all provide grounds to file a premises liability claim against a business in Florida: Recently Cleaned Floors While businesses need to keep their floors clean, they also need to make sure that they do not create slip hazards for their customers. Recently cleaned floors can be extremely slippery, and they are a common cause of slip and falls on commercial property. Sand and Gravel Thin layers of sand and gravel on top of smooth walking surfaces can be extremely slippery as well. If you slipped and fell in a parking lot, on a sidewalk or boardwalk, or anywhere else that sand or gravel had been allowed to accumulate, you may have a claim for just compensation. Spills and Puddles Spills and puddles are among the most common causes of slip and falls on commercial property. From spilled drinks at restaurants and stadiums to puddles at marinas and resorts, it doesn’t take much to cause a serious accident that results in painful and debilitating injuries. Slippery Walking Surfaces While water, sand and gravel can make walking surfaces slippery, some walking surfaces are slippery on their own. Tiles, wood and resurfaced asphalt are three examples of walking surfaces that can be responsible for slip and falls, even in clear and calm conditions. Unmarked Slip Hazards Businesses in Florida have a duty to identify known slip hazards. As a result, if you slipped and fell on an unmarked hazard that was not open and obvious, you may have a clear claim for financial compensation. Types of Businesses that Can Be Held Liable for Slip and Falls All types of businesses can be held liable for slip and falls on their property under Florida law. At Searcy Denney, our Florida injury lawyers are available to help accident victims seek just compensation from businesses including (but not limited to): Amusement parks Automotive dealerships and repair shops Bars, restaurants, coffee shops and nightclubs Doctor’s offices, dentists’ offices, pharmacies, hospitals and clinics Gyms and fitness centers Hotels, motels and resorts Marinas Retail stores (including grocery stores, clothing stores, electronics stores and home improvement stores) Sports and entertainment venues Whether you are a full-time Florida resident, a snowbird or a vacationer, we can handle your claim for you from start to finish. We can gather the evidence needed to prove that the business is liable, we can calculate your financial and non-financial losses, and we can fight to recover just compensation... --- Learn About Your Legal Rights if You Slipped and Fell at Someone’s Home in Florida If you slipped and fell on someone else’s personal property in Florida, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses. All property owners in Florida have a duty to ensure that their premises are reasonably safe for visitors and guests; and, when property owners fail to meet this duty, victims can hire a Florida injury attorney to help them seek just compensation. Whether you slipped and fell while visiting a friend or family member, or you were injured while making deliveries or working at a customer’s home, you owe it to yourself to speak with a Florida injury attorney about your legal rights. The costs of fall-related injuries can be substantial; and, if you have a premises liability claim, hiring an attorney to help you file a claim will allow you to recover these costs as efficiently as possible. Filing a Slip and Fall Claim Against a Homeowner’s Insurance Company In most cases, seeking just compensation for a slip and fall on personal property involves dealing with the homeowner’s insurance company. Most homeowners in Florida have insurance; and, while this insurance covers damage to their homes, it also covers third-party claims for premises-related accidents. To file a claim under a homeowner’s insurance policy after a slip and fall accident, you must be able to prove that the homeowner failed to meet his or her duty of care. As we mentioned above, all homeowners have a duty to ensure that their premises are reasonably safe for visitors and guests. While homeowners’ duties vary depending on why a visitor or guest is on their property, generally speaking, homeowners must take reasonable measures to prevent falls due to hazards such as: Slippery driveways, sidewalks or floors Slippery floor coverings Slippery pool decks Dangerous stairs Other slip hazards such as sand, leaves or gravel If you believe that a personal property owner is responsible for your slip and fall accident for any reason, you should schedule a consultation with a Florida injury attorney. This costs you nothing, and it will allow you to make informed decisions about how to deal with the costs of your injuries. Who Can File a Claim for a Slip and Fall on Personal Property? Who can file a claim for a slip and fall on personal property in Florida? While there are a few exceptions, most people will have the right to seek just compensation (by filing a homeowner’s insurance claim) if they slip and fall on personal property. Here are the rules that apply: Invited Guests – Personal property owners owe the highest duty to their invited guests. If you were injured in a slip and fall at a meetup, party or other gathering where you were an invited guest, you will want to speak with a Florida injury attorney about asserting your legal rights. Delivery Drivers – Delivery drivers can also generally file claims when they slip and fall due to hazards on homeowners’ property. While homeowners don’t necessarily need to address all slip hazards, they must take appropriate steps to remedy hazards of which they are aware. Contractors and Subcontractors – If you were injured in a slip and fall while working at someone’s home, you may have a claim in this scenario as well. Here, too, you will want to speak with a Florida injury attorney about your legal rights to ensure that you take appropriate legal action. Salespeople – Salespeople have the same rights as contractors and subcontractors when... --- Discuss Your Claim for Free Individuals who have been harmed by defective Exactech shoulder replacement systems may be entitled to financial compensation. Exactech has a long history of selling defective medical devices, and the U. S. Food and Drug Administration (FDA) issued a warning about the company’s Equinoxe Shoulder System joint replacement devices on January 16, 2024. According to the FDA, Exactech incorrectly packaged its Equinoxe Shoulder System joint replacement devices. The packaging from the company failed to include a crucial oxygen barrier layer necessary to protect devices from oxidation, which degrades plastic components over time. Device oxidation leads to accelerated wear or failure while resulting in component cracks or fractures. The damage from oxidation might require patients with the Equinoxe Shoulder System to undergo further surgical procedures for replacement or correction. Lawyers at Searcy Denney are actively representing individuals in Exactech shoulder replacement defect lawsuits. We have filed claims related to Exactech’s other defective medical devices many times before. If you have a claim, we can help you assert your legal rights. To learn more, schedule a free consultation today. About Exactech’s Defective Equinoxe Shoulder System Implants Exactech markets its Equinoxe Shoulder System implants as a form of treatment for several medical conditions. It touts several benefits on its website, which focuses on convincing surgeons that they should choose the Equinoxe Shoulder System over other medical devices. According to Exactech, its Equinoxe Shoulder System joint replacement devices can be used to treat conditions including: Osteoarthritis Osteonecrosis Rheumatoid arthritis Loss of normal structure and function Failed shoulder joint replacement devices However, due to issues with Exactech’s packaging, the materials in its Equinoxe Shoulder System implants are prone to breaking down prematurely. As noted by the FDA, oxidation caused by Exactech’s improper packaging can cause its Equinoxe Shoulder System implants to wear faster than they should, to crack and to fail. These issues present serious risks for patients, who may face complications including infections, bone loss, joint failures and fractures—in addition to the need for a second surgery to replace their defective shoulder implant. Exactech’s History of Marketing and Selling Defective Medical Implant Devices This isn’t the first time there have been issues with Exactech medical implant devices. We began warning about issues with Exactech’s shoulder replacement systems last year, and we covered some of the most common failure-related injuries in detail. Exactech has also faced lawsuits—including lawsuits filed by Searcy Denney lawyers—related to its defective knee and hip implants. These lawsuits have also focused on the company’s improper packaging, which causes oxidation resulting in premature degradation and failure. While the company’s knee and hip implants were both subject to widespread recalls, the FDA has not yet issued a recall for its Equinoxe Shoulder System joint replacement devices. However, the FDA is currently assessing the need for a recall, and one may be coming in the future. In any case, a recall is not necessary for patients who have been harmed by Exactech’s Equinoxe Shoulder System implants to come forward. Our lawyers have already filed multiple lawsuits against Exactech related to its defective shoulder implants, and we are actively taking new cases nationwide. The FDA’s Recommendations for Patients and Healthcare Providers While the FDA has not yet issued a recall of Exactech’s Equinoxe Shoulder System joint replacement devices, it has issued strong warnings to both patients and healthcare providers. For patients, the FDA suggests that if you notice any new or worsening pain or swelling, inability to move your arm, grinding noises or other sounds, or weakness near your Equinoxe Shoulder System implant, you should reach out to your health care... --- Families Affected by WanaBana USA’s Contaminated Applesauce Pouches May Be Entitled to Financial Compensation If your child has been diagnosed with lead toxicity after consuming a recalled WanaBana applesauce pouch, we would be happy to talk with you about your potential legal options. WanaBana —the company that sells WanaBana cinnamon applesauce pouches at retailers including Dollar Tree, Sam’s Club, and Amazon —announced a nationwide recall on November 9, 2023, and it is currently facing lawsuits alleging personal injuries suffered by children who consumed the recalled products, as well as class action lawsuits related to its recalled pouches. Eligible families may be able to seek just compensation for their children’s medical expenses and other losses. If you have questions about your family’s legal rights, you should speak with a WanaBana recall attorney as soon as possible. Searcy Denney partner Jack Scarola and attorney Katherine Kiziah are representing individuals and serving as co-counsel in the class action against WanaBana USA, and we are available to represent families nationwide. Are You Eligible to Join the WanaBana Lead Poisoning Lawsuit? On October 28, 2023, the U. S. Food and Drug Administration (FDA) announced that it had been made aware of four children in North Carolina being diagnosed with elevated levels of lead in their blood. An investigation revealed WanaBana apple cinnamon fruit puree pouches as a potential source of the children’s exposure, and subsequent testing concerned “extremely high concentrations of lead” in WanaBana applesauce pouches. WanaBana USA announced a voluntary recall less than two weeks later, on November 9, 2023. In its recall notice, WanaBana USA acknowledged that “rotecting children from exposure to lead is important to lifelong good health” and also acknowledged that exposure through ingestion and other means can cause weight loss, irritability, fatigue, abdominal discomfort, difficulty concentrating and other potentially serious effects. The pouches that are subject to the recall include: WanaBana Apple Cinnamon Fruit Puree 2. 5oz pouches Schnucks Apple Sauce 90g pouches Weis Cinnamon Apple Sauce 90g pouches According to WanaBana USA and the FDA, contaminated products were sold by retailers including (but not limited to): Amazon Dollar Tree Eatwell Markets Sam’s Club Schnucks Grocery Stores Weis Grocery Stores On November 13, 2023, the FDA announced that it had received a total of 22 reports of illnesses potentially linked to recalled WanaBana, Schnucks and Weis applesauce pouches. This number increased to 34 three days later and surpassed 50 by November 22, 2023. As awareness of the lead-related risks associated with WanaBana USA’s recalled applesauce pouches continues to grow, we expect this number to grow significantly throughout 2024. If your child has been diagnosed with a Wanabana lead poisoning injury or illness, developmental disability or other health condition linked to lead toxicity, should you file a claim against WanaBana USA? All parents who have been affected by WanaBana USA’s contaminated applesauce pouches should speak with an attorney about their legal rights. The costs of lead contamination can be substantial—and they can be lifelong in some cases. If your family is entitled to financial compensation from WanaBana USA, speaking with an attorney will be the first step on the road to financial recovery. Talking to a WanaBana recall lawyer costs nothing and class action plaintiffs do not have to pay any out-of-pocket costs or fees. What Should You Do if Your Child Has Been Diagnosed with Lead Contamination? If your child has been diagnosed with lead contamination after consuming a WanaBana, Schnucks or Weis applesauce pouch, there are some steps you will want to take promptly. If you have concerns about your child’s health and have not yet obtained a diagnosis,... --- Learn the Current Status of the Lawsuits Targeting Chemical Hair Straightener Companies Nationwide Companies that sell chemical hair straightening products are facing lawsuits from consumers across the country. These lawsuits allege that chemical hair straighteners sold by Revlon, L’Oréal and other companies cause ovarian cancer, uterine cancer and other serious medical conditions even when used properly. More victims are coming forward every day, and the litigation targeting these companies is growing rapidly. The Latest Updates on the Chemical Hair Relaxer Lawsuits Pending Across the United States Here are the latest updates from the chemical hair straightener lawsuit lawyers at Searcy Denney: October 2023 Update As of the middle of October, nearly 6,000 chemical hair straightener lawsuits have been filed in jurisdictions across the country. These lawsuits are continuing to be consolidated in multidistrict litigation (MDL) against Revlon, L’Oréal and other companies. As a result of Revlon’s bankruptcy filing earlier in the year, the judge overseeing the MDL has advised lawyers that they should file claims against the company as soon as possible in order to preserve their clients’ ability to recover. Another important development in October was the MDL judge’s ruling on the defendants’ discovery objections. Discovery is a key stage in the litigation process during which the parties have the right to obtain certain information from one another. While the defendants asserted broad objections to the plaintiffs’ discovery requests, the MDL judge ruled in favor of the plaintiffs on nearly all of the defendants’ arguments. As a result, the defendants now have a November 23, 2023 deadline to comply with the plaintiffs’ requests for internal communications, chemical engineering reports and other potentially key pieces of information. September 2023 Update In September 2023, it was reported that approximately 2,000 individual plaintiffs’ lawsuits had been added to the pending MDL over the past three months. This represented a significant uptick, which was anticipated based on growing awareness of the link between chemical hair straighteners and various health problems, including multiple forms of cancer. Also in September, one of the primary defendants in the pending MDL, Dabur International, filed a notice of change of counsel. Dabur International, which owns several subsidiaries in the U. S. and other countries, replaced its lawyers from Kirkland & Ellis LLC with lawyers from Baker & McKenzie LLP. Both firms are among the largest in the world; and, notably, Kirkland & Ellis LLC had previously served as lead counsel in the 3M earplug litigation. Perhaps coincidentally, and perhaps not, 3M agreed to settle its litigation in August for more than $6 billion. August 2023 Update In August 2023, the MDL litigation involving chemical hair straighteners really began to take shape. The judge overseeing the litigation approved a Short Form Complaint that new plaintiffs can use to join the litigation—and, as discussed in the more-recent updates above—this helped to facilitate a dramatic increase in the number of lawsuits filed. A short time later, the plaintiffs’ master complaint was filed as well. At more than 400 pages long, the master complaint includes 145 counts, and it provides a comprehensive overview of the allegations underlying the plaintiffs’ claims for damages. By the end of August, there were hundreds of plaintiffs involved in the MDL. As noted above, the total number of plaintiffs would increase more than tenfold over the next few months. August was also when the defendants filed their discovery objections, which would ultimately prove almost entirely unsuccessful. July 2023 Update In July 2023, the number of plaintiffs joining the chemical hair straightener litigation saw its first major uptick—although this number would quickly be surpassed in the months to... --- Learn About Your Legal Rights and Options if You Have Been Harmed by a Chemical Hair Straightener Chemical hair straighteners sold by several major companies have been linked to ovarian cancer, uterine cancer and other serious health risks. As a result, many customers who purchased and used these products are now taking legal action. If you have been diagnosed with cancer or another medical condition that was potentially caused by a chemical hair relaxing product, you may have a claim, and you should consult with a lawyer promptly. What You Should Know About Filing a Chemical Hair Straightener Lawsuit With chemical hair straightener lawsuits garnering mainstream media attention, there is now a lot of information about these lawsuits online. Unfortunately, not all of this information is accurate. If you think you may have a claim, here is an overview of what you need to know: 1. What Are Your Legal Rights If You Used a Chemical Hair Straightener? Companies that sell consumer products have a legal duty to ensure that their products are safe for their intended use. This is a fundamental consumer protection that applies to all consumer products sold in the United States. When companies sell products that aren’t safe for their intended use, these companies can—and should—be held accountable. Dangerous products can cause substantial harm to consumers; and, in many cases, they can leave consumers facing a lifetime of consequences. One of the most important aspects of companies’ liability for harm caused by dangerous products is that proof of negligence is not required. As a result, even if a chemical hair straightener company had no reason to suspect that its products were dangerous (although studies suggest that this isn’t the case), it can still be held liable for putting dangerous products on retailers’ shelves. With this in mind, individuals across the country who have been diagnosed with cancers and other medical conditions after using hair relaxing products potentially have grounds to file a chemical hair relaxer lawsuit. If you are one of these individuals, we strongly encourage you to speak with one of our lawyers about your legal rights—which include: The Right to Find Out What Happened – If you have been diagnosed with ovarian cancer, uterine cancer or any other medical condition after using a chemical hair straightener, you have the right to find out what happened. You have the right to find out if the product’s manufacturer is responsible for your diagnosis, and you have the right to find out if it knew (or should have known) that its products were dangerous. The Right to Go to Court – Victims of dangerous chemical hair straighteners have the right to take their claims to court. Many have gone to court already. When you file a lawsuit, the manufacturer is obligated to respond; and, if it doesn’t, you are entitled to a default judgment. The Right to Receive Just Compensation for Your Diagnosis – All victims of dangerous chemical hair straighteners have the right to receive just compensation for their diagnoses. As we discuss in greater detail below, this includes just compensation for their financial and non-financial losses. The Right to Hire a Lawyer at No Out-of-Pocket Cost – When filing a chemical hair straightener lawsuit, you have the right to hire a lawyer at no out-of-pocket cost. We represent all of our clients on a contingency-fee basis, which means our clients pay absolutely nothing unless they win. The Right to Make Smart Decisions that Protect You and Your Family – Finally, and most importantly, you have the right to make smart decisions that protect you and... --- Learn About Filing an Artificial Tears or EzriCare Eye Drops Infection Lawsuit Our law firm is handling lawsuits against EzriCare, LLC and Delsam Pharma LLC, involving the companies’ sale of contaminated eye drops. These companies’ eye drops (or labeled as Artificial Tears and Artificial Eye Ointment) have been discovered to contain dangerous bacteria that have caused vision loss, total blindness and even death in some cases. If you or a loved one has suffered from an infection caused by contaminated eye drops sold by EzriCare or Delsam Pharma, you should speak with a lawyer promptly. You or your family may be entitled to significant financial compensation. It costs nothing to learn about your legal rights, and, if you have a claim, you will pay nothing out-of-pocket for your legal representation. What Eye Drops are Being Recalled? EzriCare and Delsam Pharma have recalled their Artificial Tears and Artificial Eye Ointment eye drops following multiple consumer warnings from the U. S. Food and Drug Administration (FDA), Centers for Disease Control and Prevention (CDC), and other health authorities. Both companies are under the umbrella of Global Pharma, which first initiated a recall of the companies’ Artificial Tears eye drops on February 2, 2023. In its recall statement, Global Phara wrote: “The Centers for Disease Control and Prevention (CDC) alerted FDA to an investigation of a multi-state cluster of Verona Integron-mediated Metallo-β-lactamase (VIM)- and Guiana-Extended Spectrum-β-Lactamase (GES)- producing carbapenem-resistant Pseudomonas aeruginosa (VIM-GES-CRPA) infections possibly associated with the use of the artificial tears manufactured by Global Pharma Healthcare. To date, there are 55 reports of adverse events, including eye infections, permanent loss of vision, and death with a bloodstream infection. ” Since then, the recall has expanded to include Delsam Pharma’s Artificial Eye Ointment. The FDA issued a warning to consumers and healthcare professionals not to use Artificial Eye Ointment on February 21, 2023, and Global Pharma agreed to issue a recall for Artificial Eye Ointment the following day. Currently, the Delsam Pharma and EzriCare eye drop that are subject to recalls are: Artificial Tears (carboxymethylcellulose sodium) Lubricant Eye Drops, 10 mg in 1 mL, ½ fl oz (15 ml) bottle (Ezricare NDC 79503-0101-15, UPC 3 79503 10115 7) Artificial Tears (carboxymethylcellulose sodium) Lubricant Eye Drops, 10 mg in 1 mL, ½ fl oz (15 ml) bottle (Delsam Pharma’s NDC 72570-121-15, UPC 3 72570 12115 8) Artificial Eye Ointment (mineral oil 15%, white petrolatum 83%, 3. 5 grams / 1/8 oz. ) (Delsam Pharma’s NDC 72570-122-35, UPC 3 72570 12235 3) Due to the risks involved, the FDA recommends that consumers immediately stop use of these products, and it is advising healthcare providers not to use these eye drops with their patients. The CDC describes the current situation as an “outbreak” and has identified 81 patients in 18 states who were diagnosed with “a rare strain of extensively drug-resistant P. aeruginosa” caused by VIM-GES-CRPA infections from Artificial Tears, Artificial Eye Ointment, and other eye drops as of May 15, 2023. The recalls apply to eye drops distributed through health care providers and pharmacies as well as those sold in retail stores and over the Internet. This includes those sold at Walmart and on Amazon. How Were the Eye Drops Contaminated? According to the CDC, it is currently unclear whether EzriCare and Delsam Pharma’s eye drops were contaminated during the manufacturing process or became contaminated after opening. This lack of clarity is due in large part to the fact that Global Pharma did not adequately test its products for bacterial contamination before selling them to healthcare providers, pharmacies and retailers. The CDC also found that Global... --- The statistics on sexual assault are alarming. According to the U. S. Centers for Disease Control and Prevention (CDC), “sexual violence is common,” and more than half of women and almost a third of men will experience some form of physical sexual assault during their lifetime. As a result, far too many people find themselves in need of an experienced Florida sexual assault lawyer. If you or someone you love has been sexually assaulted, it is important that you speak with a lawyer. Even if the assailant has been arrested, this does not necessarily mean that you and your family will achieve justice. Recovering just compensation for the financial costs, injuries and longterm trauma resulting from a sexual assault involves filing a claim in civil court, and, in many cases, it involves going after a business or property owner that could—and should—have prevented the attack. What is Sexual Assault Defined as in Florida? Sexual battery is a broad term that is defined in Florida Statute 794. 011 and it encompasses many different forms of unlawful sexual conduct. However, there are many different types of sexually motivated crimes and, while the nature and severity may vary, it is clear that all can have significant and long-term impacts on nearly every aspect of survivors’ lives. What constitutes sexual assault and/or sexually motivated crime? Some examples include: Rape and attempted rape Nonconsensual physical contact Nonconsensual verbal and written communication (including texts and direct messages) Coerced sexual activity Sexual acts perpetrated against victims who are unable to refuse consent Stalking, sexual intimidation and indecent exposure (both in person and online) Unfortunately, all of these forms of sexual assault are common. They occur at bars and nightclubs, in homes and dorm rooms, on cruise ships, in public places, and just about everywhere else. Regardless of what happened and where it occurred, if you or someone you love has been victimized, you should speak with a Florida sexual assault lawyer as soon as possible. Criminal Penalties for Sexual Assault in Florida In Florida, the criminal penalties for sexual assault depend on the specific charge (or charges) involved. Fortunately, the penalties for most forms of sexual assault are relatively severe. In many cases, perpetrators can face 15 to 45 years behind bars—reflecting the severity of the criminal acts they have committed. Criminal sexual assault convictions can result in fines, rehabilitation, parole and other penalties as well, and individuals who get convicted of sexual assault crimes must also register as sex offenders upon their release. Importantly, however, criminal charges for sexual assault do not result in compensation awards for victims and their families. To recover just compensation, victims and their families must pursue claims in civil court. If the perpetrator is facing criminal charges, you should not wait to hire a lawyer. There are several reasons why it is important to hire a Florida sexual assault lawyer promptly, and the perpetrator does not need to get convicted in order for you to be able to file a claim. Defenses to Sexual Assault Allegations There is no justification for sexual assault—not under any circumstances. Even so, when facing sexual assault charges, perpetrators and their defense lawyers will fight to avoid sentencing by all means available. When you file a claim against a bar, nightclub, cruise line or other business that is liable for what happened, the company and its defense lawyers will dispute your allegations by all means available as well. For example, some common defenses to sexual assault allegations include: Alleging that the sexual conduct was consensual Arguing mistaken identity False accusations of sexual assault Presenting DNA evidence... --- Contact a Florida Sexual Abuse Attorney Helping Victims Obtain The Compensation They Deserve Many victims of sexual abuse are aware that the criminal justice system will take action against the perpetrator. This action takes the form of criminal charges, jail time for the offender, and the requirement that they register with governmental agencies. These actions, while serving to punish the perpetrator, do not compensate the victims for their injuries. Fortunately, the civil justice system does allow for remedies that many victims do not realize are available to them. Handling such cases, however, can quickly become complicated. This is due to the fact that it may not be clear as to which parties may be liable beyond the perpetrator of the offense. The lawyers of Searcy Denney are experienced in handling such matters. While criminal defense attorneys may defend the rights of the offenders, we believe in protecting the victims' rights. If you need assistance, then contact us today to speak with a Florida sexual abuse attorney. Florida Attorneys Assisting With Identifying Those Responsible For Sexual Assault and Gaining Compensation For the Victims The criminal justice system seeks to punish those who commit crimes and to keep them off of the streets. This punishment is meant to keep the general public safe from future criminal conduct. It does not, for the most part, seek to make the survivors of crime whole after they have suffered losses. The civil justice system, by contrast, is meant to compensate those who have been harmed by another. In other words, the civil justice system seeks to reimburse the victim for what they have already lost, as opposed to protecting the general public from harm that may occur in the future. A victim may be awarded damages for medical costs, lost time from work, and for the emotional trauma and grief inflicted by such a horrific event. Also, a victim may be entitled to file a claim for punitive damages. Florida Attorneys Identifying the Possible Civil Defendants in a Sexual Assault Case It goes without saying that the actual perpetrator of the offense will be named as a defendant in a sexual assault case. What many do not realize, however, is that if the individual was acting in some official capacity or in the scope of their employment, then the employer may also be liable for what has happened. The negligence of a company, a property owner, or another entity can result in situations that create dangerous environments that lead to such assaults. In these instances, it can be possible to bring an action against such an entity. Cases handled by our office include, but are not limited to: Athletic Organization Sexual Abuse Claims - Coaches, assistant coaches, and league administrators have been known to abuse their power and take advantage of those whom they oversee. In such cases, it is possible to bring suit against the perpetrator, others in the organization who knew about such practices, and the organization itself. Child Pornography Cases - The defendants in such cases will bear substantial criminal penalties. It may be possible to bring a civil action against a third party if the company equipment or property was used in the commission of the crime. Child Sex Abuse and Molestation Cases - It is not uncommon for sexual abuse or molestation to be caused by someone acting in an “official” capacity. Such offenders may include teachers, coaches, social workers, etc. In these types of instances, their employer may also face liability. College Sexual Assault Cases - Colleges have a duty to keep their students safe. Unfortunately, this duty is... --- Florida Sexual Abuse Attorney Assisting Those Harmed In Sports Organizations Athletic organizations are meant to provide an avenue for good-spirited competition. This is true whether the organization involves youth-football games or professional athletes. It is important to understand that, in addition to organizing events, these organizations have duties that go well beyond the competition. These duties include the obligation of ensuring the well-being and safety of athletes, spectators, and others. Unfortunately, it is not uncommon to hear about sexual assault, molestation, and harassment within these organizations. While nothing can change the past and erase such a horrific event, it is important to make sure that your rights remain protected. One step towards protecting your rights is to contact a Florida sexual abuse attorney immediately. Bringing Suit Against Coaches, Athletic Directors, and Others for Sexual Assault Florida sports organizations have a duty to reasonably screen and supervise their employees. They also have a duty to provide a safe environment for those utilizing their facilities or services. Unfortunately, they sometimes fail in these duties and sexual abuse of athletes, students, or others, occurs as a result. In such instances, it is possible to bring a claim against the perpetrator as well as the organization itself. In addition to the protections provided under Florida law, the Safe Sport Act of 2017 requires mandatory reporting of any known acts of sexual abuse against youth athletes. Common claims against sports organizations involve coaches, assistant coaches, athletic directors, and others in positions of authority. In some cases, the abuse may go on for years without being reported. Examples of such conduct can include: The sexual assault of athletes Withholding playing time unless the demands are met Threatening to make negative statements to college recruiters Threatening to punish other team members unless the demands are met Etc. If you, a family member, or others that you know have been the victims of such conduct then it is important to report it to law enforcement immediately. Contact a Florida Sexual Abuse Attorney For Claims Against Athletic Organizations It is important to take immediate steps to protect your interests if you have been abused by a coach, team administrator, or other staff member. You only have a limited amount of time in which to bring your claim. Time, therefore, can be of the essence. Our Florida sexual abuse attorneys understand that this is a horrible situation and we will stand up for your rights. Contact us online, by email at lewisteam@searcylaw. com, or by telephone at 800-780-8607. --- Florida Child Pornography Attorney Assisting Victims Few things are as traumatic for children as being the subject of child pornography. The act of producing such materials is typically perpetrated by someone who is in a position of trust. Such perpetrators can include teachers, counselors, coaches, etc. Fortunately, Florida takes a harsh stance against those who commit such crimes. It is important to note that the civil justice system also provides recourse for victims and their families. Contacting a Florida child pornography lawyer is one of the first steps in being compensated for the wrongs which have been levied upon you and your child. Bringing a Civil Action Against the Individuals and Entities Who Created Child Pornography Establishing liability against the person who perpetrated the wrong in child pornography cases is often straightforward. Unfortunately, such defendants are often uncollectible. In order for a victim to actually recover damages, they will often need to establish liability against the perpetrator’s employer or some other entity. While businesses and other entities are liable for the negligent actions of their employees, they are typically not liable for the intentional acts of those individuals. This means that if an individual abuses their position, and takes advantage of a child, then the employer will generally not be directly liable for this act. There are, however, two instances in which a supervising entity may still be responsible for producing child pornography. The first instance is when it is shown that the employer’s negligent hiring and/or supervision of the employee created a dangerous situation. The second is when “... the employee/tortfeasor was assisted in accomplishing the tort by the existence of the employee/employer relationship. ” IGLESIA CRISTIANA v. LM, 783 So. 2d 353 - Fla. Dist. Court of Appeals, 3rd Dist. 2001. Establishing liability against an employer on the basis of the aforementioned exceptions can involve complicated legal theories. Gaining proof of the employer’s negligence will also often require extensive discovery. Retaining an experienced attorney to assist you will be vital in proving your case. As part of their investigation, your civil attorney will closely monitor any related criminal proceedings. This includes staying in contact with the prosecutor, being present with you during any sentencing hearings, etc. Contact a Florida Child Pornography Lawyer For Immediate Assistance With Your Case If anyone in your family has been the victim of child pornography, then you have suffered a horrible wrong. The State of Florida can take steps to ensure that the perpetrator receives a just sentence. The civil justice system can help get you money for the child’s mental and physical injuries and other damages. Our Florida child pornography attorneys understand that this is a tragic and sensitive situation, and we believe in standing up for those who have been the victims of such crimes. Contact us online, by email at lewisteam@searcylaw. com or by telephone at 800-780-8607. --- Florida Attorney Assisting Children Who Have Been the Victims of Sex Abuse and Molestation Nothing may be more traumatic for a child than to be the victim of sexual abuse or molestation. Fortunately, Florida takes a tough stance against such offenders and they will face substantial penalties if convicted in a court of law. It is also important, however, to make sure that the survivor and their family receive just compensation. Such compensation will allow them to focus on the most important thing - the well-being of the child - and to ensure that the child receives medical treatment for his or her mental and physical injuries. Our Florida child sex abuse and molestation lawyers are devoted to standing up for the rights of victims, and we are here to assist you in such matters. Attorneys Assisting Florida Children Who Have Been Abused or Molested By an Authority Figure Florida defines sexual abuse as coercing or threatening an individual so that they will engage in otherwise unwanted sexual activity. Such situations often involve a perpetrator who is in a position of power. Examples of such persons include: Sexual abuse by athletic coaches or directors Sexual misconduct by elementary school teachers Sexual misconduct by high school teachers Sexual abuse in religious organizations Sexual misconduct in youth organizations The hiring or supervising entity may potentially share liability with the wrongdoer in these types of situations. Methods through which liability can be established against these entities include: Claims for negligent hiring and supervision - If it is shown that a business or organization failed to properly screen or supervise an employee and that failure created a dangerous situation, then the employer may be liable. Knowingly allowing the conduct to continue - There are, unfortunately, instances in which the supervisors of an employee know or suspect that the employee is engaging in inappropriate conduct. This is especially true in situations involving sports and religious groups. In these situations, the supervisor, as well as the broader organization, will likely face liability. Failing to report conduct after it occurred - There are situations in which an employer learns of the conduct and terminates the employee without reporting the incident to law enforcement. Such situations may very well violate mandatory reporting laws, depending on the nature of the industry. The violation of such laws may result in a claim against the employer. It is important to remember, however, that the theory of liability for any given case will always depend on the specifics of the situation. Call Us To Speak With a Florida Child Sex Abuse and Molestation Attorney Regarding Your Abuse or Molestation Concerns If your child has been abused or molested, then your family has been through a horrible ordeal. At a time like this, it is important to focus on the well-being of your son or daughter. Our lawyers will focus on this area of the law so that you may focus on moving your life forward. If you are in need of assistance, contact us today to speak with a Florida child sex abuse and molestation lawyer. We may be contacted online or by email at lewisteam@searcylaw. com. We can also be reached by telephone at 800-780-8607. Contact us today to schedule an initial consultation. --- Florida Sexual Assault Attorney Assisting Those Who Were Assaulted On a College Campus College is meant to be a time of learning and new life experiences. These new experiences, in turn, are meant to be had on a college campus that is safe. The truth of the matter, however, is that colleges sometimes fail to meet their obligation to provide a safe environment. While the criminal courts will deal with punishing the wrongdoer, it is up to the civil justice system to ensure that the survivors of such crimes receive the compensation they deserve. If you find yourself needing to bring an action against a university, then contact us today to speak with a Florida college sexual assault attorney. Federal Law Protects Students Who Are Sexually Assaulted On College Campuses Title IX is a federal legal framework that places requirements on all universities that receive federal funding. Among these requirements are the obligation to have policies in place that help to prevent sexual assault from occurring on campus. Schools are required to meet this obligation in two ways. First, they must take reasonable steps to ensure that such incidents do not occur. Second, when such incidents do occur, the school is to respond quickly and must adequately address the situation. Common forms of negligence, which lead to liability against universities, can include: Failing to maintain adequate lighting on campus Failing to ensure that the doors of the dorm rooms have functioning locks Having inadequate security staff on campus Failing to respond to information that may indicate that someone on campus is a threat Not conducting a proper investigation when an incident is reported Not taking steps to meet a student’s needs after an assault Whether such failures will, in fact, lead to liability against the school will depend on the specifics of the case. It is strongly suggested that you speak with an attorney in regard to your particular situation. Steps To Take After Being Sexually Assaulted On Campus The unfortunate truth is that many assaults go unreported. While it is understandable why this occurs, the fact of the matter is that no resolution can come from keeping the crime is kept private. If you have been sexually assaulted on campus, it is strongly suggested that a) you report the matter to campus security and/or local law enforcement immediately and b) follow up with them regularly to ensure that they are taking appropriate steps. These steps should include finding the perpetrator and making improvements to ensure that you are safe in the future. Contact a Florida College Sexual Assault Attorney if You’ve Been Assaulted On a College Campus If you have been assaulted on a college campus, you have been through a traumatizing event. The best thing for your situation is to move forward as quickly as possible. Steps to do so include contacting campus security, law enforcement, and an attorney to protect your interests. Our Florida college sexual assault attorney understands that you have been through an ordeal. We will focus on the law so that you may focus on the future. We may be contacted online or by telephone at 800-780-8607. Call or email us at lewisteam@searcylaw. com today to schedule an appointment. --- Florida Cruise Ship Rape Attorney Assisting Those Who Have Been Raped or Sexually Assaulted on a Cruise Ship Going on a cruise is meant to be a calming and relaxing experience. Part of this relaxing experience stems from the assumption that going on a cruise is safe. There are, however, times when a cruise operator fails to take the steps needed to keep their passengers safe. One of the unfortunate results of such a failure can be the rape or sexual assault of a passenger. Unfortunately, many such events go unreported. It is important to understand that if you have been through such an experience, you have recourse that goes beyond contacting law enforcement. While financial compensation cannot change what has happened, it can help you to move forward with your life. If you need to take action against a cruise line due to its failure to provide a safe environment, then contact us today to speak with a Florida cruise ship rape attorney. Bringing Suit Against Cruise Ship Operators For Sexual Assault Cruise ship operators have a duty to take reasonable steps which are meant to ensure the safety of their passengers. If they fail to meet this duty, and a sexual assault occurs because of that failure, then the survivor may be able to recover damages from the operator in addition to the perpetrator. The damages which a survivor can recover may include medical expenses, lost wages, compensation for emotional pain and suffering, and possible punitive damages. Typical situations which can result in liability on the part of the cruise line operator can include: Failing to properly secure the doors and entrances to the rooms Failing to maintain adequate security on the boat Not taking action against a passenger who has already raised suspicion Failing to properly screen passengers who board the boat It is important to remember that whether or not the operator will be liable for such a failure will depend on the specific facts of the case. Cruise Ship Sexual Assault and Rape Cases Will Likely Involve Multiple Defendants A claim against a cruise ship operator is likely to implicate employees of the ship itself as well as the parent corporation. These types of companies typically operate through a complex corporate structure, and, as a result, it is likely that multiple defendants will be named in a case. The involvement of multiple defendants also means that there will be varying causes of action against each party. Such matters can quickly become complicated, and it will be important to retain an experienced attorney. Contact a Florida Cruise Ship Rape Attorney If You Were Raped or Assaulted While on a Cruise If you have been raped or assaulted on a cruise ship, then you have been through a horrific event. The most important first step is to immediately contact the cruise ship’s security staff immediately after the incident. It is also suggested that you contact law enforcement. Once you have reported the incident, it will be important to speak with a lawyer so that your rights remain protected. Our Florida cruise ship rape attorneys understand that this is a critical time in your life. We will give your case the attention it deserves. We may be contacted online or by telephone at 800-780-8607. Call or email lewisteam@searcylaw. com today for an initial consultation. --- Florida Sexual Assault Attorneys Holding Dating Websites Accountable The desire to find a mate is a powerful one. This is why, in today’s increasingly connected world, people are turning to dating websites in order to find a significant other. While these types of websites can yield great results, they can also result in the introduction of a dangerous individual. Typically the company which owns such a website or app will not be responsible for the conduct of its users. There are times, however, when it may be possible to show that the website allowed a dangerous condition to exist and, as a result, a victim was assaulted or otherwise harassed. If you have been the victim of sexual assault, you will need an experienced attorney to assist you in claims against the operator of a dating website. Our Florida dating website sexual assault attorneys are ready to assist you. Dating Websites May Face Liability For Knowingly Allowing Violations Of Their Terms Of Services Dating websites and applications will typically have terms of service that dictate limits on how people may interact with each other online. These terms of service will often include prohibitions against conduct that threatens, harasses, or otherwise endangers website users. It is also common for such websites to have a mechanism that allows users to report when others are violating those terms of service. If a website operator has been informed that a user is potentially dangerous and that user is allowed to remain on the platform, then the operator may face liability if that user harms someone. Establishing such liability can involve extensive discovery and complex legal theories. It will be important to retain a qualified lawyer to assist you in such matters. Bringing Claims Against Individuals And Dating Websites It is illegal under Florida law to demand payment for the non-release of sexually compromising photos, emails, text messages, etc. Demanding money to keep such materials private is often referred to as “sextortion. ” Unfortunately, there are those who use dating websites as an avenue for meeting the victim of their next sextortion scheme. When such an act occurs, then the perpetrator can face civil liability in addition to criminal penalties. It may also be possible to bring a claim against the dating website itself if it can be shown that they had reason to know such conduct was occurring on their platform. Contact a Florida Dating Website Sexual Assault Attorney if You Were Victimized Through a Dating App or Site If you have been raped, sexually assaulted, or otherwise victimized by someone you met on a dating website, then it is important that you contact law enforcement immediately. Once the police have been contacted, then it is important to remember that you have options. While financial compensation cannot “undo” the harm that was done to you, it can help to put your life back on track. Our Florida dating website sexual assault attorney understands the serious nature of such situations. We will give your case the attention it deserves. Contact us online, by email at lewisteam@searcylaw. com or by telephone at 800-780-8607. Call today for an initial consultation. --- Elementary School Sexual Abuse Attorney Assisting Students and Their Families in Florida A school is meant to be a safe place for children. Unfortunately, there are far too many instances where a child is raped or otherwise sexually abused. Such abuse can come at the hands of an administrator, a teacher, or another student. When these types of abuses arise, then the child and their parents may have a claim against the school’s staff as well as the school district itself. While financial compensation cannot undo the harm that has been done to your child, it can assist with preparing them for the rest of their life. Our Florida elementary school sexual abuse attorney handles such matters, and we are ready to assist you. School Districts Face Liability if They Fail to Adequately Protect a Child Schools owe a duty of care to the students whom they supervise. This duty requires a school district to take reasonable steps in ensuring that it is providing a safe environment. When a rape, other sexual assault, or some form of sexual abuse occurs due to the breach of this duty, then the school district may face liability. Common situations which result in a negligence claim against a school district can include the following: The negligent hiring and supervision of employees - School districts must take reasonable steps to screen their employees and ensure that they are not hiring someone who poses a risk. If a student is assaulted by an employee (such as a teacher or administrator), then the school district faces liability if there should have been reason to know the person was a risk. Failing to provide adequate security on campus - All schools must have proper security staffing or else the children’s safety cannot be ensured. If school security does not adequately monitor or inspect a given area, and a student is sexually assaulted in that area as a result, then a claim may exist against the school. Failing to investigate reported misconduct - If a school district or its employees are notified of potential risk involving a student, a teacher, or some other person then they have an obligation to investigate the matter. Failing to fully investigate the situation, and to take appropriate action, can create a dangerous situation. If such a situation leads to the assault of a child, you may have a claim against the school district. It is important to remember that all cases are fact specific and whether or not a school district and its employees are liable will depend on the specifics of the matter. Our Florida Attorneys Assist With Claims Involving Sexual Abuse in Elementary Schools If your child has been raped, sexually assaulted, or has suffered some other form of abuse, it is suggested that you contact the police as soon as possible. It is also important that you contact a lawyer so that their interests are protected. Our Florida elementary school sexual abuse attorneys understand the gravity of the situation, and we will make your case a priority. Contact us online or by email at lewisteam@searcylaw. com. You can also reach us by telephone at 800-780-8607. Call today for an initial consultation. --- Sexual Organ Exposure Attorney Assisting Those Subjected To Indecent Exposure in Florida We all have a right to go into public without being harassed or threatened by others. While issuing threats or harassing someone is bad enough, there are those who go beyond the pale and expose themselves to others in public. If someone exposes themselves to you in a public venue then, depending on the circumstances, the venue may be liable for damages. If you have been subjected to such a situation, contact us today to speak with a Florida sexual organ exposure attorney. Bringing Claims Against Venues Which Allow Indecent Exposures To Occur When the owner of a location or venue makes their space open to the public, then they must take steps to ensure the safety of their visitors. If they fail to take these steps, and someone is harmed as a result, then the owner or operator of the facility may be required to pay damages. One does not have to endure a physical injury to “suffer harm. ” The trauma of someone exposing their anatomy to you can inflict emotional distress which is compensable. Common venues in which there may be a civil suit due to indecent exposure can include bars, nightclubs, concert halls, sporting arenas, grocery and retail stores, etc. Examples of how a property operator may fail to keep the premises safe can include the following: Failing to properly monitor and secure the area - if an area is not monitored by either security personnel or cameras then the property owner may be creating a dangerous situation. They can be held liable if a bad actor takes advantage of this situation. Allowing bad actors to return - If the property owner has previously had to remove individuals from the premises, and they are allowed to return, then the owner is on notice of the potential problem. They can be held responsible for harm that the bad actors then cause. Failing to properly monitor patrons - If one operates a bar or a restaurant then it is important to monitor the patrons for observed intoxication levels. If someone is noticeably drunk and is allowed to remain, then they potentially become a risk to others. Failing to act on reports - If patrons of an establishment report that someone is becoming aggressive or belligerent, then the owner may be liable for actions they take after being allowed to stay. Whether an owner can actually be held liable for an indecent exposure that occurs on their property will always depend on the specifics of the situation. Our Sexual Organ Exposure Attorneys Assist With Claims Involving Indecent Exposure in Florida If you have been the victim of indecent exposure, it is suggested that you contact the police as soon as possible. Once you have contacted the police, it is strongly suggested that you contact a lawyer so that your rights are protected. Our Florida sexual organ exposure attorneys understand that you have been through a traumatic event and we will make your case a priority. Contact us online or by email at lewisteam@searcylaw. com. We can also be reached by telephone at 800-780-8607. Call today for an initial consultation. --- Florida Attorneys Assisting the Victims of Forcible Rape Few crimes are more horrific than forcible rape. The criminal justice system has steps in place to ensure that those who commit such an act are brought to justice. While the criminal system is rightly focused on punishing the wrongdoer, the civil justice system allows for the victims of such a crime to recover damages. While these damages cannot undo the wrong that has been done, they can assist the victim with moving forward. If you have been the victim of rape, contact our office today to speak with a Florida forcible rape attorney. Rape Victims May Be Able to Sue Parties Other Than the Perpetrator When one has been the victim of rape or sexual assault, it goes without saying that one can bring a lawsuit against the perpetrator. It is quite possible, however, that the individual will be uncollectible. This would mean that the survivor would likely not recover the money they are owed. It may be possible, however, to name other defendants whose negligence created a dangerous situation which, in turn, allowed the crime to occur. Situations in which a third party may bear responsibility for rape can include: Rental property managers who fail to maintain adequate security - The managers of rental housing have a responsibility to ensure that the homes are reasonably safe. This can include, for example, the requirement to provide locking windows, functional door locks, and adequate security for the common areas of an apartment complex. If a property owner is negligent in regard to security, then they may be liable if rape occurs as a result. Bar and restaurant owners who fail to monitor their establishment - It is not uncommon for a victim to be taken advantage of after leaving a bar or a restaurant. If the owner or an employee of the establishment has reason to believe that an individual has drugged, or is attempting to follow, a patron then they may face liability if they do not properly report and respond to such conduct. Additionally, if the employees themselves rape a patron, there are many instances where their employer could face liability. Cruise ships or vacation settings that do not provide adequate security - The owners and managers of cruise ships, hotels, or other vacation settings have a responsibility to keep vacationers safe. If they fail to provide proper security, or to otherwise properly police their premises, then they may be found as having contributed to a rape that occurs. Spas and Massage Parlors - The owners must take reasonable measures to properly screen and supervise masseuses and those who provide massage services to clients and if they fail to do so and a client is raped, the employer may be liable. The question of whether a third party is responsible for rape can involve complicated legal issues. To understand whether you have a claim against a third party it is important to discuss your situation with a lawyer. Contact Our Florida Forcible Rape Attorneys If You Have Been Raped If you are a survivor of sexual assault, you have been through a horrible event. While some lawyers devote their practice to protecting the rights of criminals, we believe in standing up for the rights of victims. Our Florida forcible rape attorneys are here for you in this time of need, and we will make your case a priority. Contact us online, by email at lewisteam@searcylaw. com or by telephone at 800-780-8607. Call today for an initial consultation. --- Florida Sexual Abuse Lawyers Assisting High School Students and Their Families High school is a time when young people are meant to transition into adulthood. Schools are meant to be a supportive environment in which this transition can occur. It is an unfortunate truth, however, that instead of receiving this support many high school students are subjected to sexual abuse. This abuse can come from teachers, school administrators, other school employees, and fellow students. When such a situation arises, it may be possible to hold the school district responsible for what has occurred. If your family is in need of assistance, then contact us today to speak with a Florida high school sexual abuse lawyer. Schools Can Be Held Responsible for the Sexual Abuse of a Student School districts have a duty to provide a safe environment for the children under their care. When they breach this duty and a child suffers harm, then the child and their family may be able to recover damages. Defendants in the case can include the perpetrator, teachers, administrators, coaches, and more. Common examples of such situations include: Teachers and coaches who take advantage of students - Teachers and coaches sometimes abuse their authority to take advantage of a student. This can include threatening a student with bad grades, a lack of playing time, etc. Administrators who abuse their authority - School principals, deans, and other administrators may have abused their authority by making threats against a student. They may also tell the student who is having problems at school that they can avoid suspension or otherwise stay out of trouble if they succumb to the administrator’s wishes. Other school personnel may abuse their positions - Other school employees, such as librarians, security staff, janitors, etc. may very well abuse their position and find a way to take advantage of a child. The failure to screen and supervise such employees may very well fall on the school district. Failing to protect a student from other students - A student may have reported that they were being harassed, threatened, or otherwise intimidated by one of their peers. If the school does nothing and allows this conduct to go on, then the school district may be liable when the conduct morphs into sexual abuse If your child has been the victim of sexual abuse at school, it is important that you report the incident(s) to law enforcement immediately. Crimes of a sexual nature often go unreported and this is true in the high school setting as well. No justice can be had for your child if the proper authorities are not made aware of what has happened. Our Florida Sexual Abuse Attorneys Assist Families Whose High School Student Has Been Harmed If your high school student has been the victim of rape, sexual assault, or other abuse, then it is important that you take immediate steps to protect their rights. One of these steps is to retain a lawyer who will get your child the compensation they deserve. While it is true that a financial award cannot erase what has happened, it can help your child in other areas of life so that they may get past this trying time. Our Florida high school sexual abuse lawyers understand the situation you are facing and we are ready to assist you. Contact us online or by email at lewisteam@searcylaw. com. You can also reach us by telephone at 800-780-8607. Call today for an initial consultation. --- Florida Attorneys Assisting Those Who Have Been Subjected to Human Trafficking The idea of someone being taken against their will for sexual purposes is truly horrifying. Quite often, those who commit such crimes are part of larger criminal syndicates. Surprisingly, such offenses are also committed by high-net-worth individuals. Examples of this include Jeffrey Epstein and multiple former NFL players. The criminal justice system is dedicated to ensuring that such individuals receive a just punishment. The civil justice system, by contrast, is dedicated to ensuring that victims receive compensation. Our Florida human trafficking attorneys are dedicated to protecting victims' rights in such situations. Contact us today to schedule an appointment. Individuals Who Engage In Sex Trafficking Can Be Liable For Damages to Their Victims High-net-worth individuals who engage in sex trafficking can be ordered to pay damages to their victim in a civil suit. In addition to the various torts involved in such a matter, a victim may also bring a claim under the Trafficking Victims Protection Act (TVPA). The amount awarded will include the cost of medical expenses, financial losses, as well as compensation for the emotional distress and physical pain inflicted upon the victim. Furthermore, given the nature of such cases, punitive damages may well be awarded. Any award granted to a victim will be non-dischargeable in bankruptcy since they flow from intentional conduct by the defendant(s). In addition to the individuals in charge of such operations, those who assist them in facilitating human trafficking may also be held liable. Such individuals or businesses sometimes include: Hotels and motels Producers in the adult entertainment industry Individuals in the agriculture industry who prey on immigrants Individuals in the caregiving industry or in childcare facilities The owners of massage parlors Etc. Identifying the various entities to name in a lawsuit can become complicated. Retaining an experienced attorney can help to ensure that your case is handled correctly. Establishing Liability In Sex Trafficking Cases Through Criminal Convictions If an individual is convicted of sex trafficking, then the conviction may be entered as evidence in the civil proceedings. Given that criminal convictions require a higher standard of proof than a civil judgment, entering a conviction may well be enough to establish a defendant’s liability altogether. Given the potential impact of the criminal proceedings on your case, it will be important for your lawyer to closely monitor the corresponding criminal case. This will include obtaining copies of any evidence the prosecution uses and more. Our Florida Human Trafficking Attorneys Assist Victims and Families Who Have Suffered Due to Sex Trafficking If you or a member of your family have been the victim of sex trafficking, we would be happy to speak with you to see how we can help. While some lawyers devote their practice to protecting the rights of accused individuals, we believe in protecting victims' rights. Our Florida human trafficking attorneys understand that you need to get your life back on track and we are ready to assist you. Contact us online, by email at lewisteam@searcylaw. com, or by telephone at 870-780-8607. Call today for an initial consultation. --- Florida Sex Abuse Lawyers Pursuing Claims For Those Abused by the Clergy Sexual predators often take the form of individuals claiming to be of assistance. An unfortunate common example of this is individuals within various religious organizations. When a priest, pastor, or other such individual takes advantage of a member of their congregation, the broader institution may possibly be held liable. Unfortunately, such conduct often goes unreported. If you or a family member have been the victim of such abuse, then it is important that you report the situation to law enforcement immediately. It is also important that you speak with an attorney so that your rights remain protected. Churches and Religious Groups Owe a Duty of Care to Their Congregation A religious organization has a duty to ensure the safety of anyone who attends their services or otherwise interacts with the group. Such organizations may also have a fiduciary duty to their members due to the special relationship which exists between clergy and parishioners. This fiduciary duty means that religious groups have an obligation to prioritize the best interests of the parishioners. Common claims against a church or other institution can include: Breach of fiduciary duty for failing to protect the best interests of the victim The negligent hiring, retention, or supervision of clergy members or other personnel Failing to report known acts of sexual abuse Many of the offenses committed by clergy members involve the sexual abuse of children. Depending on when the abuse occurred, there is no statute of limitations in the State of Florida for actions against a religious institution if the child was under 16 years of age at the time of the incident. FL Stat. 95. 11(9). So, even if the abuse happened years ago, you still may be eligible to bring a claim. Report Sexual Abuse As Soon As Possible It is understandable that many acts of sexual abuse go unreported when religious institutions are involved. Victims and their families are often in shock at what has occurred and many simply do not want to believe that such a thing can happen. Furthermore, some may believe that reporting the incident would somehow violate their faith. It is important to understand, however, that not reporting the incident likely results in two things. First, such horrific acts will be inflicted upon others. Second, you will not be compensated for your damages. These are two reasons why it is important to contact law enforcement immediately. Contact Our Florida Sex Abuse Lawyers If You Were Victimized by a Religious Institution If you or a family member (including your child) have been preyed upon by a religious institution, it is crucial that you contact a lawyer immediately after contacting law enforcement. Our Florida sex abuse lawyers are well aware that the situation you are facing is difficult and is causing you grief. We will take the appropriate steps to protect your interests. We focus on this area of the law so that you may focus on moving your situation forward. Contact us online or by email at lewisteam@searcylaw. com. Also, feel free to call us at 800-780-8607. We look forward to speaking with you. --- Florida Revenge Porn Attorneys Representing Those Being Harassed By a Former Ex Many relationships end badly. While it is understandable that your ex may be upset about the situation, there are some who take it too far. This can include making explicit images, videos, text messages, and other information public even though it was meant to remain private between the two of you. If your ex is engaging in “revenge porn” activities, then they can face penalties in the criminal justice system. You may also be able to recover damages against them civilly. Revenge Porn Can Lead To Criminal and Civil Liability Against the Offender Florida law provides people with a reasonable expectation that sexually explicit images or videos of you, taken by your ex with your consent, will remain private. If your ex then posts such materials on a website or transmits them by some other means, they may well have committed the crime of revenge porn. They will be considered as having committed this crime if they posted the materials with the intent to cause you emotional distress. If they have in fact committed a crime, then they may face charges for a first-degree misdemeanor. This can result in jail time for the offender as well as criminal fines. Florida law also provides civil remedies for the victims of revenge porn. Actual damages can include financial losses incurred as a result of revenge porn and other damages. Losing your job as a result of the incident, for example, would be a financial loss. A victim may also recover compensation for emotional pain and distress which have been caused by the conduct. If a civil judgment is entered against a defendant, then they will not be able to erase it through bankruptcy as it would stem from an intentional tort. It Is Important To Take Immediate Action if You Are the Victim of Revenge Porn It is important to take immediate action, as doing so can limit the damage being inflicted upon you. Law enforcement will begin to investigate the matter once you contact them. Furthermore, an attorney can seek an injunction to have any sensitive materials removed from the internet. The sooner you respond to the situation then the less likely it is to have long-lasting repercussions. Contact Our Florida Revenge Porn Lawyers If You Are Being Harassed and Victimized With Revenge Porn If you are being harassed and/or threatened, it is important that you contact law enforcement as soon as possible. It is also important that you immediately contact a lawyer so that counsel can begin taking steps to protect your interests. Our Florida revenge porn attorneys understand that time is of the essence in such situations and we will make your case a priority. Contact us online, by email at lewisteam@searcylaw. com, or over the phone at 800-780-8607 to schedule an initial consultation. We look forward to speaking with you. --- Florida Lawyers Assisting Those Who Have Been Sexually Harassed In The Workplace Or Elsewhere People have a right to go to work and be free from unwanted sexual advances. When someone sexually harasses you in the workplace, they may have violated your rights. Not reporting sexual harassment and “letting it go” can result in a hostile work environment, poor job performance, and sexual assault. Our Florida sexual harassment lawyer will assist you with your claim so that you may put an end to the situation now and recover the damages which you deserve. Understanding When Sexual Harassment Has Occurred in the Workplace Sexual harassment occurs when someone makes sexual advances that are clearly unwanted. It is not, for example, sexual harassment if someone asks you out on a date one time and you say “no. ” It can become harassment if that individual continues to ask you out even though you have rejected them. More extreme forms of sexual harassment can include: Unwanted touching Comments are statements related to your appearance, what you wear, etc. Regularly staring at you in a suggestive way Adding sexual innuendo to work-related communications Retaliation Additionally, harassment may lead to a supervisor or someone in an authority role demanding sexual favors. They may go as far as to indicate that your employment, promotions, or pay raises can depend on such favors. These types of threats do not have to be explicit to be considered “sexual harassment. ” Implied threats are enough. If a situation such as this is occurring, then you may very well have a claim against your supervisors as well as the company you work for. These damages are not simply limited to lost wages. You may be able to recover compensation for pain and suffering, emotional distress, job-search costs, and more. Report Sexual Harassment to the Proper People Immediately Most sexual harassment goes unreported. While the situation may be uncomfortable, it is important to remember that it is unlikely to stop unless you take action. The first step is to inform your supervisor of what is happening or, depending on the structure of our organization, human resources. If you are unsure of what steps to take next, it is strongly suggested that you speak with an attorney as soon as possible. Call Our Florida Sexual Harassment Lawyer If You Have Been Harassed In the Workplace If you are being sexually harassed at work, then it is understandable that you likely want the situation to simply “go away. ” You likely just want to be able to go to work in peace. Unfortunately, such situations often do not stop unless you take action. Our Florida sexual harassment lawyer is here to guide you through the process. We will assist you with filing any necessary claims and move your situation forward. Contact us online or by email at lewisteam@searcylaw. com. You can also call 800-780-8607 to schedule an initial consultation. We look forward to speaking with you. --- Bringing Suit Against Rideshare Companies For Sexual Assault Rideshare services such as Uber and Lyft have revolutionized how we get around. They have also provided other benefits to society, such as a reduction in DUI arrests. Unfortunately, it is too common for these services to fail to adequately screen those who drive for them. The result of this failure is that rideshare drivers have been known to sexually assault their passengers. If you have been sexually assaulted by a rideshare driver, then it is important that you immediately contact law enforcement. Your next step should be to contact an Uber & Lyft sexual assault attorney. Rideshare Companies May Be Responsible For Sexual Assaults Committed By Their Drivers Rideshare drivers are considered independent contractors in some situations. The companies who utilize such contractors are typically not responsible for intentional acts which these individuals commit, but there are exceptions. A company must, however, adequately screen and supervise those with whom it contracts. Also, Uber and Lyft have a duty to take reasonable steps to provide a safe environment for their passengers. If they fail to meet these obligations, and a sexual assault occurs as a result, then the company may be liable for damages. The amount which a victim would recover can include medical expenses, lost wages, pain and suffering as well as compensation for emotional distress, and possible punitive damages. There are a number of situations where a rideshare company will be liable for an assault by one of its drivers. These include: Failing to take action when “red flags” arise - If multiple passengers have complained of unwelcome sexual advances by a driver, and the rideshare company takes no action, then they may potentially be responsible if that driver sexually assaults a passenger. Failing to properly screen drivers before allowing them to ferry passengers Proving liability on the part of the rideshare company can be complicated. It is strongly suggested that you retain an experienced attorney to assist you. What To Do if You Are Sexually Assaulted by an Uber or Lyft Driver If you have been sexually assaulted by an Uber or Lyft driver, it is important that you contact law enforcement and report the incident as soon as possible. It is also crucial that you seek immediate medical care and contact an Uber & Lyft sexual assault attorney so that they may begin dealing with Uber or Lyft directly on your behalf. Our Sexual Assault Attorneys Assist Florida Residents Who Have Been Assaulted While Riding With Uber or Lyft If you have been sexually assaulted while riding with Uber or Lyft, then you have been through a terrible ordeal. It is important that you report the matter to law enforcement and that you obtain representation so that the responsible parties can be held accountable. Our Uber & Lyft sexual assault attorneys are here to assist you with cases involving assault or rape. Contact us online, by email at lewisteam@searcylaw. com, or over the phone at 800-780-8607, and we will schedule your initial consultation immediately. We look forward to being of assistance. --- Florida Video Voyeurism Attorneys Assisting Those Who Have Been Recorded Without Permission Video voyeurism occurs when someone makes an intimate recording of you without having your permission to do so. Perpetrators often engage in such recordings to satisfy their own sexual interests or, in some situations, to obtain video or images which they intend to resell. When this conduct occurs, it is not uncommon for it to have taken place in schools, places of business, hotels, or other similar locations. In such instances, it may be possible to bring a claim against the school district, the owner of the business, or parties beyond the perpetrator themselves. If you have been the victim of video voyeurism, then contact our office today to speak with a Florida video voyeurism attorney. Multiple Parties Face Liability if You Were Recorded Without Permission It is a crime in the state of Florida for someone to secretly record you while you are in an intimate state and with an expectation of privacy. This can include recording you, without your knowledge, during sexual activity, while you are changing clothes in a private area, or while using the restroom. These types of acts often occur in gyms, locker rooms, theater dressing rooms, hotels, and other such venues. If an employee or someone else in an organization abuses their position and uses it to gain video and images of others, then the organization may face liability. If a company or organization fails to adequately screen or supervise their employees, then they may be liable if an individual engages in video voyeurism. Examples of conduct that can result in liability include, but are not limited to: A gym employee who places secret cameras in one of the locker rooms A school employee who secretly records students in the restroom or gym locker room Employees or personnel who secretly record performers while changing in a dressing room An apartment manager or maintenance worker who secretly places a camera inside of a unit An office manager or employee who places hidden cameras in a company restroom An individual and/or company that hacks into a homeowner’s private surveillance camera system Etc. Damages in such a case can include compensation for emotional distress as well as the pain and suffering the victim endures. Punitive damages may also be appropriate if the evidence shows that an employer or organization had reason to believe the conduct was occurring. Also, if the victim incurs expenses, such as therapy/medical bills, as a result of the conduct, then they will be able to file a claim to recoup them. Our Attorneys Assist Florida Residents Who Have Been the Victim of Video Voyeurism If you have been the victim of video voyeurism, then you have been violated. It is strongly suggested that you report the incident to law enforcement immediately. The next step is to contact an attorney to ensure that your rights are protected. Our Florida video voyeurism attorneys understand that you have been the victim of another’s conduct and we are here to help. Contact us online, by email at lewisteam@searcylaw. com, or by telephone at 800-780-8607 to schedule your initial consultation immediately. We look forward to being of assistance. --- Florida Sexual Abuse Attorneys Assisting Children Who Have Been Victimized Youth organizations are meant to be a place for children to interact with their peers and learn valuable lessons about life. Unfortunately, the volunteers, employees, and administrators of such groups sometimes use the organization as an opportunity to preying on children. The criminal justice system will often result in the perpetrators going to prison. The law also protects the victims by allowing them to recover damages through the civil justice system. If your son or daughter has been the victim of a crime, then contact us today to speak with a Florida youth group sexual abuse attorney. Youth Organizations Can Be Held Responsible for the Acts of Administrators, Volunteers, and Employees Youth organizations are charged with ensuring the safety of any children in their care. Such organizations can include the clubs, athletic leagues, churches, camps geared towards children and more. Unfortunately, it is not uncommon for a child or children to be sexually abused while in such organizations. Examples of such conduct include: Sexual abuse by athletic coaches Abuse by staff at a Boys & Girls Club, the YMCA, or a similar organization Sexual abuse by members or a religious organization Sexual abuse by teachers or school personnel Examples of how the larger organization can be liable for such conduct can include failing to properly screen employees who turned out to be threats to children, not following up on “red flags” when concerns are reported by others, and not reporting known incidents of abuse. In addition to the larger organization, liability may also extend to supervisors, other employees, and other third parties. If your son or daughter has been abused then they and your family may be entitled to damages. These damages would include the cost of medical bills, financial losses (such as those stemming from missed time at work), payment for emotional distress, pain and suffering, and possible punitive damages. Immediately Report Sexual Abuse Within a Youth Organization If your son or daughter has been the victim of abuse, then it is crucial that you report the situation to law enforcement immediately. Unfortunately, such incidents often go unreported. This can be due to the child not telling their family about what has happened or out of fear of retribution from the youth organization. It is important to remember that if you do not take action, then there will be no justice for your child. Furthermore, similar acts may happen to other children in the future. Contact Our Florida Youth Group Sexual Abuse Attorneys if Your Child Was Victimized by a Youth Organization If your son or daughter has been victimized by a youth organization, then contact our office today to speak with a Florida youth group sexual abuse attorney. We understand that this is a difficult time for your family. We will be here to guide you through the legal process. We pride ourselves on providing quality service and we are ready to assist you. Contact us online or by email at lewisteam@searcylaw. com. We can also be reached by calling 800-780-8607. We look forward to scheduling your initial consultation and being of assistance. --- Have you suffered injuries or lost a loved one due to healthcare practitioner negligence? If so, you may be entitled to compensation. An experienced team of Florida medical malpractice attorneys can help you recover maximum damages. Searcy Denney is a personal injury firm in Florida with an impressive track record of fighting for malpractice victims. If you or a loved one were hurt because of a doctor, nurse, hospital, or pharmaceutical error, contact us today to discuss your legal rights and options for recovery with our skilled legal team.   What Is the Definition of Medical Malpractice in Florida? If you’ve been injured in a potential medical malpractice scenario, then you may be wondering whether the treating medical practitioner actually committed malpractice or simply made a mistake for which they cannot be held liable. This can be rather confusing for the first-time victim— the line drawn between a mistake and medical malpractice may be a significant source of conflict during litigation. Medical malpractice liability will attach to a defendant healthcare provider if you can show that they failed to adhere to the applicable standard of care. Failure to adhere to the professional standard of reasonable care will constitute medical negligence and give rise to a legitimate medical malpractice claim. So, what is the applicable standard of care? Florida law establishes a clear definition of the standard of care necessary for evaluating medical malpractice liability. Section 766. 102 of the Florida Statutes describes the standard of care owed by a healthcare provider as the: level of care, skill, and treatment that is recognized as appropriate by other, similarly positioned medical professionals, given the overall circumstances. Factors that can influence the standard of care include, but are not necessarily limited, to: Experience, specialized training, background Access to medical tools/equipment Career position Age And more Let’s clarify with a brief example. Suppose that you are injured due to an error committed by your treating surgeon. The surgeon made an incision based on the available evidence, but it led to significant bleeding and damage that led to the injury. Now, you might sue the surgeon to recover economic damages for medical malpractice, but the court will evaluate whether the surgeon actually violated the standard of care. Expert witnesses will be brought in to testify as to the standard of care for the circumstances at issue. As the plaintiff, you’ll want to show that a similarly positioned surgeon (with the same experience, age, background, and dealing with the same surgical event) would have made a different incision, and you would not have suffered an injury. If you can establish a standard of reasonable care that the defendant violated, then you can recover damages for medical malpractice. Types of Medical Malpractice Claims a Personal Injury Attorney Handles Many times, patients mistakenly believe that negligence or an error made by a doctor, surgeon, or hospital, in general, are the only instances where they can recover in a claim. Though those are some of the most common medical malpractice claims, a Florida medical malpractice legal practitioner from our firm can also assist with: Surgical Errors Surgical errors are quite variable and frequently misunderstood by first-time plaintiffs in the medical malpractice context. Complex surgery requires that the treating healthcare providers invest the time and effort necessary to fully evaluate the condition and medical history of the patient. If there is inadequate preparation, the surgeon is likely culpable as well. They are the captain of the ship before, during, and after surgery. Emergency Room Negligence Emergency rooms are fundamentally chaotic places. Healthcare providers move quickly between patients, attempting to dispense... --- Have you been injured in a slip and fall accident in Florida? You might be entitled to sue and recover damages under Florida premises liability law. However, bear in mind that slip and fall litigation can be somewhat more complicated than it initially seems. Slip and fall cases involve unique issues. Below, we will discuss the types of challenges you are likely to encounter as you move forward with litigation. To get the most relevant information related to your specific situation, contact a Florida slip and fall lawyer today. The Complexities of Slip and Fall Claims Property owners/possessors in Florida have a duty to maintain the premises in a reasonably safe condition for premises entrants. This, naturally, covers slip and fall hazards such as uneven surfaces and spills. With Florida slip and fall claims, the duty to inspect and correct a dangerous condition of the property is often the main source of conflict. Even if the property owner admits that the hazard caused the trip and fall accident, they are likely to argue that they did not know about the hazard and that they could not have reasonably “discovered” the hazard before you fell. Convincing a judge or jury that the property owner or manager was in the wrong requires careful, persuasive argumentation from skilled slip and fall attorneys. Suppose that you slip and fall in a Florida restaurant. Liquid spilled from one of the tables, causing a puddle to form on the floor and thereby creating the slipping hazard that you encountered. Based on video footage, the spill occurred about an hour prior to the slip and fall accident. The defendant restaurant owner might argue that it was not enough time for their employees to inspect the floor and clean up the hazard. You could argue, however, that in the restaurant business, hourly inspections are quite normal, so the spill should have been discovered had the restaurant owner implemented and properly executed an hourly inspection system. Through this failure to inspect and correct the slipping hazard, you could ostensibly impose liability. Top 5 Causes of Florida Trip and Fall Accidents Several factors can contribute to a slip and fall accident in Florida. Below are the five most common reasons behind slips and trips: Wet surfaces caused by spilled liquids, freshly mopped or waxed floors, or oil leaks Uneven surfaces, including cracks, potholes, improperly secured rugs, and loose floorboards Unmarked hazards Debris or other objects on the ground that a property owner failed to clear Weather conditions While it may seem like these are all obvious hazards that any responsible property owner should address, trip and fall cases are often more complex. In order to prove negligence, a Florida slip and fall lawyer has to prove the following: Property Owner Responsibility and Liability: Property owners/possessors in Florida have a duty to maintain the premises in a reasonably safe condition for premises entrants. The owner knowingly breached his duty of care and allowed a potentially hazardous condition to exist on the premises. Establishing Causation and Damages: That hazard or condition was the cause of your slip and fall and therefore was the cause of your injuries. There are additional personal injury laws and statutes unique to trip and fall claims in Florida, and our attorneys can help you build the strongest possible case. Who Is Liable for Your Slip and Fall Accident? When pursuing a claim for a slip and fall accident, one of the first questions that must be answered is, “Who is liable? ” While the property owner will be liable in many cases, property owners are not always... --- HURT BY A BAD DRUG OR MEDICAL DEVICE – CALL US TODAY Products intended to help consumers should not hurt them. Unfortunately, bad drugs and medical devices often do just that. With ever-relaxing FDA oversight, more defective products are finding their way to consumers. Intense competition causes manufacturers to rush products to market and frequently cut corners in a product’s design, testing, and regulatory product approval. That is why we are here for you. At Searcy Denney, our nationwide mass tort lawyers know how to uncover manufacturers' dirty little secrets and hold them accountable when bad products hurt our clients. If you, a loved one, or a friend has been the victim of a bad drug or medical device, call us today. Our mass tort law firm is here to help. ABOUT OUR MASS TORT PRACTICE: A mass tort happens when a product causes harm to hundreds or thousands of people through similar effects. Mass tort cases represent multiple personal injury and product liability claims filed by individual plaintiffs. In mass tort lawsuits, each person who suffered harm retains an individual lawsuit, unlike class action cases. For instance, let's assume thousands of people sustained injuries due to a defective hip implant, which resulted in its recall. All devices share identical functions, yet malfunction uniformly, which results in comparable injuries to the majority of those harmed. Our practice often handles cases where multiple clients experienced injury from a single defective product during the same time period. Our mass tort litigation attorneys develop thorough knowledge regarding the impact of harmful drugs and medical devices on individual patients. Dangerous Medications and Defective Drugs Prescription and over-the-counter drugs can restore quality of life, offer lifesaving cures, and extend the lives of millions. However, the drug market is highly profitable and incredibly competitive. The race to get the newest diabetes drug or birth control to market can result in life threatening consequences for consumers. If you, a loved one or friend has been the victim of a dangerous product or defective drug, contact us for a confidential, free consultation. When a bad drug hurts someone, they are likely not alone, and our mass tort attorneys can help them understand their rights. Defective Medical Devices Medical devices are not always foolproof. Often cleared for market by the FDA applying less stringent criteria than for drugs, bad medical devices frequently hurt consumers. After decades of experience with personal injury claims, our legal team has developed a sixth sense for uncovering bad devices whose faulty technology has hurt consumers. New medical devices are being rushed to market, often “fast tracked” through an abbreviated FDA regulatory process known as 510(K). Manufacturers frequently bring a new product to market in a matter of months with little testing and no clinical trials. Lay people are shocked to learn that a new hip implant can be brought to market without ever implanting one in a human being. Current Noteworthy Claim: EXACTECH HIP, KNEE AND SHOULDER REPLACEMENTS Exactech has recently issued two major recalls for its signature hip replacements and knee implants. Both fail due to polyethylene (plastic) parts that are degrading and oxidizing too fast. As a result, patients must undergo a premature, unnecessary revision surgery. Also known as poly wear disease, patients suffer death of soft tissue and bone when exposed to degrading polyethylene. The products are: Exactech Tuliant and Optetrak knee tibial trays and GXL Liners hip liners. Additionally, the U. S. Food and Drug Administration (FDA) issued a warning about the company’s Equinoxe Shoulder System joint replacement devices, noting that the company’s packaging of the device was “missing one... --- Our Mass Tort Litigation Lawyers Will Fight for Your Compensation A product liability mass tort encompasses anywhere from dozens all the way to hundreds of thousands of claimants who have suffered similar injuries from a defendant’s (or group of defendants’) products. Mass torts are often confused with class action lawsuits, however, class actions involve one lawsuit that represents a class of similarly situated plaintiffs whereas, with mass tort litigation, every plaintiff’s case is filed individually into one centralized court. Each mass tort plaintiff’s claim will proceed independently, alleging the same or similar claims as other plaintiffs. If you've been subject to a mass tort claim, contact an experienced mass tort litigation lawyer at Searcy Law for help with your claim. A Mass Tort is a case where many people are wrongfully harmed in a similar way by a similar product -- often by a drug, medical device, or defective product, a recent example is the Takata airbag recall, which affects millions of cars. When the worst happens, you need an experienced mass tort attorney to help you seek justice. Our Emphasis Though we have defended the rights of Americans in a wide range of practice areas, with the same goal consistently in mind, we are committed to cases that specifically involve personal injury and mass tort injuries (i. e. a personal injury case where many people are injured by the same product). Furthermore, a mass tort litigation lawyer takes on cases that involve: Defective Drugs Have you used a defective drug that later caused you to be hospitalized? Chances are, you’re not alone. Defective Medical Devices Today, it’s common for devices to be fast-tracked through the 510(k) program, which brings new products to market without adequate testing. Pharmaceutical Reactions Medical professionals often use pharmaceuticals to help individuals in pain. However, these synthetic drugs don’t always react well to the body and can cause life-threatening injuries. Bellwether Trials and Mass Tort Litigation A bellwether trial is a test case that is intended to provide the court and the parties with information on how mass tort litigation will move forward. Plaintiffs and defendants choose cases they believe would be representative of a large portion of plaintiffs involved in the litigation. In most mass tort litigations, both plaintiffs and defendants will win at least one trial. Bellwether trials answer many questions lawyers have for both parties, and they get a sense of how a jury will react to the evidence and arguments presented by both sides. Although a bellwether trial cannot predict the overall outcome of mass tort litigation (such as whether a mass tort settlement is on the horizon), a bellwether trial at least provides a snapshot of how one jury sees the strength of the plaintiff’s claims. In order to have a group of claims designated as mass tort litigation, attorneys representing the plaintiff(s) apply to federal or state court. Judicial Panel on Multi-District Litigation In the federal system, this process is initiated by filing a motion before the Judicial Panel on Multi-District Litigation, a group of federal judges who meet every few months to consider such requests. Those judges have the power to order all individual cases filed in the federal system to be transferred and consolidated before one federal judge. Several states, such as California, New Jersey, and Pennsylvania, have procedures similar to those used in federal multi-district litigation. The drug injury lawyers at our mass tort law firm know that Florida does not have formal rules for statewide management of mass tort cases. Historically, courts in this state have informally coordinated centralized management of complex cases, like the... --- Our Attorneys Will Fight for You The forces involved in auto accidents can cause a wide range of traumatic injuries, and drivers and passengers who have been injured will often face long and difficult roads to recovery. Under Florida’s “no-fault” insurance law, all accident victims can recover at least a portion of their medical bills and lost wages under their own personal injury protection (PIP) policies, and those who have suffered serious and permanent injuries can seek full financial compensation from the at-fault drivers who are responsible for the harm they have endured. Dangerous road conditions and vehicle defects can support claims for fair compensation as well; and, to make sure you recover the maximum compensation you and your family deserve, it is important that you speak with a Florida personal injury lawyer as soon as possible. Our Florida personal injury law firm is comprised of experienced car accident lawyers who have recovered millions of dollars in financial compensation for individuals who have suffered serious auto accident injuries. While most of our cases result in insurance settlements, we do not hesitate to take the insurance companies to court, and we have a proven track record of success at trial. The long-term effects of traumatic injuries can be far greater than most people realize. Our legal team can help you understand the true cost of your accident-related injuries, and we can help you avoid settling too soon for less than you deserve. Serious and Permanent Injuries from Vehicle Collisions All types of car accidents have the potential to cause serious injuries. If you have been involved in an auto crash, it is important that you see a doctor promptly, as obtaining appropriate medical treatment can be crucial to both your physical well-being and financial recovery. At Searcy Denney, we represent auto accident victims throughout Florida who have been diagnosed with all types of serious accident-related injuries, including: Soft Tissue Damage Soft tissue injuries involve damage to the muscles, ligaments or tendons in your body. Although they are generally considered less severe when compared to the other potential consequences of serious auto accidents, soft tissue damage can still be painful and require a long-term recovery, and they will often be accompanied by other injuries as well. This includes serious injuries such as broken bones, nerve damage, and injuries to the head, back and internal organs. While soft tissue injuries are common, they are also difficult to diagnose. This is because they will not show up on X-rays, magnetic resonance imaging (MRI) scans, or many of the other types of tests typically used to diagnose accident-related injuries. As a result, it is important to describe your symptoms to your doctor as clearly and completely as possible, and you will likely want to choose a physician who specializes in treating acute traumatic injuries. 4 Types of Acute Soft Tissue Damage Acute soft tissue injuries are those that result from sudden and severe trauma, such as when your body stretches, twists, or makes contact with part of your vehicle during a car accident. These injuries can broadly be classified into four categories: Sprains – A sprain is a ligament injury caused by overextension. Ligaments are the soft tissues that connect the bones in your ankles, knees, wrists, elbows, and other joints; and, in a traumatic accident, they can easily be overstretched resulting in pain and limited usability. Strains – Strains are overextension injuries affecting the muscles and tendons. Tendons are fibrous tissues that connect your muscles to your bones. Similar to sprains, strains are common soft tissue injuries in vehicle collisions. Tears – A tear... --- When you are involved in a single-vehicle car accident, knowing what to do next can be a challenge. Are you entitled to insurance coverage? Can you file a lawsuit if a driver forced you off of the road or you crashed because of a roadway hazard? If you suffered serious injuries in your auto accident, these are questions that you need to have answered, and it will be important for you to speak with a Florida single vehicle accident lawyer about your legal rights. As a Driver, When Can You Seek Financial Compensation for a Single-Vehicle Accident? If you suffered serious injuries in a single-vehicle accident while driving, you could potentially have various grounds to seek financial compensation for your losses. Some examples of potential claims in single-vehicle accident cases include: You were run off of the road by another driver – If your vehicle crashed because you were run off of the road by another driver, that driver could still be liable for your injuries even though you were not involved in a vehicle-on-vehicle collision. You had to swerve to avoid a reckless cyclist or pedestrian – Likewise, if you were forced to swerve off of the road in order to avoid hitting a cyclist or pedestrian who put himself or herself in harm’s way, then the bicyclist or pedestrian could be liable for negligence. An issue with your vehicle caused you to crash – If you lost control because your brakes failed or because of any other issue with your vehicle, then your vehicle’s manufacturer, your dealership, or your maintenance shop could be liable for your losses. An issue with the road caused you to crash – Road hazards are to blame in a significant number of single-vehicle accidents. This includes potholes, sinkholes, loose gravel, low shoulders, and a multitude of other issues. Additionally, under Florida’s “no fault” insurance law, you can file a claim for personal injury protection (PIP) coverage regardless of who was at fault in your accident and regardless of the circumstances involved. Florida law requires all drivers to carry PIP coverage – so you should have it if you have auto insurance – and the standard policy limit is $10,000. As a Passenger, Can You File a Claim to Recover Your Losses After a Single-Vehicle Accident? What if you were injured in a single-vehicle accident while riding as a passenger? As a general rule, passengers have the same legal rights as drivers under Florida law. If a vehicle defect or someone else’s negligence caused the accident, you may have grounds to pursue a fault-based claim for compensation. You can also file a claim under your PIP policy (if you have one); and if your driver was at fault, his or her insurance policy should cover your injury-related losses as well. Schedule a Free Consultation with a Florida Single Vehicle Accident Attorney Today For more information about recovering your losses after a single-vehicle accident in Florida, schedule a free, no-obligation consultation at Searcy Denney with a top-rated personal injury attorney. Call 800-780-8607 to schedule an appointment with an experienced Florida single vehicle accident lawyer or submit your case online and we will be in touch shortly. --- Eye drops are a common over-the-counter medication used to treat a variety of eye conditions such as dry eye, allergies, and infections. However, so far this year, there have already been four eye drop recalls by the U. S. Food and Drug Administration (FDA) due to concerns over product safety and quality. Just last week, the FDA added two eye drops to its list over potential sterility issues that could cause serious eye infections, injuries or vision problems. The recalled products are Apotex Corp Brimonidine Tartrate Ophthalmic Solution (0. 15%) and Pharmedica USA LLC Purely Soothing 15% MSM Drops. The Apotex product is used to treat high eye pressure in patients with glaucoma or ocular hypertension. The recall was initiated because some of the bottle caps have developed cracks, which can lead to contamination of the eye drops by bacteria, fungi, or other microorganisms. As of March 8, the Florida-based company stated they have not received reports of adverse events related to the use of their eye drops. The following lots are subject to the recall and were distributed nationwide between April 5, 2022, and February 22, 2023: TJ9848 TJ9849 TK0258 TK5341 TK0261 TK0262 The Pharmedica product is marketed as a natural remedy for dry eyes, allergies and inflammation. The recall was initiated because the product was found to be non-sterile, meaning it may contain harmful contaminants that could cause eye infections or damage. Pharmedica also claims they have received no reports of illness or injury related to the use of this product to date. Pharmedical recalled two lots of its product: 2203PS01 and 1808051. These recalls follow recalls just last month on batches of Global Pharma Healthcare’s Artificial Tears Lubricant Eye Drops distributed by EzriCare, LLC and Delsam Pharma and Artificial Eye Ointment, distributed by Delsam Pharma, in February 2023. Artificial tear products hydrate dry eyes resulting from conditions like aging, allergies, side effects of other medications, or other health conditions. The recalled products are preservative-free and sold over the counter. In February, the Centers for Disease Control (CDC) announced it had identified 55 patients in 12 states, including Florida, with a rare strain of drug-resistant P. aeruginosa causing permanent vision loss resulting from a corneal infection, hospitalization, and one death due to a systemic infection. Our lawyers have experience fighting eyedrop manufacturers whose products contain defective components that cause infections. We have seen this before, have litigated and successfully fought these claims and are ready to use our experience to help those injured by this new round of recalls. If you or someone you love has contracted an eye infection as a consequence of using and of the recalled eyedrops, you may have a case warranting review. If you would like to discuss the facts of your use of this product, contact Cal Warriner, , or Victoria Mesa-Estrada at Searcy Denney today at (800) 780-8607. --- Our Attorneys Can Handle Chemical Hair Straightener Lawsuits For generations, black and Latina women have used a variety of chemical hair products to relax or straighten their hair. The multi-billion-dollar cosmetic industry pressures black and Latina women to conform to traditional beauty standards by showing them in its advertising with beautiful, long, straight hair. However, recent studies show a causal link between hair relaxers and certain cancers. Many women started using the products at a very young age and continue to receive treatment every four to eight weeks or risk the “natural look” creeping in. Some have used these products for decades. Treatment consists of applying a creamy mix to the hair and scalp and allowing it to sit long enough to produce a “tingle” but not too long to risk burning your scalp. Are Your Hair Products Dangerous? A recently published scientific study indicates that “tingle” is generated by a mix of chemicals that double the user’s risk of contracting reproductive organ cancer. Shocking, to say the least, the reality is that millions of black and Latina women have unknowingly exposed themselves to life-threatening cancer just because they wanted to look good. There has never been a cancer warning on any of these products despite several older scientific publications suggesting a relationship between hair products and breast and reproductive organ cancers. Hair Relaxers Linked to Uterine Cancer The newest study conducted by the National Institute of Health looked at data from over 33,000 women already enrolled in the NIH’s Sister Study, which has been ongoing for decades. Participants answered questions about their use of various hair care products, including dyes, straighteners, relaxers, pressing products, permanents, and body waves. Anyone with a history of uterine cancer was excluded. Applying a robust statistical model, it was found that those who reported the use of straighteners or relaxers more than four times in the preceding twelve months had more than double the risk of developing uterine cancer. Dyes, permanents, and waves were not found to increase the risk of cancer. Despite these findings, the authors did not attempt to identify which chemicals in the products were causing cancer. They did, however, mention a laundry list of chemicals routinely found in straighteners and relaxers, including several endocrine-disrupting chemicals (EDC’s). For black women, in particular, the prevalence and frequency of use, harsher chemical formulations, including a higher concentration of EDCs and younger age at initiating use, were cited as especially concerning. The authors noted that scalp exposure is highly problematic as higher concentrations of harmful chemicals are absorbed through the scalp than other areas of the body, including the forearm, palm, or abdomen. Who is Eligible to File a Hair Straightener Claim? Are you eligible to file a chemical hair straightener claim? At this point, many people who have used chemical hair straighteners remain eligible to file lawsuits (or join existing lawsuits) against the companies that sold them dangerous cancer-causing products. While companies have predominantly marketed these products to Black and Latina women, all individuals of all ages who have used dangerous hair relaxing products may be eligible to file a claim. If you, or a member of your family, has used a chemical hair straightener sold by any of the following companies in the past several years, we strongly encourage you to contact us for a free, no-obligation consultation. Keep in mind, however, that these are just examples. Individuals who used products sold by other companies may have claims as well: Carson Soft Sheen Creme of Nature Dark & Lovely Just for Me L’Oréal Motions Namaste Olive Oil Girls Optimum Care ORS Olive... --- If you or a family member served or worked at the United States Marine Corps (USMC) Base Camp Lejeune in Jacksonville, North Carolina between 1953 and 1987, you may have been exposed to contaminated drinking water. Multiple studies have concluded that the drinking water at Camp Lejeune was contaminated during this time, and many servicemembers, civil servants, contractors and family members suffered serious health consequences as a result. Until recently, individuals and families who were impacted by the drinking water contamination at Camp Lejeune did not have a way to recover financial compensation. However, in August 2022, President Biden signed the Camp Lejeune Justice Act into law. Under this new law, individuals who were exposed to contaminated drinking water at Camp Lejeune now have the ability to file lawsuits in federal court. Health Conditions Covered Under the Camp Lejeune Justice Act Tests conducted in 1982 of the drinking water at Camp Lejeune uncovered the presence of several volatile organic compounds (VOCs) that present known hazards to human health. Despite this, efforts to eliminate these VOCs were not undertaken for several years and were not completed until 1987. The VOCs found in the drinking water at Camp Lejeune included: Benzene – A chemical solvent used in gasoline and generated as a byproduct of various commercial and pharmaceutical processes. Benzene is a known carcinogen. Tetrachloroethylene – Another chemical solvent used in various commercial applications that is classified as a probable human carcinogen. Trichloroethylene – Another type of solvent used in commercial cleaning applications that, like benzene, is a known carcinogen. Vinyl Chloride – A byproduct of degraded tetrachloroethylene and trichloroethylene that is also known to cause cancer in humans. Cancers linked to these chemicals include bladder cancer, breast cancer, liver cancer, kidney cancer, leukemia, and non-Hodgkin’s lymphoma. In addition to causing cancer, exposure to these chemicals through drinking water can cause several other health problems as well. For example, the contaminated drinking water at Camp Lejeune has also been linked to cases of: Birth defects Female infertility Hepatic steatosis Miscarriage Multiple myeloma Myelodysplastic syndromes Neurobehavioral effects Renal toxicity Scleroderma Parkinson’s disease This list is not exhaustive. Other conditions have been linked to the contaminated drinking water at Camp Lejeune as well, and we encourage anyone who has been diagnosed with any health condition related to Camp Lejeune’s contaminated drinking water to speak with one of our attorneys about their legal rights. Do You Have a Camp Lejeune Water Contamination Lawsuit? The Camp Lejeune Justice Act establishes four primary requirements for filing a lawsuit. At Searcy Denney, we work closely with our clients to determine their eligibility, calculate the amount they are entitled to recover, and file successful claims for just compensation. You may be eligible to receive financial compensation for exposure to contaminated drinking water at Camp Lejeune if: 1. You Were Exposed During the Relevant Period The Camp Lejeune Justice Act makes compensation available to individuals who were exposed to contaminated drinking water at Camp Lejeune for at least thirty (30) days between August 1, 1953 and December 31, 1987. If you were stationed at Camp Lejeune during this time period, if a family member was stationed at Camp Lejeune during this time period, or if you or a family member was working as a civil servant or contractor at Camp Lejeune during this time, you may be eligible to file. 2. You Have a Medical Condition Linked to Contaminated Drinking Water Exposure Filing a successful claim requires proof of a medical condition related to contaminated drinking water exposure (i. e. , a condition linked to the consumption of benzene, tetrachloroethylene,... --- Our Lawyers Represent Families in Wrongful Death Claims Against Nursing Homes, Hospitals and Other Health Care Providers When you seek care for yourself or a loved one, you put a great deal of trust in people you don’t know. This is out of necessity—we rely on nursing homes, hospitals, and other health care facilities to provide professional care based on knowledge gained from decades of education and practical experience. Unfortunately, too often, our trust proves to be misplaced. Health care providers routinely make mistakes that cause harm to their patients; and, in far too many cases, these mistakes lead to death. If you are grieving the loss of a loved one, we offer our sincere condolences. We also want you to know that your family has clear legal rights under Florida law. The law holds health care providers to certain standards; and, when providers fail to meet these standards, they can be held liable through claims for wrongful death. Nursing Home Wrongful Death Claims Deaths in nursing homes can result from a variety of different factors. These factors range from medication errors and other forms of negligence to intentional neglect and abuse. In the nursing home setting, negligence can take many different forms. Administrative staff, nurses, and other caregivers all play a role in meeting residents’ needs. From recordkeeping issues to failure to provide necessary support and assistance, virtually all forms of negligence have the potential for life-altering or life-threatening consequences when residents rely on their facilities to meet their basic needs. While most premature deaths in nursing homes are the result of negligence, abuse in the nursing home setting is alarmingly common. In one recent study, nearly two-thirds (64. 2 percent) of nursing home staff members surveyed admitted to committing some form of elder abuse. Elder abuse in nursing homes can have severe physical and psychological consequences; and, in the worst cases, it can lead to death. If you have witnessed, or if you simply have concerns about, any of the following, our lawyers can investigate to determine if your loved one’s death was the result of neglect or abuse: Bedsores or other preventable injuries Evidence of the use of physical restraints Fear or anxiety around nursing home staff Missing medications or incorrect medications Poor living conditions Unexplained weight loss Emotional withdrawal In many cases, nursing homes faced with wrongful death claims will defend against these claims by claiming that it was simply the resident’s time to go. When faced with this type of defense, it may be necessary to prove that the nursing home’s negligence or abuse shortened your loved one’s life expectancy. There are several ways to prove that substandard care or intentional harm led to a shortened life expectancy, and our lawyers are experienced in pursuing these types of claims on behalf of grieving families. Medication Error Wrongful Death Claims Medication errors are among the most common medical errors in nursing homes, hospitals, and other facilities. Pharmacies frequently make mistakes when dispensing medications to patients as well. Similar to nursing home negligence and abuse, when medication errors lead to patients’ untimely deaths, eligible family members can pursue claims for financial recovery. This is true for all types of medication errors. At Searcy Denney, our lawyers handle wrongful death claims against health care providers involving medication errors such as: Administering the wrong medication (i. e. , pulling the incorrect medication from an electronic storage cabinet) Prescribing the wrong medication Prescribing the wrong dosage of a medication Prescribing or administering a medication that has been recalled Overdosing a resident or patient Underdosing a resident or patient Improperly filling... --- FDA Issues Warning: Certain Powdered Baby Formulas May Contain Bacteria Very recently, the U. S. Food and Drug Administration (FDA) announced it is investigating consumer complaints of Cronobacter sakazakii and Salmonella Newport infections, all of which have stemmed from the consumption of powdered infant formula produced at Abbott Nutrition's Sturgis, Michigan facility. As a result of the ongoing investigation, the FDA is alerting consumers to throw out impacted products and avoid purchasing or using certain powdered infant formula products produced at this facility. The FDA is also working closely with the U. S. Centers for Disease Control and Prevention and state and local partners in an ongoing investigation. The FDA's Specific Warning for Current Baby Formula Use Specifically, The FDA is advising consumers not to use Similac, Alimentum, or EleCare powdered infant formulas if: The first two digits of the code are 22 through 37; and The code on the container contains K8, SH or Z2; and The expiration date is 4-1-2022 (APR 2022) or later. Specifically, the FDA is investigating four infant illness complaints from three states. All four complainants were hospitalized and Cronobacter may have contributed to a death in one case. Most recently, the FDA warning stated: "Abbott announced that the company initiated a voluntary recall of potentially affected products, including Similac, Alimentum, and EleCare powdered formulas manufactured in its Sturgis, Michigan facility. However, if any of the formulas mentioned has harmed your child, our firm is prepared to handle your case whether we need to file a Similac lawsuit, an EleCare lawsuit or a lawsuit based on the child being diagnosed with Cronobacter sakazakii and Salmonella Newport infections. What are Cronobacter sakazakii and Salmonella Newport? According to the CDC, Cronobacter sakazakii is a germ found naturally in the environment. For individuals of any age, it can cause diarrhea and urinary tract infections. For newborns, Cronobacter sakazakii can be much more dangerous. The germ can cause sepsis or meningitis. Infants who are more susceptible to serious illness include infants born prematurely, those under 2 months of age, and infants with compromised immune systems due to other illness or medical treatment. The CDC recommends the following steps to protect your infant from Cronobacter: Breastfeed or use liquid formula If pumping, clean, sanitize, and store feeding items and breast pump parts separately Prepare and store powdered formula safely: keep lids closed and lids and scoops clean; use formula within 1 hour from the start of feeding and within 2 hours of preparing it; throw away leftover prepared formula Always wash your hands before preparing bottles and touching baby’s mouth and pacifiers More commonly known, Salmonella are a group of bacteria that can cause gastrointestinal illness and fever. More severe infections may involve aches, headaches, a rash, or blood or urine in the stool. Other Helpful Information from the FDA The FDA advisory does not include liquid formula products or any metabolic deficiency nutrition formulas. Therefore, consumers can continue to use all products not covered by the advisory. Parents and caregivers of infants who have used these products and are concerned about their child's health should contact their healthcare provider. If your child is experiencing any of these symptoms, you should notify the doctor and seek medical care for your child immediately. Parents and caregivers should never dilute infant formula and should not make or feed homemade infant formula to infants. If your regular formula is not available, contact your child's healthcare provider for recommendations on changing feeding practices. Talk to a Similac Lawsuit Attorney at Searcy Denney if Your Baby is Displaying Symptoms Searcy Denney fights for individuals who... --- In February 2022, Exactech recalled hundreds of thousands of knee and ankle replacement devices that were implanted into patients between 2004 and 2022. The knee and ankle inserts had inadequate packaging that failed to protect the parts from exposure to oxygen before being implanted into the body. Oxidation can cause the inserts to significantly degrade over time, leaving many patients in pain and facing the possibility of revision surgery. At Searcy Denney we have decades of experience representing hip and knee implant failure clients. We are here to answer all of your questions. If you, a loved one or friend received an Exactech knee replacement between the years of 2014 and 2022 Contact an Exactech knee replacement attorney at our firm to learn about your legal options. Why was the Exactech Knee Implant Recalled? The recall for knee and ankle replacements is due to a packaging defect. It is important for the inserts to not come in contact with oxygen before being implanted into the body (for example, while being shipped and stored prior to your knee surgery). The packaging layers for the plastic inserts in this recall were found to have allowed airflow prior to insertion, which causes oxidation and premature wear. The components and inserts manufactured over the last 8 years were packaged in oxygen resistant vacuum bags but were missing a barrier layer containing ethylene vinyl alcohol (EVOH) that further augments oxygen resistance. Many Exactech patients have received a very concerning letter from their surgeon and have a lot of questions. A device recall leaves patients questioning whether they have an Exactech joint replacement and, if they do, what actions they need to take to determine if the recall impacts them personally. At Searcy Denney, our experienced defective medical device attorneys can help find these answers for you and determine if financial compensation may be available for you and your family as a result of an Exactech knee replacement lawsuit. What Are the Complications Linked to the Exactech Knee Replacement Recall? Exposure of the knee replacement device to oxygen prior to being implanted in the body can cause oxidation, which means the plastic can wear out earlier than expected and potentially lead to bone loss. It can become damaged in the patient’s body -- essentially causing knee implant failure. Symptoms patients may experience include: Knee swelling Pain while walking Inability to bear weight on your implant Grinding or clicking Overall instability Unfortunately, premature wearing of the plastic component can lead to the need for knee revision surgery. If you or a loved one had knee surgery with a defective insert, you have legal options, and an attorney at Searcy Denney can help determine if you qualify for compensation. 5 Important Facts for Patients Who Have Exactech Knee Replacement Devices Here are five more important facts for patients who may be suffering from an Exachtech knee implant injury. 1. Exactech Has Recalled All Optetrak, Optetrak Logic and Truliant Knee Implant Devices Sold Since 2004 Exactech’s knee replacement device recall covers all Optetrak, Optetrak Logic and Truliant devices sold between 2004 and 2022. This means that nearly 150,000 defective knee replacement devices have been recalled. If you have received an Exactech knee replacement device in the past 18 years, you should consult with your doctor to find out if you may need corrective revision surgery. 2. Exactech Began Recalling Its Knee Replacement Devices in 2021 While Exactech recalled all of its Optetrak, Optetrak Logic and Truliant knee replacement devices in 2022, the company began with a smaller recall in 2021. This original recall applied only to devices with a... --- Many patients have undergone total hip replacement surgery and, as a result, received Exactech Connexion GXL liners. Recent evidence suggests that these medical devices are deteriorating at a rate much faster than expected, causing additional pain and complications for patients. In order to protect your overall health – and your right to compensation– you should know the details and potential for defects of the Exactech Connexion GXL liner if you received one. Contact an Exactech hip implant recall lawyer at Searcy Denney today to learn whether this is a concern for you specifically. What Devices are Typically Used in Hip Replacement Surgery? The hip joint we are born with consists of a simple ball and socket. The ball is technically called the femoral head. The femoral head is located at the end of the long bone in your thigh called the femur. The femoral head sits inside a socket located in the hip bone or acetabulum. Both the socket and femoral head are covered in smooth cartilage. Muscles and soft tissues hold the ball in the socket. As we age, the cartilage wears away and the hip joint becomes arthritic. If it wears too much, bone begins to rub on bone and causes pain. To alleviate the pain, surgeons remove the diseased femoral head and place a metal stem into a hole that is made in the femur. On the end of the stem, a ball or femoral head is placed. On the opposite side of the joint, the arthritic bone is removed and a new socket is prepared. A metal cup is placed into the socket and a plastic liner is locked into the metal cup. Once all the parts are implanted, the femoral head is placed into the plastic cup forming a new hip joint. Once the arthritic tissues are removed and the artificial parts are in place, the patient should have no more pain. What Is the Exactech Connexion GXL Liner Hip Implant? The Connexion GXL Liner is Exactech’s version of the plastic liner described above. It was commercially sold under the trade names, MCS, Novation and Acumatch. Once implanted, either a ceramic or metal femoral head articulates with the liner. It is supposedly made of super-strong, durable "ultra-high-molecular-weight polyethylene" plastic. It is specifically designed and intended to provide a smooth surface for the femoral head to rub against. Knowing there will be forces and friction applied to the liner as patients move about, the liner must be ultra-resistant to wear and degradation. If it is not, microscopic plastic wear debris can be released. What's Wrong with the Exactech Connexion GXL Liner Hip Implants? As discussed above, the liners appear to be degrading and deteriorating at a faster rate than had been anticipated, often requiring unnecessary, premature "revision," or corrective, surgery. Research data has indicated that early wear may be attributed to significant design, manufacturing or packaging flaws in the device. When discovered, Exactech recalled all Connexion GXL liners and suggested surgeons follow patients in whom the device was implanted very closely to determine if their liner is deteriorating. How Does the Defective GXL Liner Hurt the Patient? Microscopic wear debris from a polyethylene liner is toxic to tissue. As the liner degrades, it releases wear debris into the space around the prosthetic hip. That space contains soft tissue, muscles, and bone. If left untreated, soft tissue, muscle, and bone can become necrotic and die. Bone death is called osteonecrosis. Loss of muscle can cause instability in the hip and lead to dislocation. Osteonecrosis can lead to implant loosening, subsidence, and malposition. Each of these issues makes... --- Providing Representation to Injured Victims Breast implants have been on the market for decades, but not all implants are alike. Breast implants have been the subject of mass tort litigation in the past concerning allegations that certain implants were defective. Many victims who sustained injuries sought help from a breast implant recall lawyer and recovered compensation for their suffering. Breast implants are once again on the radar as hundreds of women have filed claims against Allergan, the maker of multiple types of BIOCELL textured breast implants and tissue expanders. Lawsuits allege that Allergan’s textured implants can cause breast implant-associated large cell lymphoma (BIA-ALCL), a rare and serious cancer. The FDA Forces Allergan to Voluntarily Recall Its Textured Breast Implants More than two years ago, the United States Food and Drug Administration (FDA) requested that Allergan issue a recall of its BIOCELL textured breast implants and tissue expanders. The FDA’s July 2019 safety communication states that there may be a link between Allergan’s textured breast implants and the development of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). The FDA’s safety communication states the following: Based on the currently available information, including the newly submitted data, our analysis demonstrates that the risk of BIA-ALCL with Allergan BIOCELL textured implants is approximately 6 times the risk of BIA-ALCL with textured implants from other manufacturers marketing in the U. S. and continued distribution of Allergan’s BIOCELL textured breast implants would likely cause serious, adverse health consequences and potentially death from BIA-ALCL. Such a bold statement from the FDA has led many affected women to file lawsuits against Allergan, seeking compensation for their suffering. A concerning fact that pushed the FDA to take swift action is that of the 573 reports of BIA-ALCL (as of early July 2019), a total of 481 of these reports were linked to Allergan’s BIOCELL textured breast implants. Allergan has now issued a worldwide recall of the BIOCELL products. Textured Breast Implants and BIA-ALCL Textured breast implants are unique from other types of breast implants and are sometimes called “gummy bear” implants. The outer shell of the breast implant has a textured surface much like sandpaper. The purpose of having the textured outer shell is to help the implant adjoin to soft tissue in a way that provides a more natural look. BIA-ALCL is a rare type of lymphoma (cancer of the lymph nodes) that is linked directly to textured implants. The reason(s) for why BIA-ALCL is linked to textured breast implants as opposed to other types of breast implants is not known at this time and further investigation is warranted. Some doctors believe that certain patients may be predisposed to developing BIA-ALCL after being implanted with textured breast implants. These patients may have inflammation following implantation that is a first step towards developing BIA-ALCL. Allergan Textured Breast Implant Products Subject to Recall Many patients implanted with Allergan’s textured breast implants may not know what specific product was placed inside their bodies. The specific products identified by the FDA as being subject to the worldwide recall include the following: Allergan Natrelle Saline-Filled Breast Implants (multiple textured styles); Allergan Natrelle Silicone-Filled Textured Breast Implants (multiple textured styles); Natrelle 410 Highly Cohesive Anatomically Shaped Silicone Filled Breast Implants (multiple textured styles); Allergan BIOCELL Natrelle 133 Plus Tissue Expander; and Allergan Natrelle 133 Tissue Expander with Suture Tabs. Additional information about the many implant styles for the above-listed products is available on the FDA's website. An Allergan breast implant recall attorney is also a good source to turn to when seeking information about Allergan’s textured breast implant products and the link between those... --- If You or a Family Member Suffered Carbon Monoxide Poisoning on Someone Else’s Premises, You May Be Entitled to Financial Compensation Carbon monoxide is a colorless, odorless and potentially deadly gas. While carbon monoxide detectors are readily available, many homeowners and business owners fail to install these devices on their premises. Heaters, dryers, stoves, ovens and other appliances can release carbon monoxide, and leaky pipes, inadequate ventilation and various other issues can lead to carbon monoxide poisoning as well. If you or a family member has suffered carbon monoxide poisoning on someone else’s premises, you should speak with a lawyer about your family’s legal rights. Since there are steps that property owners can – and should – take to prevent carbon monoxide poisoning on their premises, those that fail to protect their visitors and guests can face legal liability when poisonings occur. Carbon monoxide poisoning can have various long-term (and potentially fatal) effects, and Florida’s premises liability laws make financial compensation available to victims and their families. What are the Signs of Carbon Monoxide Poisoning? One of the most dangerous aspects of carbon monoxide poisoning is that it can be difficult to identify. Since carbon monoxide gas cannot be seen, tasted or smelled, people will often ignore the signs of a possible poisoning until it is too late. If you or any member of your family has experienced the following symptoms and you have not yet sought medical attention, you should see a doctor right away: Blurred vision Confusion or disorientation Dizziness Headaches Loss of consciousness Nausea or vomiting Shortness of breath What are the Potential Long-Term Effects of Carbon Monoxide Poisoning? Beyond its initial symptoms, carbon monoxide poisoning can have a variety of long-term effects, and it can lead to various complications for both adults and children. In the most severe cases, carbon monoxide poisoning can be fatal. In non-fatal cases, potential long-term effects and complications from carbon monoxide poisoning include: Blindness Brain damage Deafness Heart problems Miscarriage, cerebral palsy and other birth complications Personality changes When Should You Talk to a Lawyer About Filing a Claim for Carbon Monoxide Poisoning? If you or a member of your family has been diagnosed with carbon monoxide poisoning, or if you have lost a spouse, child, parent or other family member to carbon monoxide poisoning, you should talk to a lawyer promptly. You may have a claim against the owner of the property where the poisoning occurred. At Searcy Denney, our premises liability law firm will thoroughly assess your legal rights; and, if you have a claim against a property owner, our lawyers will fight to recover the financial compensation you deserve. Talk to a Florida Carbon Monoxide Lawyer at Searcy Denney for Free Would you like to speak with a lawyer about seeking financial compensation for carbon monoxide poisoning? If so, we encourage you to contact us right away. With offices in Tallahassee, Tampa and West Palm Beach, we handle carbon monoxide poisoning claims throughout Florida. To speak with one of our experienced premises liability lawyers in confidence as soon as possible, call 800-780-8607 or request a free consultation online now. --- Speak with Our Florida Brake Failure Accident Attorney Team You expect your car’s brakes to function properly—and when they don’t, it can be a very scary experience. All of a sudden, you are completely out of control, and there is nothing you can do to avoid a crash. While brake failures are relatively uncommon, especially with modern vehicles, they do happen. They happen due to design and manufacturing defects, and they occur as a result of improper installation, maintenance and repairs. If you’ve been involved in a car accident caused by brake failure, you should consult with a lawyer about your legal rights. You may be entitled to financial compensation, but you will need an experienced Florida brake failure accident lawyer to help you pursue a successful claim. Why Do Brake Failures Happen? Brake failures can happen for a variety of different reasons. When seeking compensation for an accident, however, you need to be able to identify the specific reason for your crash. This is true whether your brakes failed or you got hit by another vehicle that experienced a brake failure. The following are all potential causes of brake failure for which accident victims in Florida can seek just compensation: Design Defects – When improperly designed, brakes can fail even when properly manufactured and installed. This applies to all brake components, from brake lines and control valves to calipers and rotors. If your crash resulted from a brake defect, the manufacturer may be liable for your losses. Manufacturing Defects – Issues during the manufacturing process can cause properly-designed brakes to malfunction on the road. Cracks in rotors and lines, improper brake compound mixtures, and various other issues can cause a car’s brakes to fail unexpectedly. Installation and Service Errors – In addition to brake defects, brake installation and service issues can also lead to failures. If not properly installed or serviced, non-defective brakes can malfunction and leave drivers unable to stop safely on the road. Inadequate Maintenance – Vehicle owners have a responsibility to maintain their vehicles in good working order. If the other driver in your accident had neglected to replace work brake pads or rotors, then you could have a negligence claim under the other driver’s auto insurance policy. When you contact Searcy Denney about your brake failure accident, our attorneys will conduct a thorough investigation to identify the specific factor (or factors) involved in your collision. In many cases, this will involve hiring an expert to inspect the brakes in question and determine why they failed. Once we know what went wrong, we can determine who is responsible—and then we can fight to recover the financial compensation you deserve. Speak with a Florida Brake Failure Attorney at Searcy Denney If you were injured in an accident that you suspect was caused by brake failure, you should speak with an attorney promptly. For a free, no-obligation consultation with a Florida car accident attorney at Searcy Denney, call 800-780-8607 or tell us how we can reach you online now.   --- Hearing loss is among the most common injuries resulting from head trauma. While most people associate hearing loss with prolonged exposure to loud noises or the degenerative effects of aging, many people suffer hearing loss in traumatic accidents each year. If you have suffered hearing loss due to an accident, a Florida hearing loss attorney at Searcy Denney may be able to help you recover just compensation. Understanding the Two Types of Hearing Loss There are two main types of hearing loss that can result from traumatic accidents. These are: (i) conductive hearing loss, and (ii) sensorineural hearing loss. Conductive Hearing Loss - This type of hearing loss results from damage to the external or middle ear. If a mechanical problem in one of these areas stops sound waves from reaching the inner, this can prevent the eardrum from vibrating in response to sound. Sensorineural Hearing Loss - With this type of hearing loss, sound reaches the inner ear, but damage to a component of the inner ear (i. e. the cochlea, auditory nerves, or cilia) prevents the ear from functioning properly. Common Causes of Hearing Loss Several causes of hearing loss can entitle individuals in Florida to just compensation. When you contact us, one of our Florida hearing loss attorneys will thoroughly evaluate your legal rights and determine how much you may be entitled to recover. We handle all types of cases involving hearing loss, including: Vehicle Accidents Vehicle accidents are among the most common causes of head trauma, and this means that they are also among the most common causes of traumatic hearing loss. This includes car accidents, motorcycle accidents and truck accidents, as well as accidents involving bicyclists and pedestrians. If you have been involved in a collision and are experiencing hearing loss, you should see a doctor and consult with a lawyer right away. Airbag Deployment In vehicle collisions, airbags are a frequent cause of hearing loss. One study found that “17 percent of people exposed to deployed airbags in American cars will suffer from permanent hearing loss. ” This is attributable to the explosive sound (or “impulse noise”) that occurs when an airbag deploys. Slip, Trip and Fall Accidents Slip, Trip and fall accidents can lead to hearing loss when victims hit their heads. This includes hitting the ground as well as hitting tables, benches, railings and other stationary objects. When seeking treatment following a slip, trip or fall, it is important to thoroughly explain all of your symptoms (including difficulty hearing or ringing in the ears) so that your doctor can provide a complete and accurate diagnosis. Product-Related Accidents Accidents involving dangerous and defective products can also cause hearing loss. This includes hearing loss from traumatic impact as well as from explosive sounds. Ineffective earplugs can also cause inner ear damage due to prolonged exposure to loud sounds on job sites and in other locations over time. Workplace Accidents Various types of workplace accidents can lead to hearing loss. If you are suffering from hearing loss that you believe may be work-related, you should speak with a Florida hearing loss attorney about your legal rights. Not only might you be eligible to file for workers’ compensation benefits, but you could have a personal injury or product liability claim as well. Are you suffering from hearing loss? If so, our Florida personal injury attorneys can determine whether you are eligible for financial compensation. Contact us today to learn more. Talk to a Florida Hearing Loss Attorney for Free To determine if you are eligible to receive financial compensation for your hearing loss, schedule a free,... --- At first, you may believe the blow to your head is no big deal. You may feel no or only minor symptoms initially. You may not even know you sustained brain damage until others begin to notice the subtle changes in your mood, judgment, thinking and memory. Only then do the sudden headaches, depression, sensory disturbances, agitation and insomnia begin to make sense. This scenario describes a common result of minor head injury. Despite its medical reference as mild, a “minor head injury” can have serious consequences on your life. After time passes and you have a chance to get back on your feet, you may think your legal options have expired. A free consultation with a Florida head injury lawyer, however, could help you understand your options. Diagnosing Minor Head Trauma Often the first indication of head trauma is the accident itself, whether you fell or received a violent jolt to the body, or something landed on your head. Trauma may have occurred in an auto accident, an assault, or a fall from a height. Even a relatively light force can cause damage to your brain. Your doctor may send you for tests, including MRI, CAT scan, PET scan and other diagnostics. These tests are not only valuable tools for treating your medical condition, but are also vital to your legal case. How Your Florida Head Injury Lawyer Can Prove Mild Head Injury Damages The lack of outward signs of trauma can complicate head injury claims. Evidence Searcy Denney may use to prove your claim include: Diagnostic imaging and lab results that show the area of brain damage Results of diagnostic analyses for traumatic brain injury and disability as described above Accident reconstruction to show that your injuries are consistent with the accident Witnesses to testify about your behavioral, cognitive, memory and emotional changes since the accident Your personal experiences with pain, physical limitations and cognitive impairment since the accident. Concussions: A Common Accident Injury A concussion is a medical term that describes a traumatic head injury that is often mild and temporary. Mild only refers relatively to the level of brain damage. All brain damage is serious and can carry substantial long-term repercussions. Our Florida head injury lawyers have the knowledge and experience to prove the devastating consequences of your concussive injuries. We often consult with our team of medical experts who can explain the anatomy and the long-term complications arising from your concussion. We build a strong case for your financial, emotional and physical losses to recover the maximum possible compensation. Concussion Symptoms In some cases, concussion results in immediate amnesia, loss of consciousness, sensory impairment, vomiting, confusion and dizziness. However, the symptoms of a concussion may not appear right away, but may take days or weeks to manifest as a result of changes in brain chemistry. Symptoms of a concussion are often subtle, but indicate a much more serious underlying problem. Concussion Complications You may feel and appear like you are recovering from your concussion, but actually have long-term damage. A concussion can result in such serious complications as: Epilepsy. A concussion doubles the risk that a person will develop epilepsy within five years. Post-concussion syndrome. Headaches, dizziness, poor attention, loss of memory, cognitive impairment and other symptoms may appear days after the concussive injury and continue for months. Post-traumatic headaches. Severe headaches may start a week or many months after the concussion. Post-traumatic vertigo. Dizziness and imbalance may manifest within days or many months. Cumulative brain damage. Multiple concussions may result in permanent, progressive impairment. Second impact syndrome. A second concussion that occurs before the... --- Broken bones are among the most severe injuries individuals can sustain in vehicle collisions, falls, and other accidents. They are also among the most common injuries listed in personal injury claims. While a full recovery is possible in many (but not all) cases, prompt diagnosis is critical, and accident victims must receive the medical advice and treatment they need to get better. This, of course, can be incredibly costly, and most accident victims need to hire a Florida bone fracture lawyer to help them recover. Accidents That Lead to Broken Bones Bone fractures can result from all types of traumatic accidents. While it is true that some accidents “just happen,” many accidents result from other people’s negligence. When another person’s or company’s negligence leads to a broken bone, the victim can file a claim for just compensation. Our lawyers help Florida residents and visitors seek just compensation for broken bones resulting from: Car Accidents Truck Accidents Pedestrian Accidents Bicycle Accidents Motorcycle Accidents Slips, Trips and Falls Dog Bites and Animal Attacks Watercraft and Boating Accidents Golf Cart Accidents Other Types of Accidents Common Types of Bone Fractures Bone fractures can vary in terms of their severity, and the severity of a fracture will impact the duration, cost, and likelihood of a full recovery. Severe fractures can leave accident victims with permanent disabilities, and, in some cases, bone fracture victims can suffer from chronic pain as well. The most common types of bone fractures are: Compound Fractures – Compound fractures (also referred to as “open fractures”) occur when a fractured bone pierces the skin. In addition to often requiring emergency surgery, these fractures can present risks for infections and other complications. Stable Fractures – Stable fractures are generally among the less-severe types of bone fractures. The fractured ends of the bone are only minimally misaligned, and it may be possible to recover without surgical intervention. Transverse Fractures – A transverse fracture occurs when the bone fractures horizontally. This could result in a stable fracture, or the two ends of the bone could pass one another. When the ends of the bones pass, surgery will typically be necessary. Oblique Fractures – With an oblique fracture, rather than breaking horizontally, the bone breaks at an angle. The severity of these fractures also depends on the alignment of the broken bone following the injury. Comminuted Fractures – A comminuted fracture occurs when the bone shatters into multiple pieces. These can be severe injuries, and repairing the bone may require surgical intervention as well as the use of screws or other stabilizing devices. Displaced Fractures – A displaced fracture occurs when the two broken ends of a bone separate. These are severe fractures that often cause other forms of internal trauma (i. e. , nerve or soft tissue damage), and surgery is often necessary. Non-Displaced Fractures – Most bone breaks involve non-displaced fractures. With a non-displaced fracture, the broken bone remains aligned, reducing (but not eliminating) the risk of long-term effects. Closed Fractures – Contrasted with a compound (or “open”) fracture, a closed fracture is any fracture in which the bone does not pierce the skin. These can still be very serious fractures—such as displaced or comminuted fractures—and they can require significant care. Simple Fractures – A broken bone can be classified as a “simple fracture” in the case of a clean break with little separation of the bone. While these are usually among the easier bone fractures to treat, recovery can still be a long and expensive process. Greenstick Fractures – Greenstick fractures are most common among children. These child injuries occur when the... --- Restaurants present a variety of risks for injury. From spills to overcrowding, and from torn carpeting to drunk patrons, several issues can lead to accidents and altercations resulting in serious injuries. If you have been injured in a restaurant, you may have a claim against the restaurant owner, and you should speak with a Florida restaurant accident lawyer about your legal rights. Common Claims Against Restaurants in Florida There are various circumstances in which Florida residents and visitors can pursue personal injury claims against restaurant owners. Like all businesses, restaurants have a legal obligation to ensure that their premises are reasonably safe for their customers. If a restaurant fails to meet this obligation, then it can be held liable for negligence under Florida law. Some common examples of restaurant owner negligence include: Failing to clean up spills Failing to repair torn carpeting, cracked steps or other safety hazards Failing to provide adequate security Hiring inexperienced or unqualified staff (including cooks) Serving food that was not stored or prepared properly Serving expired food Exceeding the restaurant’s capacity limit Overserving drunk patrons If you were injured as a result of one of these issues – or any other issue – in a Florida restaurant, our lawyers may be able to help you recover just compensation. This includes compensation for the financial and non-financial costs of your injuries, from medical bills and lost wages to pain and suffering. If you are entitled to financial compensation, our Florida restaurant injury lawyers will work closely with you, your doctors and other experts in order to accurately calculate the full amount you are entitled to recover. We Handle Restaurant Accident Claims for Florida Residents and Visitors At Searcy Denney, we represent Florida residents as well as out-of-state visitors in restaurant accident claims. Whether you were dining out on a Friday night or you were visiting Florida on business or on vacation, our lawyers can seek just compensation on your behalf. We handle claims against stand-alone restaurants (including both franchised and non-franchised chains) as well as claims against restaurants located in hotels, convention centers, stadiums, amusement parks and other venues. In order to ensure that we have the best chance to recover your losses, it is important that you contact us right away. When it comes to seeking compensation for an accident in a restaurant, conducting a prompt investigation can be critical. Our lawyers can seek to obtain the restaurant’s surveillance camera footage, and we can seek to identify witnesses through various investigative means. But, the longer you wait to contact us, the more difficult it could become for us to collect the evidence needed to prove your claim for damages. Speak with a Florida Restaurant Accident Lawyer Today Do you need to seek financial compensation for injuries you sustained in a Florida restaurant? If so, we encourage you to contact us promptly. To discuss your claim with a Florida restaurant accident lawyer at Searcy Denney, call 800-780-8607 or tell us what happened online now.   --- Scarring and disfigurement can not only be extremely painful, but they can also cause significant psychological trauma. Many accident victims struggle with both the physical and psychological effects of their injuries. Fortunately, financial compensation is available in many cases, and a Florida disfigurement attorney at Searcy Denney can help you fight for the compensation you deserve. Accidents That Can Cause Scarring and Disfigurement Various types of accidents can lead to scarring and disfigurement. This includes car accidents, truck accidents and other vehicle collisions, as well as falls, dog bites and animal attacks, and product failures. Medical malpractice can leave patients with scars and disfiguring injuries as well. Examples of medical mistakes that can lead to unnecessary scarring and disfigurement include failure to diagnose, delayed diagnosis and surgical errors. At Searcy Denney, our personal injury practice represents individuals and families in cases involving scarring and disfigurement claims resulting from all causes. This includes cases involving: Severe Lacerations – Severe lacerations, including those requiring stitches or sutures, frequently leave accident victims with permanent scars. Burns – Burns from fires, explosions and contact with hot objects can also leave victims with painful and debilitating scars. Road Rash – Road rash sustained in motorcycle, bicycle and pedestrian accidents is another common cause of scarring and disfigurement. Chemical Exposure – Exposure to toxic substances can result in chemical burns that cause permanent scarring and disfigurement. Loss of Body Parts and Amputation – Loss of a digit or limb in a vehicle collision, job site accident or other accident can have lifelong effects. So can losing a digit or limb due to amputation. Medical Mistakes – As discussed above, various types of medical mistakes can leave patients to cope with the effects of unnecessary scars and disfigurement. Multiple Forms of Compensation for Scarring and Disfigurement Various forms of financial compensation are available for individuals who suffer scarring and disfigurement due to negligence or product failures. When we represent individuals who have scars and other disfiguring injuries, we seek maximum compensation for their: Medical bills (including skin grafts and other surgical procedures) Physical and occupational therapy costs Psychological or psychiatric care bills Prescription and medical device costs Loss of income and benefits Loss of companionship and consortium Loss of society, support and services Loss of enjoyment of life Emotional trauma Physical pain and suffering Find Out How Much You Can Recover from a Florida Disfigurement Attorney If you are struggling with the effects of a catastrophic injury, you do not have to deal with your situation alone. Our Florida disfigurement attorneys are available to speak with you 24/7. To discuss your case in confidence, call 800-780-8607 or tell us how we can reach you online now. Your initial consultation is completely free, and you owe us nothing at all unless we win. Our Florida disfigurement lawyers can help you obtain the care you need, and we can fight for just compensation on your behalf. --- If you have suffered an eye injury or vision loss in an accident, seeking just compensation will be an important part of your recovery. Not only can medical treatment costs be extraordinary, but losing your vision or suffering from a visual impairment can also impact your ability to work, as well as many other aspects of your day-to-day life. A Florida vision loss lawyer at Searcy Denney can help you fight for just compensation, and you can contact us to get started 24/7. Accidents That Can Lead to Vision Loss and Blindness There are four main factors that can lead to eye injuries. These factors can result from all types of accidents—including vehicle collisions, falls, and accidents involving defective products. Eye injuries and vision loss can also result from accidents such as: Pedestrian Accidents Bicycle Accidents Motorcycle Accidents Dog Bites and Animal Attacks Watercraft and Boating Accidents Golf Cart Accidents Premises-Related Accidents In these (and other) types of accidents, the four main factors that can cause eye injuries and vision loss are: Blunt Force Trauma Blunt force trauma to the eye or another part of the head can cause internal damage that leads to vision loss or other visual impairments. Penetrating Objects Objects penetrating the eye can also cause severe injuries. This includes everything from glass shards and other debris to nails, screws and other flying objects. Toxic Exposure Exposure to toxic chemicals can cause vision impairments, including blindness. While toxic exposure is most common in the work environment, it can also occur due to vehicle collisions, product explosions and other accidents. Ultraviolet Light Exposure Exposure to ultraviolet (UV) light can cause damage leading to vision loss and other visual impairments. This includes both long-term and flash exposure to certain types of lights, lasers and other UV sources. Common Types of Eye Injuries Each of these factors can lead to various types of common eye injuries. At Searcy Denney, our Florida eye injury lawyers help local residents and out-of-state visitors seek just compensation for conditions including: Blurred vision Double vision Headaches resulting from eye injuries Loss of an eye Loss of peripheral vision Loss of visual acuity Partial blindness Vision loss (complete blindness) Regardless of what happened, if you or a loved one needs help recovering from an accident that resulted in an eye injury or vision loss, it is important that you seek both medical and legal advice right away. Talk to a Florida Vision Loss Lawyer at Searcy Denney for Free If you need to speak with a Florida vision loss lawyer about seeking just compensation for an eye injury, contact us now to schedule a free, no-obligation consultation. You can reach us 24/7 by phone at 800-780-8607, or you can submit your contact information online and our injury law firm will be in touch promptly. --- A broken hip is among the most serious injuries you can suffer in an accident. Not only do hip fractures require invasive treatment, but they present risks for various complications, and they often leave accident victims suffering from chronic pain and lifelong disabilities. If you have suffered a broken hip in an accident, it will be vital for you to follow your doctor’s medical advice carefully, and you should also speak with a Florida hip injury lawyer as soon as possible. Accidents That Can Lead to Hip Injuries Hip injuries and their complications can result from various causes. In many cases, these causes will entitle injury victims to seek just compensation. For example, a Florida hip injury lawyer at Searcy Denney helps victims recover their losses in cases involving: Personal Injury – Car accidents, truck accidents, construction accidents, premises-related accidents, and boating accidents are common causes of hip injuries. If you suffered a hip fracture in any type of accident, you may be entitled to personal injury compensation. Defective Products – Accidents involving defective products are also common causes of hip injuries. Defective stair treads and handrails, defective brakes, and defective safety equipment are just a few examples of the numerous dangerous products that can cause and contribute to hip fractures. Medical Malpractice – Unfortunately, medical malpractice is a genuine concern for accident victims who have suffered hip fractures. Not only can a misdiagnosis or delayed diagnosis lead to irreparable damage, but failure to prevent infections and other complications can lead to additional financial costs, pain and suffering, and other losses as well. Common Types of Hip Fractures Not all hip injuries are alike. There are three main types of hip injuries, each of which presents its own recovery challenges and risks for complications: Femoral Neck Fractures The most common type of serious hip injury is a femoral neck fracture. The femoral neck, which is located near the hip joint, is both the weakest point of the hip bone and one of the points of the hip bone that is most susceptible to trauma. Intertrochanteric Hip Fractures An intertrochanteric hip fracture occurs further down the hip bone. While intertrochanteric hip fractures are less common than femoral neck fractures, they often present more significant challenges in terms of treatment and recovery. Intracapsular Hip Fractures Intracapsular hip fractures are the most severe form of hip injury, and they are also generally the most difficult to repair. These injuries involve breaking the ball and socket joint in the hip. In addition to emergency medical treatment, long-term rehabilitation is essential to maximizing accident victims’ recovery. Talk to a Florida Hip Injury Lawyer for Free Have you been diagnosed with a hip fracture and/or complications from a traumatic hip injury? Recovering from a serious hip injury is not easy, and these injuries can lead to substantial economic and non-economic costs. To discuss your legal rights with a Florida hip injury lawyer at Searcy Denney, call 800-780-8607 or tell us how we can reach you online now. --- Until it happens, it is hard to imagine losing a digit or limb to amputation. But, while this is unthinkable to most people, it does happen, and, each year, many accident victims find themselves in a position where amputating a digit or limb is necessary. If you have lost a digit or limb due to an accident or medical malpractice, you may be entitled to significant financial compensation, and you should speak with a Florida amputation attorney about your legal rights. Common Accidents and Issues Leading to Amputation Three main factors can lead to a doctor recommending amputation of a damaged digit or limb. In most cases, the need for an amputation is the result of: Physical Injury – Physical injuries account for approximately 75 percent of all upper extremity amputations. This includes injuries resulting in crushing, mangling or severing of digits and limbs. While many types of severe physical injuries can be repaired with modern medicine, some injuries are so severe that saving the injured digit or limb is not possible. Loss of Blood Flow – Loss of blood flow is another common factor leading to amputation. This can involve either physical interference with blood flow (i. e. , having an arm or leg stuck under a heavy object) or from medical conditions such as gangrene and necrosis. Infection – Gangrene is a type of severe infection that can require emergency medical intervention. While treatment is possible in some cases, in others, amputation is necessary to prevent the risk of death. Certain other types of infections can lead to a medical recommendation of amputation as well. These three factors can result from various causes. At Searcy Denney, our Florida amputation lawyers help individuals and families seek just compensation for amputations resulting from: Traumatic Accidents Most personal injury cases involving amputations arise out of traumatic accidents. This includes accidents such as: Car Accidents Truck Accidents Pedestrian Accidents Bicycle Accidents Motorcycle Accidents Slips, Trips and Falls Dog Bites and Animal Attacks Watercraft and Boating Accidents Golf Cart Accidents Other Types of Accidents To seek compensation for a traumatic accident, it is necessary to prove negligence on the part of another individual or company. As a result, a prompt investigation is critical, and it is important that you contact a Florida amputation attorney right away. Product-Related Accidents Product-related accidents are also common causes of amputations. This includes fires and explosions as well as collisions, falls, severe lacerations and other accidents caused by dangerous and defective products. Medical Malpractice In some cases, the need for an amputation can result from medical malpractice. Delayed diagnosis, misdiagnosis, improper triage and failure to treat infections are all common issues that can lead to the need to amputate a digit or limb that otherwise could have been saved. Schedule a Free Consultation With a Florida Amputation Attorney If you need to seek financial compensation for an amputation resulting from an accident or medical malpractice, we strongly encourage you to speak with one of our personal injury attorneys. To schedule a free, no-obligation consultation as soon as possible, call 800-780-8607 or send us your contact information online now. --- Thousands of American medical patients are coming forward with complaints about surgical stapler injuries. In particular, Ethicon (a subsidiary of Johnson & Johnson) surgical staplers are associated with injuries that include infection, tissue damage, and even death. A surgical stapler lawyer may help injured patients and their families recover losses caused by the defective product. Affected patients may include anyone who has received surgical staples in connection with gastrointestinal surgeries, such as bariatric patients and those with colorectal cancer. Unfortunately, issues with defective medical devices are common. If you or a loved one have been harmed in any way by defective Ethicon surgical staplers, we strongly encourage you to contact a lawyer regarding your legal rights and options. Critical Flaws With Ethicon Surgical Staplers May Cause Severe Injury Surgeons typically use staplers during gastrointestinal tract surgeries to create connections between sutures during the procedure. Ethicon stapler products have already caused serious injuries to patients, and the company issued a recall for the products. The U. S. Food and Drug Administration (FDA) has included the following in the list of risks associated with defective staplers: Bleeding Tearing of organs and internal tissues Leaks in the closure Sepsis Increased risk of cancer recurrence Fistula formation Possible death As a result of these issues, patients may need: Antibiotics Additional imaging procedures Additional surgeries and closures A permanent ostomy bag (a pouch attached to the person’s body externally where food waste is stored for disposal) As you can imagine, the injuries associated with Ethicon surgical staplers can be severe and life-changing. The injuries can lead to long-term changes in one’s lifestyle and abilities, such as nutritional and digestive issues, including the need for an ostomy bag. The injured person may require ongoing medical treatment or specialized care and assistance with their daily lives. Ethicon points to flaws with the device that can compromise staple lines during routine gastrointestinal surgeries. These defects include issues with the staple firing and the formation of the staples. The U. S. regulator stated, “Misfiring of the stapler resulted in an additional resection – of the middle rectum in one patient and the lower rectum in another patient – during the planned resection of the upper rectum. ” Your Potential Compensation in an Ethicon Lawsuit Damages in an Ethicon surgical stapler lawsuit can cover a wide range of losses and setbacks caused by a surgical stapler injury. Though a verdict or settlement can never really undo the tragic experiences of an injury victim, it serves the purpose of helping a victim recover and make life better moving forward. A damages award can help with: Medical costs: Costs of treatments, therapy, and medicines Earnings losses: Lost wages (for instance, due to missed work while recovering), or a loss of the ability to generate income in the future Lifestyle adjustments: Loss of consortium, loss of enjoyment of life Various other costs Thousands of Americans are being affected by surgical stapler injuries. Reports warn health care providers of an increase in the number of adverse events associated with defective surgical stapler products. Taking legal action can help you get back on track after a surgical staple injury. Contact an attorney at Searcy Denney at (800) 780-8607 if you need legal representation for an Ethicon surgical stapler lawsuit. Our attorneys have extensive experience in helping clients obtain significant settlements and verdicts against large manufacturing corporations. Ethicon Surgical Stapler Recall In 2019, Ethicon recalled its reloadable surgical staplers due to the flaws mentioned above. A little more than one month after the initial announcement, more than 92,000 Ethicon reloadable surgical staplers were recalled. The devices... --- Tens of millions of Americans live with medical devices implanted in their bodies, from artificial joint and heart defibrillators to surgical mesh. Although these devices are tested for safety and effectiveness, dangerous parts and models still reach the market. When that happens, you have the right to consult with a defective medical device lawyer to learn your compensation options. While medical device manufacturers may be large and powerful corporations, they are not invincible. They can—and should—be held accountable when they sell defective devices. At Searcy Denney, we have a long history of successfully suing companies that manufacture defective medical devices—and if you have a claim, we can use this experience to seek the financial compensation you deserve. What Is Considered a Medical Device? How do you know if you have a claim for a medical device defect? The first step is understanding what is considered a medical device. The U. S. Food and Drug Administration (FDA) defines a medical device as “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is ... : “ntended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease ... or “ntended to affect the structure or any function of the body ... and which does not achieve its primary intended purposes through chemical action ... and which is not dependent upon being metabolized. ” The FDA classifies medical devices as Class I, Class II or Class III. Class I medical devices include things such as bandages and surgical instruments. Class II medical devices include things such as wheelchairs and infusion pumps that present greater risks—and, therefore, require greater care during the design and manufacturing processes. Class III medical devices include replacement heart valves, hip and knee replacements, and other implantable devices. Defects in these devices generally present the greatest risks for patients, and, as a result, they are subject to the highest level of oversight from the FDA. But, despite this oversight, lots of defective medical devices still find their way into patients’ hands and patients’ bodies. As a result, if you have concerns about a medical device, you should not ignore them. Instead, you should speak with a defective medical device lawyer promptly, and you should follow your lawyer’s advice about filing a claim. When Is a Medical Device Considered Defective? Similar to pharmaceutical drugs, medical devices must receive clearance from the FDA before they are made available to consumers. Devices can be fast-tracked through a program called 501 (k) in which a device must prove it is substantially equivalent to one already in distribution in the United States. Unfortunately, this standard can sometimes backfire. People and companies who manufacture, distribute, market and sell products are obligated to ensure their product is safe for use and not unreasonably dangerous for the consumer. If a medical device is defective or later found harmful, those involved in creating and distributing the product may be held liable for any resulting damages. Our Defective Medical Device Lawyers Outline Some of the Most Dangerous Products The following devices have high reports of injuries, side effects, or failure: Metal-on-Metal Hip Replacements Metal-on-metal hip replacements may fray, causing metal shavings to become lodged into the surrounding tissue or enter the bloodstream. This can cause a condition called metallosis, or metal poisoning. Metal-on-metal hip implants include the following manufacturers or brands: Biomet, Depuy, Johnson & Johnson, Smith & Nephew, Wright, and Zimmer. It is common for patients to be unsure which type of hip implant they have... --- Searcy Denney is representing clients diagnosed with Non-Hodgkin’s Lymphoma (NHL) after being exposed to the active ingredient found in Monsanto’s RoundUp Weedkiller in lawsuits alleging that the manufacturer failed to warn the public of the risks associated with the product’s use. RoundUp Weedkiller Contains Carcinogen While RoundUp weedkiller and other glyphosate products have achieved approval across the world, their carcinogenic effects on humans and toxicity to the environment have raised striking concerns. Monsanto was recently found liable in a court of law for falsely promoting chemicals linked to cancer as safe for use. The plaintiff was diagnosed with a form of terminal cancer called Non-Hodgkin’s Lymphoma (NHL). RoundUp’s Popularity & Dangers Millions of Americans use RoundUp products. The active ingredient, glyphosate, is the main component in common garden products around the world and used extensively in agriculture. Farmers quickly adopted the herbicide, and RoundUp products of all kinds dominated the agricultural landscape. By 2007, glyphosate was the most used herbicide in the United States’ agricultural sector and the second-most used in home and garden, government and industry, and commerce. RoundUp products are common in households, on school grounds and in parks. Can exposure to glyphosate in RoundUp be dangerous or even life-threatening? The answer is yes. A court of law determined that the chemical found in RoundUp was the cause of a man’s terminal cancer. Monsanto Found Liable for Man’s Cancer On August 10, 2018, Monsanto was found liable in a landmark verdict for causing the terminal cancer of a school groundskeeper named Dewayne Johnson. The Superior Court of California jury found that Monsanto failed to warn Mr. Johnson of the cancerous risks associated with its weed killers. Monsanto was ordered to pay $289 million in damages. Dewayne Johnson’s case was the first lawsuit of its kind to go to trial. Johnson alleged that the company irresponsibly marketed a dangerous, carcinogenic product. Monsanto is facing more than 5,000 similar lawsuits across the United States. Johnson’s lawyers said their client developed NHL after using glyphosate herbicide products RoundUp and Ranger Pro while working as a pest control manager for the California school system. Following his diagnosis, Johnson underwent chemotherapy and learned he only had 18 months left to live. Symptoms of Non-Hodgkin’s Lymphoma NHL is a type of cancer that starts in white blood cells, called lymphocytes, which belong to the body’s immune system. While lymphomas can happen anywhere in the body where there is lymph tissue, a few main sites include: Lymph nodes Spleen Bone marrow Thymus Adenoids and tonsils Digestive tract NHL can cause a variety of symptoms, depending on the type and location in the body. Common symptoms include: Enlarged lymph nodes Chills Weight loss Fatigue Swollen abdomen Feeling full after only a small amount of food Chest pain or pressure Shortness of breath or cough Severe or frequent infections Easy bruising or bleeding Fever Drenching night sweats Unexpected weight loss Glyphosate Linked to Non-Hodgkin’s Lymphoma Scholarly reviews of glyphosate have evaluated its toxicity and cancerous risks – particularly for NHL. Findings included: A 2014 study linked an increased risk of NHL in workers exposed to the chemical The World Health Organization’s International Agency for Research on Cancer classification of glyphosate as “probably carcinogenic in humans” based on epidemiological, animal and in vitro studies Because of its danger, cities and parks are now banning the use of RoundUp in their facilities. Two California North Bay cities no longer use RoundUp products following the ruling against Monsanto. Monsanto’s Ethical Violations Despite evidence of RoundUp’s link to increased cancer risk, Monsanto continues to market their popular product. Brent Wisner, a... --- After a Prescription Drug Injury, You Need Searcy Denney Most people in the United States take at least one prescription or over-the-counter (OTC) drug. Although medications are perfectly safe for certain patients, those same drugs may be dangerous for other patients. Dangerous drugs could be deemed defective for various reasons, but not all are the subject of recalls. With recalls, a drug may be deemed a defective product and dangerous for all patients. With dangerous drugs, some patients may be at risk of sustaining injuries while others may not. As such, a drug may not be harmful to one person but could be for another. Such drugs are not always recalled when injuries occur, but the United States Food and Drug Administration (FDA) may require drug manufacturers to place enhanced “black box” warnings on the drug’s label. Medications that carry dangerous risks that are not warned about can cause permanent or fatal injuries. At Searcy Denney, each prescription drug attorney at our firm fights tirelessly to ensure pharmaceutical companies and medical professionals are held responsible when their conduct causes a patient to sustain severe and often permanent injuries. When Is a Drug Deemed Dangerous? Drugs (whether prescription or over the counter) can be dangerous in various ways, and it is important to keep in mind that a drug that is typically considered safe can be extremely dangerous in certain situations. Examples of when a drug becomes dangerous include, among others, the following: Drug defects, such as contamination, which is a type of manufacturing defect (as discussed on our defective drugs page) Prescription mistakes, such as prescribing a drug a patient is allergic to or prescribing a medication that interacts with a drug a patient is already taking Dispensing errors on the part of a pharmacy, such as administering the wrong medication or wrong dose of medication contrary to a doctor’s prescription The development of severe and sometimes permanent or fatal side effects that are not warned about in drug’s label as well as in the drug’s instructions or directions for use Although doctors, hospitals, and pharmacies may be to blame in some instances where a patient is injured because of prescribing or dosing mishaps, a substantial number of lawsuits involve the manufacturers of those drugs, which is collectively and commonly known as "big pharma". To be successful in fighting big pharma, injured clients must work with a skilled dangerous drug attorney. FDA Approval – The Requirement to Disclose Known Risks and Dangers The FDA approval process is stringent, requiring drug manufacturers to present evidence that a drug is safe and effective for its intended use. Most people have seen prescription drug commercials with a long list of harmful side effects at the bottom of the screen. Despite an extensive list of negative side effects, the advertised drug still may be safe for a particular category of patients but not for others. Black box warnings are the FDA’s way of saying that drug manufacturers have not done enough to warn of dangerous side effects and that the medical community and patients need to be aware of the risks of taking the drug. When approving a drug, the FDA trusts that the information being provided is accurate and that sufficient studies and drug trials have yielded all potential dangerous side effects. The FDA May Not Have All of the Information About a Prescription Drug Unfortunately, big pharma does not always fully disclose known risks and side effects they know about to the FDA, or they move too quickly and fail to undergo the necessary testing to discover the most severe side effects... --- More than 100 drugs have been associated with severe, life-threatening hypersensitivity reactions, including Stevens-Johnson Syndrome (SJS) and Toxic Epidermal Necrolysis (TENS). Erythema Multiforme is a milder hypersensitivity reaction, less closely associated with use of particular drugs than SJS and TENS. Hypersensitivity reactions are immune-mediated reactions to drugs that range from relatively mild, (with only a rash or skin involvement), to deadly (with skin rashes that lead to massive loss of skin requiring painful treatments in a burn unit, ulcerations in mucous membranes, tissue death or necrosi, respiratory failure, kidney failure, and arrhythmia). Speak To Experienced Drug Reaction Lawyers at Searcy Denney The Florida Stevens-Johnson Syndrome lawyers at Searcy Denney note that allergic drug reactions are one of the leading causes of death in the United States. More than 100,000 patients are hospitalized each year due to adverse reactions to prescription and over-the-counter (OTC) drugs. Lethal skin and systemic reactions are mostly commonly linked to non-steroidal anti-inflammatory (NSAID) drugs such as Motrin, Allopurinol, Phenytoin, Carbamazepine, barbiturates, anticonvulsants, and sulfa antibiotics. Pharmaceutical litigation attorneys explain that a drug reaction usually begins within days or weeks of ingestion. If identified early, the progression of Stevens-Johnson Syndrome or Erythema Multiforme may be stopped if the offending drug or drugs are identified and discontinued with appropriate supportive medical treatment. Experienced Stevens Johnson Syndrome Representation At Searcy Denney our Florida Stevens-Johnson Syndrome lawyers know that many patients with SJS develop early non-specific symptoms including headache, fever, fatigue, and sore throat. As SJS progresses, patients can develop painful ulcers in their oral, nasal, or pharyngeal passages or round lesions on their face, neck, legs, arms, and feet. Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis are two of the most often misdiagnosed or undiagnosed conditions, and far too many patients die or suffer catastrophic injuries before their conditions are properly diagnosed and treated. Patients who have Stevens-Johnson Syndrome or Toxic Epidermal Necrolysis should seek immediate consultations with immunologists and dermatologists. Rural hospitals and medical providers may be ill-equipped to handle the significant medical needs of patients who are suffering from advanced stages of Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis, so family members may want to seek transfer of their loved ones to a university hospital or, preferably, a regional burn unit. Once a patient is diagnosed with SJS or TEN, it is important that he receive supportive care to restore his body’s functions. Supportive care includes provision and monitoring of IV and oral fluids, restoration of electrolytes, administration of special nutrients, adequate fluids and electrolytes, and skin treatment. Some scientists also advocate use of corticosteroids and intravenous immunoglobulin therapy. Recent Hypersensitivity Reactions The most recent example of a mass tort lawsuit involving Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis is the arthritis drug, Bextra. Bextra, also known as valdecoxib, was the third drug approved in the class of pharmaceuticals known as Cox II inhibitors. Bextra is manufactured and sold by Pfizer. The first two drugs approved in this class are Celebrex, also manufactured by Pfizer, which remains on the market, and Vioxx, which was recalled by Merck in September of 2004, following reports of patients suffering heart attacks, strokes, and other cardiac events. Bextra was withdrawn from the market by Pfizer in the United States in April of 2005 after reports linking the drug to numerous cardiovascular injuries and reports of patients suffering life-threatening skin reactions and deaths due to Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis. These hypersensitivity reactions were noted in patients taking Bextra, only some of whom had a history of having an allergy to sulfa drugs. Contact Searcy Denney The Florida products liability lawyers at Searcy Denney... --- You may have heard the term “class action lawsuit” before. But are you familiar with what is called a “mass tort? ” Both types of cases provide similar outcomes and are often confused, but each are handled very differently.   Differences Between Mass Tort & Class Action Cases Many lawsuits involve an individual seeking compensation for damages. But in both mass tort and class action cases, the plaintiffs are made up of a large group of people who share the same grievance. In both instances, the group of plaintiffs alleges harm caused by a common defendant. With both class action and mass torts, lawsuits are consolidated into one action rather than separate lawsuits. These proceedings are designed to cut down on the number of court cases that arise when many are harmed by the same problem. What’s the difference? The main difference between mass torts and class actions is how the large group of plaintiffs is treated. Mass torts often involve a group of distinct individuals sometimes from the same geographic area. Because of this, mass tort cases typically consist of a smaller group of injured plaintiffs than a class action suit. Although plaintiffs in a mass tort are part of a large group, each member is still treated as an individual. This means that each plaintiff must prove certain facts, including how each person was injured by the defendant. Class action suits are handled a little differently. In this type of case, the large group of plaintiffs is considered a class and is represented by an individual called a class representative. The class representative stands in for the rest of the class and all members are treated as one plaintiff. What type of action is used for each case? Class Action Lawsuits A class action lawsuit has certain characteristics and must meet very specific criteria. For example, all individuals in the class must be notified of the suit and given the choice to either opt out or find their own counsel. Before a class action lawsuit is established, a motion must be filed in court for a representative to act as a plaintiff on behalf of the entire class. The Federal Rules of Civil Procedure define specific criteria that must be fulfilled for class action lawsuits to proceed. The class has so many members that aggregating them all is impractical; The class shares legal questions or factual issues that apply to all members. The representative parties' claims or defenses serve as typical examples of the entire class' claims or defenses. The representative parties will act to defend the interests of the class both fairly and adequately. Mass Tort Lawsuits Mass tort actions are an alternative option when certain conditions required for class action lawsuits remain unmet. Each member of a mass tort group may have unique circumstances that necessitate mass tort action. The establishment of a mass tort occurs when the plaintiffs' individual factual situations differ so much that they overshadow the shared issues required for a class action. Large-scale injuries to consumers from defective drugs or products usually lead to mass tort claims. Each person reacts differently to defective drugs or products, which makes it difficult to group these cases into one class. Do you know if you have a mass tort claim? Mass tort lawsuits are generally more complicated than class action lawsuits as they do not necessarily follow standard legal procedure. If you think you have a mass tort claim, it can be hard to know where to begin. That’s where we come in. Our firm has established a reputation for successful claims involving defective drugs,... --- Searcy Denney: Leading Pharmaceutical Lawyers for Every Aspect of Litigation The pharmaceutical industry never stops booming. With countless television commercials revealing new drugs and medical device manufacturers developing new products each year, it should come as no surprise that Big Pharma is a lucrative business. Despite making billions annually, pharmaceutical companies continue to rush products to the market. In doing so, many pharmaceutical drugs and medical devices are not adequately tested, revealing dangers and defects that pose a serious and unreasonable risk of harm to patients. When choosing to take a prescription medication, patients rely on their doctors’ assurances that the drug is safe for its intended use. Each pharmaceutical lawyer and drug injury attorney at Searcy Denney has extensive experience and is well prepared to fight some of the largest pharmaceutical manufacturers in the world. From Bayer to Johnson & Johnson to Pfizer, the legal team of Searcy Denney has the manpower, know-how, and reputation to fight for every client’s rights. Pictured: Brenda Fulmer & Cal Warriner, Shareholders leading our firm’s Mass Tort division. Patients seeking to undergo medical procedures also rely on their surgeons’ assurances that any implantable medical devices to be used in the procedure are safe for their intended use. Although the United States Food and Drug Administration (FDA) regulates the pharmaceutical drug and medical device industry, pharmaceutical companies must take responsibility when their products cause harm to patients. The Importance of Strong Legal Counsel for Injured Plaintiffs Whether in the pharmaceutical industry or not, large corporations spend millions of dollars hiring aggressive defense counsel who will fight tooth and nail to ensure injured plaintiffs do not receive the compensation they deserve for suffering personal injuries. Pharmaceutical drug and medical device manufacturers often hire the largest defense firms in the country, which provide a significant team of lawyers and support staff that work round-the-clock. Because Big Pharma has tremendous resources to fight legal claims, injured plaintiffs must also have a solid legal team to advocate on their behalf. In the context of pharmaceutical drugs and medical devices, mass torts involve thousands of plaintiffs alleging they have been injured by the same drugs and medical devices. While class actions are similar, they are not the same as mass torts. Unlike class actions, where ONE lawsuit involves a large group of plaintiffs, a mass tort is one large litigation that involves thousands of individually filed lawsuits. Because of the large number of legal claims concerning the same drug or medical device, mass tort litigations are typically consolidated in one court for administrative purposes. These cases can get large and complex, thus requiring the assistance of an experienced pharmaceutical lawyer. Understanding the Pharmaceutical Litigation Process Once an injured person contacts a law firm to discuss potential legal options concerning a dangerous drug or medical device, which is the subject of a mass tort litigation, the law firm or lawyer will take the following steps when evaluating the injured person’s potential legal claim: Identify the nature of the injury Identify the name and manufacturer of the product (drug or medical device) that caused the individual’s injuries Identify the date the injury was sustained or when the injured person became aware that a drug or medical device has caused his/her injuries Ensure the statute of limitations period has not expired (i. e. , the deadline to file a lawsuit per state law has not passed) Obtain all necessary medical records to document injuries File the lawsuit in state or federal court or seek to settle the claim out of court Litigate the case with the goal of going to trial and... --- Prescription drugs have helped advance medicine and extended the lives of millions of people. However, far too often than not, drug makers and “big pharma” place profit before the safety of the general public. This is a serious matter since improperly tested or rushed-to-market drugs can have life-threatening consequences. Simply because a drug is on the market does not necessarily mean it is safe. If you suffered a reaction or develop a disease or illness from a medication, a defective drug lawyer from our firm will evaluate your claim and provide you with your legal options. How are Drugs Approved? The government enforces regulations for prescription drugs to protect consumers from dangerous or defective products. FDA-approved drugs identified as hazardous after approval continue to cause thousands of injuries and deaths annually. The FDA’s expedited “510(k)” testing process often leads to defective products reaching the market because it allows drugs to be sold to the public after minimal testing. A lack of proper testing results in undiscovered harmful side effects, which can exacerbate health conditions and result in deadly consequences. Certain situations allow the FDA to determine that a drug's positive effects justify its hazardous risks despite the potential for causing death. Consequences of Defective Drugs Drugs that are defective or incorrectly prescribed can result in life-altering side effects. Birth defects, along with heart attacks and heart conditions, together with hypertension, insomnia and memory loss, as well as numbness and stroke, produce traumatic and debilitating effects. Patients who consume defective or dangerous drugs frequently develop additional chronic medical conditions that demand extended medical treatment. In the worst cases, defective drugs can even cause an untimely death. Our Defective Drug Lawyer Explains Liability Product liability law represents the legal area that deals with negligent manufacturers who release defective drugs to consumers. Manufacturers and sellers face liability for any damages caused when their product creates unforeseen harm to users. There are three distinct categories under which product liability claims can be classified. A manufacturing defect happens when a product gets made incorrectly or becomes polluted during production, which leads to user injury. Design defects happen when pharmaceutical drugs are properly manufactured but their side effects create harm or injury. Failure to warn refers to defective marketing practices that result from inadequate or inappropriate instructions and warnings about how to use a drug. Who Is to Blame for My Injury? The responsibility to update drug labels in order to protect public safety falls on the manufacturer rather than the FDA. The liability for dangerous or defective products extends throughout the entire chain of manufacturers and distributors. Liability for a defective drug extends to the following parties: The drug maker: Drugs represent a multi-billion-dollar industry worldwide, which frequently enters the market because companies focus heavily on profits. Pharmaceutical companies with huge resources have repeatedly shown they inadequately test their products for safety, which results in millions of patient injuries. The drug testing lab: All drugs require multiple safety assessments before they receive approval for sale. Responsibility for consumer injuries will fall on the testing administrators if their research missed detecting a defect in the drug. The representative who sold the drug to healthcare providers: Your doctor can be held responsible for your injury if he or she neglected to inform you about potential side effects or failed to give proper instructions about taking the drug. The prescribing doctor, hospital, or clinic: In the chain of distribution, the pharmacy serves as the last point and holds ultimate responsibility for giving drug usage instructions. A pharmacist faces liability when they fail to provide sufficient instructions regarding drug... --- UPDATE: On July 24, 2020, a judge denied 3M’s attempt to hide behind a government contractor defense, allowing thousands of lawsuits on behalf of injured vets to proceed. Do you currently serve, or have you completed service in the military while experiencing hearing loss or tinnitus, and remember using two-sided earplugs in training or combat situations? During your service, you probably talked with your battalion members about the “yellow and olive green” earplugs, which many now recognize as the cause of their injuries. The Combat Arms Earplugs Version 2 (CAEv2) earplugs, currently under investigation, were produced by the international conglomerate 3M. The Minnesota-based company settled with the U. S. government for $9. 1 million last year because it did not reveal design flaws in earplugs that led to their reduced performance and injured thousands of service members. Searcy Denney attorneys provide free case evaluations to veterans diagnosed with hearing loss or tinnitus from using government-issued earplugs. Our firm offers a free private legal consultation to individuals affected by this dangerous product, so please reach out to us today. It is essential to get compensated for your injuries while we collectively work to prevent those who endanger our armed forces for financial gain. 3M Earplug Lawyer Reach out to Searcy Denney's legal team today by calling (800) 780-8607. Your initial case review will remain confidential and won't be disclosed to the military or the U. S. government. Learn More About the Legal Team at Searcy Denney 3M & Aearo Technologies Fail to Deliver on Earplug Claims Aearo Technologies (which was ultimately acquired by 3M) secured a U. S. government contract by claiming that they developed superior dual-ended earplugs called "selective attenuation earplugs. " The yellow side or “open end” permitted entry for low-level sounds such as voice commands, while the dark olive green side or “closed end” blocked both high and low-level noises. The objective was to create ear protection that enabled team communication and low-frequency hearing through one side and provided enhanced protection against combat gunfire and training noises through the opposite side. 3M’s Defective Design and Unreliable Testing Process Lead to Numerous Injured Service Members Unfortunately, the earplugs were defectively designed. The testing procedures revealed that the earplugs were too short to adequately fit inside the ear canal and create a complete seal against damaging noise. Because of this, the earplugs fit loosely. An external inspection could not reveal that the earplugs failed to seal the ear canal properly, which led to explosive noise exposure that injured U. S. soldiers. Instead of fixing the design flaw, 3M and Aearo Technologies personnel modified the fitting procedure to ensure the earplugs fit deeply into the ear canal of the test subjects. Aero staff members made the earplugs seal the ear by folding back the yellow flanges, which increased the length of the open end. The military personnel using these earplugs during training and combat operations were not informed about this modification. The U. S. government acquired earplugs from 3M and Aearo Technologies despite their knowledge about the product's design flaws, which would later become standard protective gear for millions of military personnel. Injuries From 3M’s Dual-Sided Earplugs Many military personnel experienced serious hearing damage from 3M’s combat earplugs, including hearing loss and tinnitus. The defective earplugs produced by 3M appear to be responsible for these injuries. Loss of Hearing Members of the military face consistent encounters with high decibel levels during combat scenarios and training exercises. Noise levels above 85 dB can lead to hearing loss, and service members need proper ear protection to carry out their duties effectively. Bomb explosions... --- If You Have Lost a Loved One to Violence or Other Criminal Conduct, You Should Speak with a Lawyer about Your Family’s Legal Rights No one deserves to lose their life to someone else’s criminal conduct, and no family deserves to endure the tragedy of losing a loved one too soon. While Florida’s criminal justice system should ensure that the perpetrator is held accountable, if you have lost a loved one to crime, you will need to take legal action on your own to secure just compensation for your family member’s death. There are various circumstances in which surviving family members can recover financial compensation for a wrongful death resulting from a crime. While this might involve filing a claim against the perpetrator, it will more likely involve filing a claim against a business that could have – and should have – done more to prevent your loved one’s death. When you contact us, our Florida wrongful death lawyers will assess all options for securing just compensation, and we will do everything we can to seek justice on your family’s behalf. When Can You File a Florida Wrongful Death Claim After a Death Caused By Crime? All types of fatal crimes can support claims for financial compensation. This includes everything from first-degree murder to vehicular homicide. When a person is charged with a crime, that person can face penalties, including fines and prison time. However, to recover financial compensation, eligible family members must file a claim in civil court. Technically, Florida law requires a wrongful death claim to be filed by the victim’s personal representative. However, spouses, children, parents, and other dependents can all receive compensation. Some examples of circumstances in which eligible family members can recover financial compensation for a wrongful death caused by crime include: Fatal Vehicle Accident – If your loved one was killed in a car accident, your family could seek compensation through auto insurance, and your loved one’s personal representative may be able to file various other claims as well. A Bar or Restaurant Overserved a Drunk Driver – If your loved one was killed by a drunk driver who had been drinking at a bar or restaurant, the establishment could be liable for your loved one’s death. Fatal Assault on Business Premises – If your loved one was assaulted or murdered on business premises, your family may have a claim against the business for negligent security or another form of negligence. Fatal Assault By an Individual – In addition to pursuing a claim against a third-party business, your family may be able to file a lawsuit against the perpetrator as well. With regard to suing the perpetrator, a key issue will be whether the perpetrator has the assets required to provide just compensation to your family. Explaining the Connection Between a Civil and Criminal Case When a Loved One is Killed Other times, a wrongful death case can be brought after a family member died as a result of an intentional act of violence, such as murder. It is often hard for family members to wrap their minds around the reality that their loved one was victimized in such a manner. After undergoing the stresses of the perpetrator’s criminal prosecution, families are often left feeling that their ordeal will never end. This is especially the case when the person who killed your loved one escapes conviction. A wrongful death attorney in Florida will help you file a civil lawsuit against the person who caused the death of your loved one through violence. You are entitled to pursue a case for damages against the person... --- Florida Hotel Negligence Lawyer for Premises Liability and Other Injury Claims Against Resorts and Other Properties When you stay at a hotel or resort, the last thing on your mind is the risk of getting injured. You expect the property to be well-maintained, and you expect the property’s management staff to ensure the safety of all visitors and guests. Unfortunately, while these expectations are reasonable, accidents happen, and when they do, property owners can – and should – be held liable. If you’ve been injured, you should talk to a Florida hotel negligence lawyer, and we encourage you to contact us right away. When Can You Sue a Hotel or Resort in Florida for Negligence? Paying and non-paying guests can sue hotels and resorts in a wide variety of scenarios. Under Florida law, hotels and resorts must maintain their premises in a reasonably safe condition, and they can be held when they fail to do so. Some examples of issues for which a Florida hotel injury lawyer can help injured guests seek just compensation include: Swimming pool hazards (i. e. , slippery decks, inadequate signage or inadequate maintenance) Flooring hazards (i. e. , frayed carpets, cracked sidewalks, or slippery tiles) Unsafe showers or bathtubs Inadequate maintenance or cleaning Toxic mold, lead paint or asbestos exposure Inadequate lighting or security Assaults by hotel or resort staff members Injuries caused by other guests Overserving drunk guests Elevator and escalator malfunctions Parking lot hazards (i. e. , inadequate visibility, inadequate signage or crosswalk markings, or maintenance issues) Ocean water or rain puddles, sand, or other slip-and-fall hazards Do You Have a Premises Liability or Personal Injury Claim Against a Hotel or Resort? Most claims against hotels and resorts are based on the law of premises liability. This law requires property owners to maintain the safety of their premises for visitors and guests. If you slipped or tripped, if your injuries are the result of an escalator malfunction, or if you were injured due to any other issue with the hotel’s or resort’s premises, then a lawyer may be able to help you pursue a claim for premises liability. The other possibility is that you could have a personal injury claim. For example, if a staff member or drunk guest assaulted you, you may have a personal injury claim against the hotel or resort. Regardless of what type of claim you have, you are entitled to full compensation for your injuries, and an experienced Florida hotel injury lawyer can help you recover. At Searcy Denney, our lawyers bring decades of experience to helping injury victims recover their losses, and we can use our experience to help make sure you receive the compensation you deserve. Schedule a Free Consultation with a Florida Hotel Injury Lawyer If you are struggling to recover from injuries you sustained at a Florida hotel or resort, we encourage you to speak with an experienced Florida hotel negligence lawyer about your legal rights. To schedule a free, no-obligation consultation as soon as possible, call 800-780-8607 or submit your case online now. --- Any time you buy a product, that product comes with certain warranties. While companies will often provide written (or “express”) warranties for their products, Florida law establishes certain “implied” warranties for retail product sales as well. While products should adhere to the terms of these warranties, this is not always the case. In fact, companies frequently sell products that fail to uphold the terms of their express and implied warranties. If a product has injured you or a member of your family, you may have a claim for breach of warranty, and you should discuss your legal rights with an experienced product liability attorney promptly. When Can You File a Breach of Warranty Claim for a Product-Related Injury? To determine whether you have a product liability claim for a breach of warranty, it is first necessary to determine what warranties apply. There are three main types of product warranties: Express Warranties – These are written warranties included with the product’s packaging. While manufacturers often include express warranties with their products, they will often try to limit the remedies that are available in breach of warranty cases. These limits may or may not be enforceable depending on the specific circumstances involved. Implied Warranty of Merchantability – The implied warranty of merchantability guarantees that a product is of average quality (at a minimum) and that the product is reasonably safe for the purposes for which it is typically used. This warranty exists under Section 672. 314 of the Florida Statutes. Implied Warranty of Fitness – The implied warranty of fitness guarantees that a product is reasonably safe to use for a particular purpose. This warranty applies to products that have specific uses, such as hand tools and appliances, and it is provided under Section 672. 315 of the Florida Statutes. If one of these warranties applies, then the next question is whether a breach of warranty caused your (or your family member’s) injury. If it did, then you can seek just compensation under Florida law. When a breach of warranty results in physical injury, recoverable damages include all financial and non-financial losses incurred (and that will be incurred in the future). This means that individuals and families can seek just compensation for losses, including: Medical expenses Other out-of-pocket costs Lost earnings Pain and suffering All other forms of financial and non-financial loss How Will Your Florida Product Liability Attorney Prove a Breach of Warranty? Proving a breach of warranty requires evidence of exactly how your (or your family member’s) accident occurred. As a result, it is important to keep the product or any remnants, and it is important that you relay the details of the accident to an attorney as soon as possible. At Searcy Denney, we do not charge any fees or costs unless we win. You can contact us 24/7 to speak with a product liability lawyer, and we are happy to provide a claim assessment free of charge. Schedule a Free Consultation at Searcy Denney to Speak with Our Breach of Warranty Attorneys Do you have questions about filing a product warranty claim? If so, we encourage you to contact us promptly. To speak with an experienced Florida product liability attorney in confidence, call 800-780-8607 or tell us how we can contact you online now.   --- Was Your Child Involved in an Accident? Discuss Your Family’s Rights and Options As a parent, there is no worse feeling than knowing that your child is suffering. You do your best to keep your children safe, and you think you are putting your trust in the right people and the right companies. But, the unfortunate reality is that you can never fully protect your children from all of the risks that exist out in the world. After your child is injured, the best thing you can do is seek professional help, which includes speaking with a Florida child injury lawyer about your family’s legal rights. At Searcy Denney, we are passionate about helping families in cases involving child injuries. We have decades of experience handling all types of personal injury, premises liability, and product liability claims, and we have recovered billions of dollars in compensation for our clients. We use this experience to help families struggling to cope with the financial costs of their children’s injuries, and we fight to ensure that families have the financial resources they need to provide their children with the best lives possible. If your child has been seriously injured in an accident in Florida, you should speak with a lawyer about your family’s legal rights. Your family may be entitled to financial compensation—and, if so, working with an experienced lawyer will be key to maximizing your family’s recovery. Even in child injury cases, the insurance companies put their interests first, so it is important to have an experienced and committed advocate on your side. At Searcy Denney, we handle child injury cases throughout Florida. We have decades of experience, and we have recovered billions of dollars in financial compensation for our clients’ losses. Our Florida child injury lawyers can explain everything you need to know, help you make informed and confident decisions, and then guide you through your next steps at no out-of-pocket cost. Child Injury Cases We Handle We handle all types of child injury cases. No matter how or where your child was injured in Florida, we encourage you to contact us if you have any reason to suspect that someone else (or a company) may be to blame. Our experience includes successfully representing individuals and families in cases involving: Auto Accidents Auto accidents are among the most common causes of serious injury during childhood. As a parent, you do what you can to keep your children safe, but there are numerous factors that are beyond your control. These include common causes of car, truck and SUV accidents such as: Distracted, drunk, reckless and aggressive drivers Roadway hazards Vehicle defects and inadequate vehicle maintenance Airbag and child safety seat defects Truck overloading and other issues related to commercial vehicles If your family has a child injury case as the result of an auto accident in Florida, our lawyers can work quickly to gather the evidence needed to prove your family’s legal rights. We can then use this evidence to seek just compensation on your family’s behalf. Our lawyers will help you understand exactly how much your family is entitled to recover, and we will help you make an informed decision about whether to consider a settlement offer or take the insurance companies to court. Boating Accidents Boating accidents are a common cause of child injuries in Florida as well. Just like auto accidents, boating accidents can also result from a variety of different factors. Whether your child was injured while riding in your family’s boat or on a charter or cruise, our lawyers can use their experience to make sure you... --- Fighting for Compensation After Exposure to Paraquat Paraquat is a non-selective herbicide widely used in commercial farming. In the United States, Paraquat use has increased more than 200% during the past ten years, although it has been banned in numerous countries all over the world. The connection between Paraquat and Parkinson's Disease is causing many victims to turn to a Paraquat lawyer to learn their legal options. At Searcy Denney, we're helping victims with claims across the country. Herbicides are basically weed killers. Non-selective herbicides like Paraquat kill all plant, weed, or grass species to which it is applied. Selective herbicides are specially formulated to kill only non-desirable weeds or grasses, leaving behind the crop or plant you want to cultivate. Paraquat is used to destroy all plant and grass growth on farms, typically between planting of desired crops. Once harvest is complete, farmers apply Paraquat to what remains, essentially obliterating everything above ground. Think of napalm. This practice eliminates time consuming and expensive tilling. The problem is, Paraquat is lethally toxic to both humans and non-human species. As the current labeling states, “One Sip Can Kill. ” Numerous deaths have been linked to the accidental ingestion of Paraquat. As deaths mounted, the EPA issued a Mitigation Decision in 2017 mandating who could mix and apply the herbicide and implementing mandatory training for those individuals. But that’s too little, too late. The most insidious risk of Paraquat use cannot be found in EPA training or on the Paraquat labeling. Our Paraquat Lawyer Explains the Dangers of Exposure Using Paraquat has been linked to developing early-onset Parkinson’s disease. Scientific studies have shown that Paraquat induces mid-brain changes that are the signature of Parkinson’s disease. Some who study Parkinson’s disease use Paraquat in the laboratory to induce these changes so they can be studied. It is almost impossible for the maker of Paraquat, Syngenta, with their scientific abilities not to have discovered this link. One thing we know, Syngenta has never told the EPA that Paraquat can cause Parkinson’s disease. Syngenta has steadfastly claimed there is no link between Paraquat and Parkinson’s disease. The weight of scientific knowledge suggests otherwise. Although Paraquat’s label warns against drinking the herbicide, it has never included a warning about the risk of Parkinson’s disease or any other neurological risk. Review of a Paraquat usage map indicates it is most widely used where you would expect. Agriculture in the United States tends with some exceptions to be in flat, fertile farmland typically near a water source. The entire Mississippi River delta, California’s Central Valley, Kansas, Nebraska, Southern South Dakota, Southern Illinois and most Southern states seem where Paraquat is most widely used. Corn, wheat, soybeans, cotton and fruit orchards and grapes appear to be the crops most widely sprayed with Paraquat. Paraquat Regulation In 2017 the EPA substantially changed the conditions under which Paraquat could be purchased, mixed and applied. Before that though, the rules were much different. Paraquat has always been a restricted-use herbicide, meaning it could be sold only to someone who was a certified applicator. However, before 2017 anyone could mix and apply Paraquat if they were doing so under the “supervision” of a certified applicator, which means hundreds of thousands of farmworkers, none of whom had training or certification, mixed and applied Paraquat for years. In addition, overspray has unintentionally exposed agricultural workers who did not mix or apply Paraquat. These workers, according to published medical literature, were at more than twice the risk of developing Parkinson’s disease than the general public. Even had they received training, they would not be aware of... --- Tow trucks are large, complex vehicles that provide limited visibility, and they can be dangerous if they are not properly operated and maintained. As a result, among accidents involving large trucks, tow truck accidents are fairly common, and they often result in serious injuries. If you have been injured in an accident involving a tow truck in Florida, you will need to hire an experienced attorney to help you recover your losses. At Searcy Denney, we have been representing truck accident victims for decades, and we have recovered millions of dollars in compensation for our truck accident clients. While tow trucks can be difficult to operate and expensive to maintain, this does not mean that mistakes are excused. If a truck driver or towing company is to blame for your losses, you deserve compensation, and our attorneys can fight to recover the compensation you deserve. What are Common Issues in Accidents Involving Tow Trucks? Several issues contribute to the accident risks associated with tow trucks. This includes both problems with the truck’s operation and issues with the truck itself: Negligent Tow Truck Driving – Due to tow trucks’ size and weight, common driving mistakes can be extremely dangerous. Speeding, tailgating, distracted driving, ignoring traffic signs and signals, and driving while impaired are all common factors in tow truck accidents. Negligent Vehicle Loading or Towing – Towed vehicles must be adequately secured, and their weight must not exceed the truck’s safe towing capacity. Issues with vehicles undertow are common factors in tow truck accidents as well. Tow Truck Mechanical Failures – From a mechanical perspective, a lot can go wrong with a tow truck. From transmission and brake failures to issues with the straps and winches used to secure towed vehicles, numerous types of mechanical problems can lead to dangerous collisions. Inadequate Driver Training or Experience – Operating a tow truck safely requires thorough training and considerable experience. If a towing company hires an inexperienced driver and fails to provide him or her with the necessary training, the towing company could be deemed directly at fault in the event of a collision. Who is Liable for a Tow Truck Accident in Florida? Just as several issues can cause tow truck accidents, several parties can be liable for these accidents as well. In addition to the towing company, parties that could potentially be liable include the driver’s insurance company, maintenance and repair shops that worked on the truck, the truck’s manufacturer, and others. As your law firm, we will thoroughly investigate what caused your tow truck accident and what company is liable. Then we will use our experience in commercial truck accident cases to seek maximum compensation on your behalf. Injured in a Florida Tow Truck Accident? Schedule a Free Consultation at Searcy Denney With offices in West Palm Beach and Tallahassee, our firm handles tow truck accident cases throughout Florida. For a free, no-obligation consultation, call us at 800-780-8607 or contact us online today. --- Most of us use elevators and escalators daily without giving it a second thought. They save time, they offer a moment of respite in the middle of a busy day, and they are supposed to be safely designed and meticulously maintained. However, each year, well over 10,000 Americans are forced to seek emergency medical treatment for elevator and escalator accidents. At Searcy Denney, we help accident victims recover just compensation. If you need a Florida elevator accident lawyer or a Florida escalator accident lawyer, we encourage you to contact us right away. What are the Causes of Elevator and Escalator Accidents? Elevator and escalator accidents can result from a variety of different causes. While these accidents are occasionally the result of user error (i. e. , someone attempting to run up a down escalator), most result from issues with elevators and escalators themselves. This includes issues such as: Defective design or construction Faulty installation Inadequate preventative maintenance Negligent repairs Missed inspections Insufficient elevator or escalator capacity Who is Liable for an Escalator or Elevator Accident in Florida? When it comes to determining who is liable for an elevator or escalator accident, the answer depends upon the specific issue (or issues) involved. For example, while an elevator manufacturer would be liable in the case of a design defect, the building owner where the elevator was installed might be responsible if the accident resulted from inadequate maintenance or a missed inspection. If the building owner hired a service company to make a repair, then the service company could be liable if its engineer or technician made a mistake that led to the accident. As your case could be a product liability or premises liability claim, it’s best to consult with an experienced injury law firm to point you in the right direction with the right legal team. How Do You Seek Compensation for an Elevator or Escalator Accident in Florida? To seek compensation for an elevator or escalator accident in Florida, you will need to hire an experienced elevator or escalator lawyer to conduct an investigation and file all available claims on your behalf. Due to the multitude of factors that could potentially be involved, it is important to choose a lawyer who has experience with personal injury, premises liability and product liability claims. At Searcy Denney, our attorneys have centuries of combined experience and have recovered billions of dollars in compensation in each of these types of cases. We have the experience you need to secure the compensation you deserve, and we do not hesitate to take companies to court when necessary. How Long Do You Have to File a Claim in Florida? Under Florida law, you generally have two years to file a claim after an elevator or escalator accident. However, to preserve critical evidence and ensure that you can recover just compensation as soon as possible, we strongly encourage you to speak with a Florida elevator accident lawyer or Florida escalator accident lawyer right away. Discuss Your Case with a Skilled Florida Elevator Accident Lawyer or Escalator Accident Attorney at Searcy Denney For more information about recovering your losses after an elevator or escalator accident in Florida, contact us to arrange a free initial consultation with one of our experienced personal injury attorneys. We are available 24/7, so call 800-780-8607 or tell us how we can reach you online now. --- Getting injured or sick on a cruise ship or shore excursion can do much more than ruin your vacation. Injuries and illnesses can lead to substantial out-of-pocket costs, and, if you have been severely injured, you could be facing chronic pain and other long-term consequences. While the cruise lines can be held liable when injuries and illnesses occur, recovering your losses can be challenging. As a result, it is important to hire an experienced Florida cruise ship accident lawyer to fight for the compensation you deserve. Common Causes of Injuries on Cruise Ships All types of accidents can lead to injuries onboard cruise ships. Our cruise ship accident attorneys represent cruise ship passengers, parents of children who suffer injuries and illnesses onboard cruise ships, crew members, guest performers and others in claims involving: Allergic reactions Elevator and escalator accidents Exposure to contagious diseases Exposure to carbon monoxide or harmful fumes Food poisoning Mistakes by cruise ship doctors and medical staff Moving and falling objects Physical and sexual assaults Roller coaster accidents Rock climbing wall accidents Slips, trips and falls Swimming pool accidents While cruise ships are meant to be fun, and while most cruise lines make efforts to ensure their passengers’ and employees’ safety, accidents can – and do – occur. Each year, there are hundreds of deaths and thousands of injuries onboard cruise ships. Our Florida cruise ship accident lawyers represent victims and families in Florida and nationwide in their personal injury claims, and we handle cases against all of the major cruise lines. Common Accidents on Cruise Ship Excursions In addition to accidents onboard cruise ships, accidents during cruise ship excursions can leave passengers suffering from serious, life-altering and, in some cases, life-threatening injuries as well. Some of the most common types of accidents during cruise ship excursions include: Accidents during physical activities such as hiking or biking Parasailing accidents Snorkeling and scuba diving accidents Tender accidents Vehicle accidents Zipline accidents Depending on the circumstances involved, seeking financial compensation for an accident that occurred during a cruise ship excursion may involve filing a claim against the cruise line, or you may need to pursue a claim against the excursion operator. Our lawyers can determine which company is liable for your losses and pursue all appropriate claims on your behalf. Our Florida Cruise Ship Accident Lawyers Outline What You Should Do After a Accident Onboard or During a Shore Excursion If you have been injured onboard a cruise ship or during a shore excursion, what should you do? If you are still on the cruise, you should report the accident to cruise personnel immediately. You should also seek medical treatment onboard the cruise ship (or at the hospital if you are back in the United States), and you should speak with a Florida cruise ship accident lawyer as soon as possible. Speak with a Florida Cruise Ship Accident Lawyer for Free Our Florida cruise ship accident lawyers are available to speak with passengers, crewmembers and others 24/7. To discuss your legal rights in confidence, call our injury law firm at 800-780-8607 or tell us about your cruise ship accident online now.   --- As a Florida premises liability law firm, we have represented clients in cases involving a broad range of circumstances. While certain types of slip, trip, and fall accidents are relatively common, some special circumstances can present unique challenges when pursuing a premises liability claim. Premises liability claims are a form of personal injury claim and often revolve around negligence. Our attorneys will examine the unique facts for your case and help you pursue the most compensation available. Four Types of Premises Liability Claims Involving Special Circumstances in Florida Some of these special circumstances arise out of the facts involved in the accident, and some of them arise out of specific provisions of the Florida Statutes. For example, some special circumstances that can impact how our attorneys pursue a premises liability claim include: 1. Spills (or “Transitory Foreign Substances”) Spills are among the most common causes of slip-and-fall accidents. But, when these accidents occur in Florida businesses, special rules apply. Under Section 768. 0755 of the Florida Statutes: “If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. ” “Transitory foreign substance” simply refers to something that has been spilled on the floor, whether milk in a supermarket or a cleaning solvent in a big box or home improvement store. As the statute states, to recover compensation in these types of cases, it is necessary to prove that either: (i) the business actually knew of the spill; or, (ii) the business should have known that the spill occurred or the spill was a foreseeable event. 2. Premises Liability Claims Involving Children Accidents involving children present special circumstances as well. This is due not only to the unique impacts that traumatic injuries can have upon a child but due to Florida’s “attractive nuisance” law as well. Under this law, a property owner can be held liable for a child’s injuries, even if the child was trespassing at the time of his or her accident. Attractive nuisance claims commonly involve hazards such as: Construction sites Golf carts, ATVs and heavy machinery Lakes, streams and ponds Playgrounds Swimming pools 3. Premises Liability Claims Involving Seniors As we age, our bodies become more fragile. It also becomes increasingly likely that we will suffer the lingering effects of physical injuries that make us more susceptible to harm. As a result, seniors will frequently suffer severe injuries in falls and other premises-related accidents. In these cases, Florida’s “eggshell plaintiff” doctrine applies. Under this doctrine, property owners can be held fully liable for seniors’ injuries regardless of any pre-existing conditions. 4. Delayed Premises Liability Claims Finally, in many cases, accident victims wait to seek legal help. The good news is that Florida has a four-year statute of limitations for premises liability claims. However, proving liability for a fall or other premises-related accident can become more difficult as time goes on (and it takes time to investigate and prepare a claim as well), so it is important to speak with an attorney as soon as possible. Contact Our Florida Premises Liability Law Firm for Your Personal Injury Claim If you, your child or any other member of your family has been injured in a premises-related accident, we encourage you to speak with one of the attorneys at our Florida premises liability law firm about your legal rights. For a free, no-obligation consultation, call us at 800-780-8607 or tell us how we can help online today.   --- In Florida, rental cars are everywhere. Tourists and business travelers come from across the country and worldwide to visit our beaches, amusement parks, entertainment venues, conference centers, and other major attractions. If you have been involved in a rental car accident, recovering your losses may present certain unique challenges. It will be important to hire an experienced Florida rental car accident lawyer to represent you. Auto Insurance Claims in Florida Rental Car Accidents As a Florida resident, you should have personal injury protection (PIP) under your auto insurance policy. This coverage is mandatory under Florida’s “no-fault” insurance law. PIP provides coverage regardless of fault, so you should be able to secure PIP coverage without addressing any questions as to who caused the accident. However, this can be easier said than done, and many Florida drivers struggle to secure full PIP coverage on their own. To seek insurance coverage outside of PIP, you will need to prove that the rental car driver was negligent. This is true whether: The rental car driver has liability insurance; or, You have uninsured/underinsured motorist (UIM) coverage under your policy. Filing a liability claim after a rental car accident is similar to seeking fault-based coverage after any other type of vehicle collision. Your lawyer will need to conduct an investigation, and he or she will need to use the available evidence to prove that the rental car driver was negligent in causing the collision. Is the Rental Car Company Liable for Florida Accident? Many people assume that rental car companies are liable for rental car accidents. However, this is not necessarily the case. In fact, under Florida law, the default rule is that a rental car company is not liable simply as a result of one of its vehicles being involved in a collision. But, while this is the default rule, there are several exceptions, and, in many cases, rental car companies can be held liable for accident victims’ injuries. For example, potential grounds for pursuing liability claims against rental car companies in Florida include: The rental car company failed to perform necessary maintenance on the vehicle; The rental car company failed to adequately supervise or train its employees; and, The rental car company failed to conduct adequate screening to avoid renting a vehicle to an unsafe driver. In any case, if you were injured in an accident and the other driver, the rental car company, or anyone else was at fault, you deserve to be fully and fairly compensated. At Searcy Denney, our Florida rental car accident lawyers can help, and we encourage you to contact us promptly to discuss your case. Request a Free Consultation with a Florida Rental Car Accident Lawyer Were you injured in an accident involving a rental car in Florida? To discuss your legal rights with one of our experienced car accident lawyers in confidence, call us at 800-780-8607 or request a free consultation online now.     --- Our Lawyers Can Manage Your Bus Accident Claim While buses provide an essential mode of transportation for individuals who either cannot or choose not to drive, they also present risks for passengers, pedestrians and other motorists. Bus accidents are relatively common in Florida, and they often result in serious – and, in some cases, fatal – injuries. If you have been injured or lost a loved one in an accident involving a publicly operated or privately operated bus, you may be entitled to significant financial compensation. Speak with a Florida bus accident attorney about your legal rights promptly. Buses Present Many Risks for Passengers, Pedestrians and Other Motorists in Florida Although buses should be safe, the reality is that they present a variety of risks for passengers, pedestrians and other motorists. In the aftermath of a bus accident, discovering the accident’s cause is of utmost importance, as the cause determines what company is liable for the victim’s (or victims’) losses. Some of the most common factors involved in bus accidents include: Bus Driver Inexperience – Many drivers lack the experience required to operate their buses safely. Bus Driver Negligence – Even experienced bus drivers can make costly mistakes. Running red lights, failing to check blind spots and other forms of negligence are common factors in dangerous bus accidents. Lack of Safety Equipment – From seat belts to good-quality brakes, many buses lack even basic safety equipment that is standard on other types of vehicles. Large Size and Weight – The large size and weight of buses play a role in many accidents as well. Bus drivers must account for these factors to avoid causing dangerous collisions. Limited Visibility – Bus drivers often have minimal visibility, particularly along the sides and at the rear of the bus. However, this is not an excuse for putting others in harm’s way. Vehicle Defects – Vehicle defects also play a role in many truck accidents. From tire blowouts to mechanical failures, various defects can cause and contribute to passenger, pedestrian and motorist injuries. At Searcy Denney, we handle bus accident claims throughout Florida involving these and other factors. Our bus accident attorneys provide representation for individuals and families in cases involving: Charter buses Commercial buses Municipal buses Privately-operated buses at amusement parks and other venues Public and private school buses Florida Attorneys for Bus Accidents Involving Serious and Fatal Injuries If you have been seriously injured or a loved one has been killed in a bus accident in Florida, the financial and non-financial costs of the accident could be devastating. You will need a team of experienced attorneys to help you recover the compensation you deserve. At Searcy Denney, we have decades of experience securing just compensation for our clients, and we have recovered millions on behalf of Florida residents and families in cases involving: Broken Bones Broken bones are common injuries in bus accidents. Unrestrained bus passengers can be thrown into windows, seats, and co-passengers during collisions, and this can lead to fractures in the arms, legs, collarbone, ribs, and other parts of the body. Regardless of whether a broken bone can heal with immobilization (i. e. , a cast) or surgery is necessary, the costs of treatment and recovery can be substantial, and this makes it critical to hire an experienced bus accident attorney to seek the financial compensation you deserve. Traumatic Brain Injuries (TBI) Traumatic brain injuries (TBIs) can leave bus accident victims facing substantial treatment and recovery costs as well. If you have been diagnosed with a concussion or any other form of TBI after a bus accident in Florida,... --- Florida has some of the most dangerous roadways in the country, causing hundreds of thousands of crashes to occur each year on Florida roadways. According to a report from the South Florida Sun-Sentinel, “our of the top five deadliest highways in the nation are in Florida. ” Looking at the Top 10 list of most dangerous highways in America, Florida is home to six out of ten of the most dangerous highways, according to Forbes. Florida’s U. S. Route 1 is the most dangerous road in the United States. U. S. Route 1 is 544 miles of roadway running along Florida’s east. Over a thousand deadly crashes have occurred on this highway over the past decade. Why Are Florida Roadways So Dangerous? While the above reports consider accidents involving all factors, the roads themselves are often to blame in many cases. Numerous dangerous road conditions cause and contribute to serious and fatal car accidents across Florida each year. Additionally, below are some other factors that contribute to Florida’s highways being so dangerous: Negligence/Speeding. Some drivers are negligent in driving and disregard posted speed limits causing accidents to occur. Florida motorists who drive at higher rates of speed that are appropriate for the area or the terrain, making it more difficult to quickly respond to a hazard that may appear in the roadway. Dense Population. A combination of Florida’s dense population and dangerous road conditions contribute to a large number of accidents each year. Florida’s roadways that are connected to densely populated areas increase the chances of accidents occurring. Florida Car Crash Statistics The Florida Highway Safety and Motor Vehicles (FLHSMV) reports motor vehicle crash data and other statistics each year; the Florida Department of Transportation (FDOT) maintains a Florida Crash Dashboard for easy access and updates these reports annually. Here are the numbers for 2024 and 2023 motor vehicle accidents in Florida: 2024 Florida Car Crash Statistics All Crashes: 380,308 Total Fatal Crashes: 2,887 Total Injury Crashes: 160,583 2023 Florida Car Crash Statistics All Crashes: 395,175 Total Fatal Crashes: 3,162 Total Injury Crashes: 164,413 In addition to fatal crashes, thousands of auto accidents each year cause serious damage to motorists causing expenses such as medical expenses, deteriorating quality of life, lost wages, pain and suffering, and property loss. Our car accident attorneys understand how complicated these cases can be and are readily available to fight for your compensation. If you have questions about the damages you sustained in your car crash case, contact an experienced Florida road hazard accident attorney at Searcy Denney. Our lawyers can help explain your options as well as negotiate on your behalf to ensure you receive the compensation you need for the injuries you sustained. Common Road Hazards and Other Factors That Cause and Contribute to Serious in Florida Auto Accidents Dangerous road conditions range from issues with how a road is constructed to problems with signs, traffic signals and lane markings (or the lack thereof). Any time you are involved in an auto accident, it is important to consider whether an issue with the road may have played a role in causing you to crash. Some of the most common road hazards involved in auto accidents in Florida include: Potholes and sinkholes Uneven lanes Low shoulders Inadequate merging areas Inadequate road maintenance Use of improper road construction materials Gravel, debris, and other road obstructions Missing signs, traffic signals or lane markings Inoperable traffic signals Limited visibility and visual obstructions The FLHSMV’s annual crash reports include the following as some of the leading causes of crashes in Florida: Failed to Yield the Right of Way... --- Tanker trucks carrying fuel, oil, water, industrial chemicals and other liquids present hazards on Florida’s roads. From highways to city streets, these large trucks are not only notoriously difficult to maneuver safely, but they also present other risks. Accidents involving tanker trucks often have devastating consequences, and, in many cases, victims and their family members will face lifelong recoveries. If you have been seriously injured or lost a loved one, you should promptly speak with a Florida tanker truck accident attorney. Common Factors in Florida Tanker Truck Accidents Like other types of commercial truck accidents, accidents involving tanker trucks can involve various factors. Negligent truck driving, issues with the road, problems with the truck’s liquid cargo and issues with the truck itself can all cause and contribute to serious and fatal collisions. However, certain factors tend to be particularly common. For example, some of the most common factors involved in tanker truck accidents include: Driver fatigue due to long hours behind the wheel Driver distractions (both in the cab and outside of the truck) Driving under the influence of alcohol, medications, and illegal drugs Failure to appropriately pressurize liquid cargo Tanker truck defects and maintenance issues In addition to these common causes of tanker truck accidents, there are several scenarios in which these accidents are more likely to occur. Specific Dangers Truck Drivers Face When Driving a Tanker Truck Among other instances, drivers, passengers and their loved ones will frequently be entitled to recover financial compensation for tanker truck accidents involving: Taking Turns Too Fast – When filled with liquid cargo, tanker trucks can be extraordinarily heavy. Additionally, the fuller the tank, the higher the truck’s center of gravity. If a tanker truck driver takes a turn too fast, this can cause its trailer to jackknife or rollover. Even if the driver can regain control, it will be too late to avoid a serious collision in many cases. Following Too Closely, Braking Harshly and Stopping Short – Due to their extreme weight, tanker trucks require a significant amount of stopping distance. If a tanker truck driver is following too closely, brakes suddenly or attempts to stop short, the weight of the truck’s liquid cargo can push the truck forward and cause a rear-end collision. Tanker Truck Spills – Regardless of the type of liquid it is carrying, if a tanker truck spills its liquid cargo onto the road, this can create an extremely dangerous situation in which multiple drivers, passengers, and pedestrians are at risk for suffering serious traumatic injuries. While modern tanker trucks are designed to prevent spills even during rollovers and other serious accidents, spills still happen, and they often have devastating consequences. Speak with a Florida Tanker Truck Accident Attorney at Searcy Denney Have you been injured, or has a member of your family been killed in a tanker truck accident in Florida? If so, our attorneys are here to help you recover the financial compensation you deserve. To get started with a free and confidential consultation, call our Florida tanker truck accident attorney at 800-780-8607 or tell us how we can reach you online today. --- If you have suffered a back injury in an accident, it is important that you speak with a personal injury attorney. A back injury can change your life forever, and the financial and non-financial costs can be devastating. At Searcy Denney, we have decades of experience representing accident victims with catastrophic back injuries, and you can contact us 24/7 to speak with a Florida spinal cord injury lawyer about your legal rights. Types of Back Injuries We represent individuals who have suffered all types of back injuries in vehicle collisions and other accidents. This includes truck accidents, falls, and other traumatic events in which someone else is to blame. If you, your spouse or child, or another loved one has been diagnosed with any of the following, our attorneys can make sure you receive the financial compensation you deserve: Back sprain Back strain Full or partial paralysis Nerve damage Pinched or compressed nerve Ruptured disc Slipped or herniated disc Spinal fracture Florida Spinal Cord Injury Lawyer Explains Paralysis Among all of the various potential effects of being involved in a serious accident, few consequences are more devastating than paralysis. Paralysis is a condition that results in immobility as a result of a back injury affecting the muscles and nerves in the spine. Due to the anatomy of the spine, paralysis affects the muscles and nerves below the location of the injury. Thus, the higher on the spine the injury occurs, the greater the risk of full paralysis. This condition, known as quadriplegia (or tetraplegia), can affect the legs, arms, torso and neck, while paraplegia affects only the lower body. In some cases, accident victims will experience complete paralysis, which results in total loss of motor and sensory function. In other cases, accident victims will experience incomplete paralysis, which results in some motor and sensory function being maintained. In addition to physical mobility and sensory inputs, paralysis can also result in: Inability to regulate blood pressure Incontinence Respiratory dysfunction Sexual dysfunction Our Personal Injury Lawyer Understands How Your Life Changes After a Spinal Cord Injury Like other types of catastrophic injuries, a spinal cord injury can change your life in the blink of an eye. Even if you do not suffer the extreme consequences of paralysis, a spinal cord injury can still lead to physical limitations, substantial medical expenses, time missed from work, chronic pain, emotional trauma, and loss of enjoyment of life. In order to ensure that you are able to cope with these consequences effectively, you will need to hire a lawyer to seek just compensation on your behalf, and at Searcy Denney we are prepared to do whatever it takes to help you recover your losses. Understanding Your Spinal Cord Injury Types of Spinal Cord Injuries The spinal cord is a bundle of nerves that runs from the skull to the lower back. It is a key component of the central nervous system, which is essential to our mobility, cognition, and many of our bodily functions. It is protected by the spine. The spine consists of 33 vertebrae that are mostly separated by discs, and it is divided into five regions: Cervical Spine – The cervical spine consists of the C1 to C7 vertebrae. It is the uppermost portion of the spine. Thoracic Spine – The thoracic spine consists of the T1 to T12 vertebrae. It sits below the cervical spine and makes up the majority of the middle back. Lumbar Spine – The lumbar spine consists of the L1 to L5 vertebrae. It sits below the thoracic spine in the lower back. Sacrum – The sacrum consists... --- Dog attacks can happen suddenly, with the dog’s aggression seeming to come out of nowhere. Even well-trained dogs can be unpredictable; and, in order to prevent unprovoked attacks, dog owners must ensure that their animals are leashed or fenced at all times. If you or your child has been bitten by a dog, it is important that you speak with a Florida dog bite lawyer as soon as possible. At Searcy Denney, our personal injury team represents parents and dog bite victims throughout Florida. Florida’s dog bite law provides individuals who have been bitten with clear legal rights, and our lawyers are experienced in helping parents and victims recover just compensation. If you or your child has been bitten, one of our injury lawyers will be happy to explain your legal rights one-on-one, and we will use our experience to make sure you and your family receive the compensation you deserve. Florida’s Dog Bite Statute Protects Child and Adult Victims Different states have different rules regarding liability for dog attacks. Fortunately, Florida’s dog bite statute is particularly favorable for victims and their families. It protects both child and adult victims of dog attacks, and it does not excuse a dog’s first attack. Florida’s Dog Bite Law Does Not Follow the “One Bite” Rule Many states follow the “one bite” rule when it comes to liability for dog attacks. This rule says that a dog’s owner is not liable the first time the dog bites someone—under the theory that the owner may not have known that the dog was dangerous (there are often exceptions for certain circumstances and certain breeds). However, Florida’s dog bite statute does not follow the “one bite” rule. It states: “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place ... is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. ” This is known as a “strict liability” standard, meaning that the dog’s owner is liable regardless of the dog’s history and regardless of whether the owner took reasonable steps to prevent the dog from biting. In Florida, dog owners can only escape liability for dog bites if they place a prominent warning sign on their property that includes the word “Bad Dog” and the bite occurs on their property. However, this rule does not preclude liability if the dog bites a child under the age of six. If a dog bite victim provokes the dog into biting, then his or her ability to recover is not eliminated entirely, but rather is reduced in proportion to his or her percentage of fault in the attack. Common Dog Bite Injuries Dog bites can cause various types of severe injuries. Even if a dog doesn’t bite, being knocked down by a dog can lead to injuries as well. Some of the most common types of injuries adults and children sustain from dog bites and dog attacks include: Deep puncture wounds Broken bones Ear injuries Eye injuries Facial lacerations and scars Neck and back injuries Nerve damage Tissue damage The risk of infection is also a concern with dog bites. Even if a dog has been vaccinated against rabies, a bite can still potentially lead to bacterial infections including capnocytophaga, pasteurella, staph, strep and tetanus. Many dog attack victims experience emotional trauma as well and injuries from dog attacks will often leave victims struggling to cope with long-term pain and suffering. What is the Dog Bite Scale for Injuries?... --- If You Were Hit by a Car While Walking or Running, Our Lawyers Can Help You Pedestrians have clear legal rights in Florida. As a pedestrian, you have the right of way when you are crossing in a designated area (i. e. a crosswalk); and, in all circumstances, drivers owe a duty of care to avoid causing you unnecessary harm. If you were hit by a car, truck or SUV while walking or running in Florida, you may be entitled to a significant financial recovery via a personal injury claim, and you should speak with a Florida pedestrian accident lawyer about your legal rights as soon as possible. Florida Pedestrian Accident Statistics (Updated 2022) Each year, thousands of Florida residents and visitors suffer serious injuries in pedestrian accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 9,450 pedestrian accidents statewide in 2021—representing a 16-percent increase over 2020. Tragically, there are hundreds of fatal pedestrian accidents in Florida each year as well—with 715 pedestrians losing their lives in 2020 and 817 pedestrians losing their lives in 2021. Pedestrian accidents are particularly common in locations with high foot traffic. This includes major cities like Tampa and West Palm Beach, smaller cities like Tallahassee, and beach towns all along Florida’s Atlantic and Gulf Coasts. While drivers need to be cautious when driving in these areas, the data show that far too many drivers ignore the risks of putting pedestrians in harm’s way. Common Causes of Pedestrian Accidents in Florida Pedestrian accidents can result from a wide range of factors. Most of these factors are driver-related. While pedestrians need to take care to protect themselves as much as possible, in many cases, there is simply nothing pedestrians can do to avoid being hit. In addition to brake failures, crossing signal malfunctions and road-related issues, other common causes of pedestrian accidents in Florida include: In-car distractions such as navigating and talking to passengers Cell phone distractions such as sending text messages, reading emails and scrolling social media External distractions such as signs, accidents and other drivers Careless driving (i. e. turning without looking or failing to notice a stop sign) Reckless and aggressive driving behaviors (i. e. speeding, running stop signs, and attempting to “beat” yellow lights) Alcohol and drug impairment (including impairment caused by prescription medications, over-the-counter medications, marijuana and other illegal drugs) Understanding the Relationship Between Traffic Violations and Pedestrian Injury Claims Many pedestrian accident cases involve traffic violations. Failing to stop at crosswalks, texting behind the wheel, speeding, running red lights and stop signs, and driving while impaired are all against the law. But, even if the driver who hit you or your loved one received a ticket, this does not automatically mean that you will receive just compensation. While your lawyer may be able to use the driver’s ticket to help prove that the driver was at fault, filing a pedestrian accident claim is an entirely separate process from the driver’s traffic court case. Your lawyer will need to file a claim with the driver’s insurance company (or another appropriate party), and your lawyer will need to use the available evidence to prove that you are entitled to coverage. Insurance companies routinely dispute pedestrian accident claims even when the driver received a ticket; and, while most successful claims settle, going to court will sometimes be necessary. At Searcy Denney, our pedestrian accident attorneys have experience recovering just compensation for individuals and families through settlement negotiations and in court. If you have a claim, we will work quickly to collect all of the available evidence, and... --- Our Lawyers Help Individuals and Families Recover After Pool Accidents in Florida Florida has more than its fair share of swimming pools, and this unfortunately means that it sees more than its fair share of pool accidents as well. If you or your child has been injured in a swimming pool accident, or if you have tragically lost a loved one to drowning, you are not alone, and you have clear legal rights. To discuss your legal rights in confidence, schedule a free, no-obligation consultation with a Florida swimming pool accident attorney at Searcy Denney today. When Can You Seek Financial Compensation After a Florida Swimming Pool Accident in Florida? Many different types of issues can lead to serious and fatal swimming pool accidents. At Searcy Denney, we represent Florida residents, visitors and families in cases involving all causes of swimming-related injuries and fatalities, which is a common type of premises liability case. Some of the most-common types of cases we handle include those involving: Broken glass and other dangerous debris in or around the pool Dangerous filters and drains Drowning and near-drowning accidents Electrocutions Improper water levels Inadequate maintenance or repairs Inadequate or missing signage Missing emergency contact information Missing emergency floatation devices Negligent lifeguarding or child care Slips and trips on unsafe pool surrounds and decking Unsafe pool water (either over-chlorination or overgrowth of bacteria) These issues, among others, can lead to dangerous situations for both children and adults; and, in most cases they can – and should – be avoided by the pool’s owner. If the pool’s owner is not liable for negligence, then the manufacturer or retailer of the product that caused the accident (i. e. a slippery tile or dangerous drain) could be liable under Florida’s law of product liability. What Should You Do After a Swimming Pool Accident? After a swimming pool accident, the most important thing to do is to seek prompt medical attention and ensure that you have a clear understanding of your doctor’s treatment recommendations. Do not wait to seek treatment, and do not ignore your doctor’s advice. Once you or your child is stable, then your next step should be to consult with a Florida personal injury lawyer as soon as possible. How Can a Florida Swimming Pool Accident Lawyer Help? When you contact us about your (or your child’s or other loved one’s) swimming pool accident, one of our lawyers will meet with you one-on-one to discuss your legal rights, and then we will conduct an investigation promptly. The purpose of this investigation will be to gather as much evidence as possible and determine who (or what company) is liable for your losses. Once we know who is to blame and we have the evidence to prove it, then we can use our experience to seek just compensation on your behalf. Discuss Your Legal Rights with a Florida Swimming Pool Accident Attorney for Free For more information about how our attorneys can help you recover after a swimming pool accident in Florida, please contact us to arrange a free, no-obligation consultation with an experienced swimming pool accident attorney. To discuss your case in confidence as soon as possible, call 800-780-8607 or tell us how we can reach you today. --- A Catastrophic Injury Can Change Your Life Forever. Our Lawyers Can Help You Recover. When you are involved in a serious accident, the physical toll on your body can be severe. Serious accidents can result in various types of traumatic injuries; and, while recovery will be possible in some cases, many victims will experience lifelong consequences. If your life has been forever altered as a result of someone else’s negligence or a product failure, you deserve to have your losses covered, and you should speak with a Florida catastrophic injury lawyer about your legal rights promptly. At Searcy Denney, we have recovered billions of dollars in financial compensation for catastrophic injury victims throughout Florida and nationwide. As a client of our firm, you will work directly with an experienced Florida catastrophic injury lawyer throughout your case, and your lawyer will make sure you have the information you need to make smart decisions every step of the way. Florida Catastrophic Injury Lawyer Team Representing Victims Who Have Suffered Severe, Life-Altering Injuries There is no single, precise definition of a “catastrophic injury. ” Rather, this term is used to encompass any and all injuries that result in physical impairment (temporary or permanent) and that have a direct and substantial impact on your day-to-day life. With this definition in mind, some of the most-common examples of catastrophic injuries resulting from vehicle collisions and other accidents include: Bone fractures Injuries resulting in full or partial paralysis Injuries resulting in permanent scarring or disfigurement Loss of limbs and digits Organ damage Severe burns Soft tissue (muscle, ligament and tendon) tears Spinal cord injuries (SCI) Traumatic brain injuries (TBI) For many accident victims, these types of injuries will require invasive surgery (and perhaps multiple surgical procedures), and the recovery process will be slow and difficult. Additionally, a full recovery may not be possible. Many individuals who suffer catastrophic injuries will live with chronic pain and physical limitations for the rest of their lives, and they will experience significant psychological effects as well. Understanding Paralysis Injury Claims One of the most traumatic injuries a person can experience after an accident is paralysis. There are three leading causes of paralysis. Understanding the cause of your paralysis is important to identifying both your treatment options and any potential grounds for financial recovery. Paralysis may result from: Spinal Cord Injury (SCI) – Damage to the spinal cord is the most common cause of paralysis. The location and severity of the damage to the spine will determine which parts of the body are affected and the available treatment options. Traumatic Brain Injury (TBI) – Traumatic brain injuries can lead to nerve damage that prevents the brain from sending signals to different parts of the body. Without these signals, the parts of the body that are affected are no longer able to function. Other Catastrophic Injury – Nerve damage in other parts of the body can also lead to paralysis. Severe lacerations, bone fractures and various other catastrophic injuries can cause the level of damage required for paralysis. Paralysis can affect different parts of the body depending on the location and severity of a person’s injury. We help accident victims and their loved ones seek just compensation for all forms of paralysis: Quadriplegia Quadriplegia (also known as tetraplegia) affects all four limbs. The most severe form of quadriplegia, pentaplegia, affects the entire body from the neck down. Paraplegia Paraplegia affects the lower half of the body, resulting in loss of muscle control and motor function in the hips and legs. Diplegia Diplegia affects corresponding body parts on the left and right sides.... --- We Help Victims Recover from the Traumatic and Lifelong Effects of Severe Burn Injuries If you have suffered severe burn injuries in an accident, you know how unbelievably painful these injuries can be. Even the slightest movements can be excruciating, and it can seem as though the pain will never go away. Recovering from severe burns is an ordeal that no one should ever be forced to endure, and the financial and non-financial costs of treatment, therapy and learning to cope with the long-term effects of your injuries can be substantial. In order to make sure you have the financial resources you will need for the future, it is important to have an experienced Florida burn injury lawyer on your side. At Searcy Denney, we represent individuals throughout Florida who have suffered severe burn injuries in all types of traumatic accidents. Our personal injury lawyers have recovered billions of dollars for our clients, and we can use our experience to help make sure you receive the compensation you deserve. Your initial consultation is free and you pay nothing unless we win, so contact us risk-free to get started on the road to financial recovery today. Are You Entitled to Financial Compensation for Your Burn Injuries? Burn injuries from many different causes can support claims for financial compensation. If you were injured as the result of any of the following, our Florida personal injury lawyers may be able to secure a significant financial recovery on your behalf: Car Accident Truck Accident Chemical Exposure Exposure to Hot Grease, Boiling Water, or Other Scalding Liquid Fire Explosion Fireworks Accident Uncontrolled Electrical Current Kitchen Appliance Malfunction Tool, Equipment or Machinery Malfunction Radiation Exposure (including Exposure During Cancer or Other Medical Treatment) How Do You Prove Liability for Burn Injuries After an Accident in Florida? After an accident, there are two primary ways your Florida burn injury lawyer can establish your right to financial compensation. These are (i) proof of negligence and (ii) proof of a product defect. Negligence involves making a mistake that falls below the standard of care we all owe to one another as Florida residents. For example, if you suffered your burn injuries in a car accident caused by a distracted driver, our attorneys can pursue a negligence-based claim under the distracted driver’s insurance policy. Product defect claims involve inherent issues with dangerous products, and they do not require proof of negligence. These are “strict liability” claims, which means that proving the product was defective is enough to prove your right to just compensation. Regardless of the factor (or factors) involved in your accident, it will be important for you to hire an attorney to begin working on your case as soon as possible. At Searcy Denney, we are available 24/7, and we can arrange for you to speak with one of our lawyers in confidence right away. Burns of All Severities Can Lead to Costly Treatment Needs and Other Losses Burns can vary greatly in terms of their severity. While the duration of exposure is generally an important factor in the severity of an accident victim’s burns, the source of the burn (i. e. , fire, steam, toxic chemical, light or radiation) is a key factor as well. In many cases, even short exposure can lead to severe and widespread burns. Regardless of the source and severity of an accident victim’s burns, the costs of treatment can be substantial. Burns can also lead to significant loss of income, pain and suffering, and other financial and non-financial losses as well. At Searcy Denney, we handle cases involving all types of burns... --- Every boat and vessel operator in Florida has a legal obligation to avoid operating in a careless or reckless manner. Under Florida law, reckless boating is illegal. If an accident is caused by reckless boating it is often up to the victim to prove that the operator was reckless and their negligence caused the accident. Our Florida boat accident lawyers have decades of experience helping accident victims hold reckless operators accountable. If you have been seriously injured or a loved one has been killed due to an accident caused by careless or negligent boating, our Florida reckless boating accident lawyer can make sure you receive the financial compensation you deserve. What is Reckless Boating According to Florida Law? Reckless or careless boating in the state of Florida is governed by Florida statute § 327. 33. Reckless boating is defined as “operating a vessel with willful disregard for the safety of persons or property. ” Reckless operation is punishable by a first-degree misdemeanor. While there are minimal requirements for boater licenses in Florida, operators are still responsible for knowing safe boating practices, the “rules of the road” and Federal Navigation Rules. Accidents Caused by Reckless Boating Whether the operator is boating under the influence or violating personal safety equipment regulations, reckless and careless operation of vessels is not only illegal, but also incredibly dangerous. Some of the most common accidents caused by reckless boating include: Colliding with another boat Speeding Boating in a restricted or prohibited area Violating federal navigation rules Overcrowding the boat or allowing passengers into restricted areas of the boat Boating under the influence Jumping wakes Colliding with another object Hitting large waves Failure to provide required safety equipment Operator error The consequences of reckless boating often go beyond a citation from the Florida Fish and Wildlife Conservation Commission (FWC). An accident caused by a reckless operator can have life-changing consequences. Searcy Denney Florida boat accident lawyer, Greg Barnhart, represented a teenager who was partially paralyzed during a high school homecoming party on a 34-foot fishing boat off of Peanut Island in Palm Beach County. Barnhart took this case to trial after two failed mediations, and a jury awarded a $6. 4 million verdict against the boat’s operators and owners for their negligence. Off-Throttle Personal Watercraft (PWC) Accidents A common cause of on-the-water accidents involving personal watercraft (PWCs) is a lack of experience with the way these vessels steer. To steer a jet ski, the throttle must be engaged. When a jet ski operator turns the handlebars, this turns the jet nozzle under the watercraft—and aiming the nozzle in one direction or the other causes the PWC to change course. Without the throttle, there is no water flowing through the nozzle, which means the PWC operator cannot turn in either direction. Many inexperienced PWC operators – including nearly all renters – are unaware that this is how jet skis work. In addition, many experienced PWC operators lack practice operating their jet skis in emergency scenarios. This, combined with the fact that many people operate jet skis much faster than they should, often leads to dangerous accidents when jet ski operators encounter other vessels on the water. In many cases, jet ski operators will crash into other vessels head-on. When this happens, it is often because the operator went off-throttle before attempting to steer. Operating a PWC without a clear understanding of how it steers is reckless; and when operators don’t know how to avoid accidents, they can – and should – be held accountable. Capsizing Accidents From speeding to hitting large waves, and from overcrowding boats to jumping... --- Although rideshare arrangements can help cut down on other types of accidents such as alcohol-related crashes by making arranging for alternative transportation easy and available when a driver becomes intoxicated and unable to drive, thousands of rideshare accidents occur each year. Distracted driving is a common factor that causes thousands of accidents a year in Florida including those accidents involving rideshare arrangements. Distracted driving is any behavior that while driving that takes a driver’s hands off of the wheel, eyes off of the road, or mind off of driving. According to the Florida Highway Safety and Motor Vehicles (FLHSMV), in 2021 there were 56,736 accidents involving distracted driving, which led to 2,729 serious injuries and 346 fatalities. Furthermore, according to overall crash data collected by FLHSMV, in 2022 alone there were 388,961 crashes statewide, with 247,745 reported injuries and 3,428 reported traffic fatalities from all crashes reported. In an article by Forbes, they reported that data from the National Highway Traffic and Safety Administration was analyzed by economists to look at statistics before and after rideshare companies became popular. According to the article, economists who examined the data found that fatal accidents increased from 2% to 4% annually after the big rideshare boom. Uber, Lyft and other ridesharing platforms are continuing to grow in popularity throughout the country, and each day tens of thousands of drivers give rides to passengers across Florida. Unfortunately, this growth in popularity has led to an increased number of rideshare accidents. For rideshare passengers and occupants of other vehicles, the costs of being injured in an accident can be substantial, and recovering financial compensation requires the representation of an experienced Florida rideshare accident lawyer. The car accident team at Searcy Denney represents individuals and families throughout Florida in insurance claims and lawsuits involving Uber, Lyft and other rideshare accidents. In 2017, Florida enacted a law that establishes enhanced insurance requirements for rideshare drivers, and that requires companies like Uber and Lyft to carry insurance covering rideshare accidents. This law provides important protections for accident victims and their families, and our firm has had significant success helping clients recover financial compensation both in and out of court. If you've been hurt, speak with a Florida rideshare accident attorney right away. What Type of Distractions Do Rideshare Drivers Commonly Face? A rideshare driver has to deal with various distractions that regular drivers do not encounter. Unique distractions faced by rideshare drivers increase the likelihood of accidents during rideshare transactions. Multiple elements can lead to drivers facing distractions, such as: Their heavy dependence on navigation devices and tech platforms to guide passengers to their destinations. They spend more time driving compared to regular motorists, which elevates their risk of being involved in an accident. Their driving experience may be less than that of other road users. Passengers being transported create distractions for drivers. Do You Need a Florida Rideshare Accident Attorney to File an Accident Claim? With rideshare accidents occurring more frequently as the use of rideshare arrangements increases, naturally, litigation involving rideshare arrangements is also following suit. For example, a recent Florida rideshare accident lawsuit was filed against a rideshare company alleging that the company’s technology used by drivers was unreasonably dangerous. Allegedly, the company failed to keep its mobile app safe, which may have caused one of its drivers to hit a pedestrian because the driver was distracted by the app. The pedestrian suffered severe injuries as a result of the accident, including but not limited to a fractured skull. The court in this case determined that the mobile app was, in fact, a product and... --- Your Florida Railroad Disasters Law Firm Railroad companies have an obligation to keep passengers and the public safe from harm. When they fulfill their responsibilities, railroad accidents are rare. When they breach their duty to keep people safe, however, the consequences can be dire. In the last few years, because of the economic downturn, corporate budgets were slashed and many railroad companies searched for ways to improve their bottom line. Unfortunately, when this happens, safety can suffer. Because of downsizing, employees may be spread too thin, and company cutbacks on safety measures put passengers at risk of serious injury or death. Railroad accidents have been on the decline in the United States since 1972, when the number of collisions between trains and motor vehicles had surged to about 12,000 annually. In 2010, there were 11,434 railroad-related accidents that resulted in 7,730 injuries and 937 deaths. While total accidents and injuries continued a several-year decline, fatalities increased by more than 100 over 2017 and 2018. Railroad accident deaths in Florida have increased dramatically since Brightline began operating between Miami and West Palm Beach. There were two fatalities attributed to Brightline in 2017, eight in 2018, then nearly one a month in 2019. Despite this decline, when a railroad disaster does happen, a large number of passengers can be killed or injured. If you or a family member is one of them, you will need an experienced Florida railroad disaster law firm to gather the evidence, cut through the red tape, and help you seek recovery for your losses. Railroad Disaster Attorneys with Experience You Need In their more than 45 years of practice, the railroad disaster attorneys at Searcy Denney have experience pursuing justice in catastrophic railroad accidents. In one case involving a husband and father killed in a railroad accident, our legal team proved that the railroad company blatantly disregarded passenger safety. With the help of our Florida personal injury law firm, the man’s widow sued the railroad company and was awarded $56 million in damages for her and her children’s loss. She received Florida’s largest ever punitive damage award for a case involving a single death. Because each case is unique, our personal injury lawyers give each client their undivided attention. We understand that time is of the essence, and we will begin immediately to investigate the cause of your railroad accident. We know that while financial compensation cannot undo the damage caused by a railroad disaster, it can help pay for medical expenses, lost wages and pain and suffering. So, once we have prepared your case, if it is not resolved through settlement, we do not hesitate to take it to trial and serve as your voice in the courtroom. Florida Railroad Disaster Lawyers Available for Free Consultation If you or a family member should be involved in a railroad accident, our personal injury lawyers stand ready to discuss your potential claim. Please complete our Contact Form or call us at 1-800-780-8607 for a free, confidential consultation. --- Car Crash Property Loss in Florida: Know Your Rights Many car accident victims, especially those who suffered significant injuries, are dealing with a lot of fallout from the wreck. Auto accidents can be very traumatic and one of the last things you want to worry about is what to do about repairing or replacing your damaged or, in some cases, totaled vehicle. In other cases, car accident victims may have escaped serious injury, but are fighting the insurance companies to fairly compensate them for all the damage to their property. This can include not only the repairs of the vehicle and repair or replacement of other personal property damaged in the wreck, but also the loss of the value of their vehicle now that it has been in an accident. The Florida auto property lawyers at Searcy Denney are experienced car accident attorneys and can help you hold the insurance companies and others responsible for compensating you for the total amount of your property damage. While every case is different, the following provides an overview of how insurance companies in Florida treat property loss, how value is determined, and how you can work to get the insurance companies to give you what your property is really worth. Who is Responsible to Pay for the Damage to Your Property After a Florida Car Crash? Under Florida’s no-fault auto insurance law, every registered motor vehicle must carry at least $10,000 of property damage liability (PDL) insurance coverage. The purpose of this coverage is to cover the cost of repairing or replacing any property that was damaged in the accident, as well as other costs related to the accident. In most cases, your own insurance carrier will pay for auto and property repairs and replacement up to the $10,000 amount — more if you carry additional optional coverage — after you pay the deductible that is set forth in your insurance policy. If the accident was not your fault, however, you may be entitled to reimbursement for your deductible and the damages that exceed the $10,000 mandatory no-fault amount. It is important to understand that the term “no-fault” in Florida insurance law does not mean you cannot hold someone else responsible for your property damages. It merely means that you do not have to prove fault to recover from your own insurance company. You can still hold the at-fault party’s insurance company liable if your property damages exceed the $10,000 amount, along with other damages if you are pursuing a personal injury case against the at-fault driver at the same time. You may also be able to hold a third party liable for your damages. Other drivers involved in the accident could also be at fault, as well as anyone who might have caused a dangerous situation that contributed to the crash. In addition, faulty vehicle parts could have contributed to the accident, making their manufacturers, distributors, and installers potentially liable. How Much Can You Get for Your Damaged Car and Other Property? How much you can recover for the damage to your car after a Florida accident depends on how much damage there was to your vehicle, the extent of your insurance coverage, and who can be held liable for excessive damage. Typically, you would claim damages for any of the following that apply to your situation: Repairing your car. If the insurance company determines it is repairable, you can recover the cost to repair your vehicle, including the right to choose where it will be repaired and the type and quality of parts that will be used Totaling your car. If... --- How Much are You Entitled to Recover for Your Losses? Searcy Law Explains Damages and Settlements for Personal Injury Claims When seeking financial compensation after an accident, it is important to seek compensation for all of your accident-related losses. You only get one chance to assert your legal rights in a personal injury lawsuit; and, if you leave money on the table, you could be forced to live with the consequences for months, years or perhaps even the rest of your life. Here is an overview of the types of damages you may be able to recover with the help of an injury lawyer in Florida: Financial (or Economic) Damages Medical Expenses Medical expenses include all current and future costs of diagnosis, testing, treatment, surgical procedures, rehabilitation and therapy for the injuries you sustained in the accident. Non-Medical Expenses In addition to medical expenses, accident victims in Florida are entitled to recover their non-medical expenses as well. This includes everything from gas and ridesharing costs to the cost of hiring someone to perform household chores you are unable to perform on your own. Loss of Income and Benefits Lost income and benefits include all forms of compensation that you would have earned had you not been injured. Wages, salary, tips, commissions, retirement contributions, vacation days and other benefits are all eligible for recovery. Loss of Earning Capacity If you will be unable to work in the future, you are also entitled to compensation for your lost future earning capacity. The same is true if you will be forced to pursue an alternate, lower-paying job as a result of a disability caused by your injuries. Property Damage Recoverable property damage in Florida includes damage to your vehicle (in the case of an auto accident) as well as damage to clothing, electronics and other personal items. Non-Financial (or Non-Economic) Damages Emotional Trauma In addition to treatment costs, accident victims can also recover compensation for the non-financial effects of their emotional trauma. Pain and Suffering Pain and suffering damages provide compensation to an injured party in accident cases beyond the easily identified economic damages. Pain and suffering includes short-term and long-term physical suffering as the injured party recovers. It also includes mental and emotional anguish, which can be immediate or long-lasting. Some examples of pain and suffering are anxiety and fear related to the trauma the victim experienced or grief over not being able to perform tasks and duties in the same way as before the accident. Reduced strength and stamina and a loss of independence in activities of daily living also contribute to pain and suffering. Scarring, Disfigurement and Physical Impairment Accident victims who experience permanent scarring and disfigurement can recover compensation for the physical and societal effects of the alteration of their appearance and their physical impairment. Loss of Companionship, Consortium, Services and Support Loss of consortium and companionship is another remedy available to the families of accident victims. The hurt individuals are not the only ones impacted in the aftermath of an accident. As the victim recovers from their injuries, their family also suffers. During the recovery period or in the case of death, the injured party’s spouse and children can experience additional losses such as: loss of companionship and affection, loss of support in caring for household responsibilities and duties, loss of parenting time and support, and loss of love and intimacy between spouses. While these are difficult damages to quantify, loss of consortium damages will not be forgotten by our lawyers when pursuing remedies for an accident. Loss of Enjoyment of Life Accident victims are also entitled to... --- Discuss Your Options with Our Attorneys While a fender bender might not be the most serious type of car accident, dealing with the insurance companies is still a challenge, and your out-of-pocket costs could still be substantial if you were injured in the collision. To make sure you receive full coverage for your losses, you should speak with a Florida car accident lawyer before you settle your claim. In fact, if it’s not too late, you should hire a lawyer to handle the entire insurance claims process for you. Yes, even if you have only been involved in a fender bender, we still recommend that you speak with a personal injury attorney. This is because: The insurance companies put their interests first. Even after a simple fender bender, your insurance company is still going to try to limit how much it pays you. You might be entitled to more than you think. Speaking with a lawyer ensures you are considering all options available to you to recover compensation. Mistakes can be costly. If you make mistakes while trying to handle your insurance claim on your own, you could end up paying costs your insurance company was supposed to cover. What Do You Need to Know if You Have Been Injured in a Minor Car Accident? 1. Your PIP Policy is Your First Source of Financial Recovery. In Florida, your own personal injury protection (PIP) policy is almost always your first source of financial recovery after an accident. If your lost wages and medical bills are less than $10,000, then you may be able to resolve your entire claim through your own insurer. 2. PIP Might Not Be Enough to Cover Your Losses. But, if your financial losses are more than $10,000, then your PIP policy might not be enough. Your medical expenses will almost certainly be more than this if you have suffered any type of serious injury. 3. You May Be Entitled to Additional Compensation from the At-Fault Driver. If the other driver who was involved in the accident was at fault in the collision, then you may be able to file a fault-based claim with the other driver’s insurance company in order to recover additional compensation. 4. Getting Your Car Back and Getting Back to Work Should Not Be Your Only Priorities. Getting your car back and getting back to work are important, but they should not be your only priorities. If you were seriously injured, you need to focus on your recovery, and you need to make sure you receive full compensation. 5. With Searcy Denney, You Don’t Pay Unless We Recover Money for You. At Searcy Denney, your initial consultation is free, and you don’t pay anything unless we recover money for you. Thus, a simple meeting could explain all you need to know about your accident claim. Contact us now to make sure you receive the full financial compensation you deserve. Speak with a Florida Fender Bender Accident Lawyer Today To speak with an auto accident lawyer at Searcy Denney about your fender bender, please call 888-549-7011 or contact us online. We are available 24/7. --- Fatality risks are a serious concern for all who use Florida’s extensive roadways, and the statistics certainly support this anxiety. According to reports conducted by the Florida Department of Highway Safety and Motor Vehicles, in 2024 3,069 people were killed statewide in motor vehicle crashes. If your loved one has been killed in a car accident due to the fault of another, you may have a claim arising under Florida’s Wrongful Death Act, which gives qualified family members of the deceased a right of action for damages based on the losses suffered as a direct result of the individual’s death. As a result, it’s imperative that you contact the Florida car accident attorneys at Searcy Law as soon as you think you are emotionally ready. Litigation in fatal car crash accidents, or any wrongful death claim, can be difficult for a number of reasons. Not only are there unique evidentiary and procedural challenges (due to the fact that the car crash victim is deceased), but you — the wrongful death plaintiff — may also be struggling emotionally and financially in the wake of the death of your loved one. Here at Searcy Denney, we are committed to providing client-oriented, compassionate legal representation. Contact us to learn more about how our Florida car accident attorneys can help. OUR FLORIDA CAR ACCIDENT ATTORNEYS EXPLAIN THE SCENARIOS THAT HEIGHTEN THE RISK OF FATALLITIES Unfortunately, Florida is home to three out of the five deadliest stretches of highway. From Tampa to Daytona Beach there are 1. 250 deaths per mile on 1-4 On the portion of US-192 between Four Corners, FL and Indialantic, FL there are 0. 867 deaths per mile The deadliest city on I-95 is Jacksonville, FL. Nearly all car accidents are dangerous, but some expose parties to a heightened risk of fatality due to the fundamental dynamics of the collision. Particularly risky car accident scenarios include, but are not necessarily limited to: Side-impact Collisions Side-impact collisions often lead to severe injury or even death, as the absorptive material is simply not as thick and effective on the sides of the vehicle. As a result, the force of impact is not distributed across the material enough to minimize the damage. Passengers may be exposed to force of impact directly. Head-on Collisions Though head-on collisions protect drivers and passengers in the sense that the front of their vehicles are designed to crumple upon impact, absorbing dangerous impact forces, they are generally exposed to a heightened risk of injury and death by virtue of the two vehicles speeds contributing additively to the accident. Truck Involvement Any vehicle with a greater mass — such as a truck — will lead to a heightened risk of injury or death in the event of a collision, as the force of impact will be that much more substantial. Defective Brakes, Steering, Etc. Motor vehicle defects can lead to fatalities, not simply because they put the driver in a challenging, risky situation, but because the defect may not be known to the driver — the “breakdown” in function may therefore come as a surprise, giving the driver minimal time to take in all the information and respond properly. CONTACT THE FLORIDA WRONGFUL DEATH ATTORNEYS AT SEARCY DENNEY FOR IMMEDIATE LEGAL ASSISTANCE At Searcy Denney, our team of Florida wrongful death and car accident attorneys have represented thousands of plaintiffs over the years, helping them secure billions in compensation. Our consistent and high level of success is owed in large part to our aggressive approach to litigation. Unlike many of our competitors, we have a long history of taking cases... --- It is not uncommon for people to be exposed to criminal activity linked to a particular business property. Customers might be mugged and stabbed, for example, after leaving a store with the purchase of a “big ticket” item. Workers leaving their office late might find themselves in a situation where they are the target of sexual harassment from third-parties skulking around the parking lot. Florida law accounts for these situations, and specifically, the liability of the business owner who is responsible for the safety of premises entrants — though the third-party criminal may be the most blameworthy party, it is reasonable to argue that the business owner (who failed to maintain adequate security measures) contributed in their own way, too. If you find yourself in a similar situation, having been harmed by a third-party on or adjacent to a business that you work at (or patronize), you may be entitled to compensation under Florida premises liability law. Contact a Florida negligent security lawyer to discuss your legal rights and options. Factors Contributing to Security Problems A wide range of negligence-related factors can enhance the risk of third-party criminal activity or otherwise lead to an inadequate response to such activity, including: Failure to ensure that security guards are properly trained Failure to hire enough security guards to protect premises entrants Inadequate lighting Lack of technical security infrastructure (i. e. , alarm systems, video surveillance, emergency call systems, etc. ) Business owners have a responsibility to exercise reasonable efforts to maintain a safe premises — this duty is broad and is not necessarily tied to a specific task (such as the installation of video surveillance tech) but is instead linked to the creation of an overall safe premises through reasonable means. Proving a Florida Negligent Security Claim Proving a negligent security claim can be something of a challenge, as there are several points of contention. To successfully establish liability, you will have to show: That the third-party criminal act was reasonably foreseeable under the circumstances, and That the owner’s failure to provide adequate security contributed to the third-party criminal act. Whether the third-party criminal act was reasonably foreseeable will, in large part, depend on your ability to show that there were prior, similar criminal acts in the area of which the owner should have been aware. This may seem complicated, but you have nothing to fear. Our Florida premises liability law firm has decades of experience uncovering the evidence you need for a successful claim. Security Guards and Employment-Related Liability It is worth noting that — even if you are unsuccessful in proving that the defendant business owner is liable for the negligent provision of security — you may have an actionable claim based on the employment relationship connecting a security guard and the business owner who is employing them. How does this work? Ultimately, these claims can follow two paths, though both require that the employee (in this context, a security guard) acted within the course and scope of their employment: 1) vicarious liability, which imposes liability automatically on an employer for the negligent acts of their employees, and 2) independent negligence. Our skilled attorneys will explain which path your situation will follow based on the facts of your case. Contact Our Florida Negligent Security Attorney for Comprehensive Legal Assistance Our attorneys have extensive experience working with premises liability plaintiffs and other personal injury plaintiffs, having successfully represents clients in thousands of lawsuits since our founding. Over the years, our thorough, client-oriented approach has enabled us to secure over $4. 2 billion in compensation through negotiated settlements and trial litigation. These... --- Our Team Can Help You If you have been injured in a hit-and-run car accident in which the defendant fled the scene, you could be entitled to significant compensation under Florida law. Litigating a hit-and-run accident can be somewhat daunting for the first-time plaintiff who may not be aware of the various challenges and opportunities typically associated with such disputes. In the interest of simplifying what may initially seem to be a mess of confusing legalese, your Florida hit and run accident attorney will explore below some basic issues relevant to most plaintiffs involved in a hit-and-run car accident. Three Ways to Secure Financial Compensation with a Florida Hit and Run Accident Lawyer 1. Identifying the Hit and Run Driver Even if the driver who hit you fled the scene of the accident, it still may be possible to identify him or her through various different means. If you can identify the driver, then you can pursue a claim against his or her insurance company just as you would after an ordinary accident. If you are able to recollect any information about the vehicle that hit you – make, model, color or license plate – this could help in identifying the driver who is liable for your injuries. If not, that’s okay. Our legal team can seek to obtain witness statements, camera footage, police reports and any other available information that we can use to pursue a claim for compensation. 2. Collecting Under Your Own Insurance Policy If it is not possible to identify the hit and run driver, then you may be able to collect compensation under your own auto insurance policy. For insurance purposes, hit and run accident cases are treated similarly to uninsured motorist claims. This means that you may be entitled to payment under your: Uninsured motorist (UM) coverage Personal injury protection (PIP) coverage Under Florida law, auto insurance companies are legally required to offer “stacking” of certain types of coverage. This means that, if you have UM coverage for multiple vehicles and your policy includes stacking, you may be able to combine the policy limits for each of your vehicles in order to enhance the coverage for your hit and run accident claim. 3. Pursuing a Third-Party Claim for Liability A third option for seeking financial compensation after a hit and run accident is to pursue a claim against a third party that was partially responsible for your accident. Common third-party claims in hit and run accident cases include: Claims against other drivers involved in the accident Claims against repair shops and vehicle manufacturers Claims against highway authorities, contractors and construction companies Unique Issues in Hit-and-Run Accident Scenarios Correctly Identifying the Responsible Party One of the main points of concern that you may encounter is the problem of identifying the responsible party. If the defendant-driver fled the scene, then it’s possible that neither you (nor your passengers) had the opportunity to note their license plate number, vehicle model and color, or other identifying information. Without the identity of the defendant in-hand, you will not be able — practically speaking — to bring an action against them for damages. Fortunately, you have options. Experienced Florida hit and run accident attorneys work with investigators to secure clues that can help reveal the defendant’s identity, from video footage of the accident to eyewitness testimony. After a comprehensive investigation, it is possible to track down and locate the defendant and make them the target of litigation. Fault Not Necessarily Intertwined It’s worth noting that even if a defendant-driver flees the scene of the accident, it is not necessarily true... ---         Bicycles Are No Match for Cars, Big Trucks on the Road Bicycling is a favorite form of exercise and family fun for all ages. About a third of bicyclists say that they ride for recreation and another 28% ride for exercise or health reasons. For many Americans, however, bicycles are an everyday mode of transportation to and from work or school. The Pedestrian & Bicycle Information Center estimates that there are about nine million bike trips every day in the United States. In our more than 45 years’ experience, our Florida bicycle accident lawyers have successfully represented numerous victims and families that have been involved in bicycle-related accidents. Bicycling can cause devastating – even fatal – injuries to riders, car occupants, and pedestrians. This should not be a surprise: In many parts of the country, bicycles must compete with automobiles and large trucks, often in congested traffic on roads where there are no designated bike paths. The National Highway Traffic Safety Administration reports that there were 1,105 bicyclist fatalities in 2022, accounting for 2. 6 of all traffic fatalities. (Note: Beginning in 2022, the NHTSA has included motorized bicycles with non-motorized bicycles (pedalcyclists) when counting motor vehicle crashes. ) The 2022 bicyclist fatality total was a 13 percent increase over 2021, when 976 cyclists were killed, continuing an increase that began in 2019. An estimated 46,195 bicyclists were injured in 2022, an 11 percent increase over 2021, accounting for 1. 9 percent of all people injured in traffic crashes. The U. S. Centers for Disease Control and Prevention (CDC) reports that the costs of bicycle injuries and deaths each year from crashes in the United States exceed $23 billion. Here are some additional 2022 facts, the latest statistics available from the NHTSA, to consider when you or family members head out for a bike ride: An estimated 20% of fatal bicycle crashes involved a cyclist with a blood alcohol concentration of at least . 08 or higher, the level beyond which it is illegal to drive in every state. An estimated 16% of fatal pedal-cyclist traffic crashes had a driver involved with a BAC of . 08 or higher. Men made up 86% of bicycle crash fatalities and 82% of bicycle crash injury victims. 83% of bicyclist fatalities occurred in urban areas; 29% of fatalities were incurred at intersections; and 51% in the dark. The average age of bicyclists killed in crashes with motor vehicles in 2022 was 48 years; the largest numbers of bicycle fatalities were in the 55 to 64 age range. DECADES OF EXPERIENCE HELPING FLORIDA BICYCLE ACCIDENT VICTIMS Here at Searcy Denney, we understand that a “winning” case is not always a win in the holistic sense. Whether you — the injured plaintiff — are satisfied is rather dependent on the circumstances. If you succeed in proving that the defendant is liable for your bicycle-related injuries, but the court awards you minimal damages (due to perceived issues with your damages claim), then you may reasonably view that end-result as something of a disappointment. We are therefore quite adamant about securing maximum compensation for our clients. It is not enough for us to simply “win” a case. In doing so, we pursue litigation with a comprehensive and aggressive approach intended to obtain the highest possible damages on your behalf. Our reputation is well known for being willing and very able to pursue a case all the way through to trial — as such, the opposing counsel must take early settlement negotiations seriously lest they allow us to proceed with trial litigation. Our reputation... --- Helping Injured Motorcyclists Obtain Compensation Florida is the Sunshine State, and sunshine is a magnet for motorcyclists. Our weather may be perfect for riding, but we hope that motorcyclists will exercise great caution. Despite the fact that motorcycles are a year-round feature on Florida roads, motorcycle accidents are quite common. Motorcyclists are exposed to significant dangers when they ride, and — unfortunately — too many drivers do not understand how to operate their vehicle safely around motorcycles. In some cases, a car or truck driver may simply be unaware of the presence of two-wheelers on the road, as they’re not paying enough attention. Given the risks involved (and the heightened possibility of severe, potentially catastrophic injuries in the event of an accident), it’s important that injured motorcyclists obtain comprehensive representation that can secure adequate compensation. We encourage you to contact Searcy Denney today for assistance — an experienced Florida motorcycle accident attorney at our firm will evaluate your claims and help you understand the steps necessary for obtaining damages. MOTORCYCLE CRASH VICTIMS CAN TURN TO OUR FLORIDA PERSONAL INJURY LAW FIRM FOR JUSTICE The injury lawyers at Searcy Denney are no strangers to motorcycle accident cases. In one recent experience, a South Florida husband and wife were riding their Harley Davidson along an oceanfront road when a restaurant delivery truck driver turned directly in front of them. There was no time for the couple to stop or avoid a collision. The husband was pronounced dead that evening at a local hospital, where his wife was treated for injuries that included large lacerations and fractured bones in both legs. She had surgery and began what was to be long-term physical therapy. The wife retained Searcy Denney personal injury John Shipley, who negotiated a confidential settlement with the restaurant’s insurance company. FLORIDA MOTORCYCLE LAWS EXPLAINED BY OUR FLORIDA MOTORCYCLE ACCIDENT ATTORNEYS FLORIDA HELMET LAW The Insurance Institute for Highway Safety (IIHS) reports that in 2022, a record number of 6,218 people died in motorcycle accidents in the United States. Of those killed, 35% of motorcycle riders and 54% of passengers were not wearing helmets. The issue of helmet laws has become critical to improving motorcycle safety, and the U. S. Department of Transportation has stepped up its efforts to encourage use of helmets that meet federal safety requirements. NHTSA studies indicate that Department of Transportation approved helmets are about 37% effective in preventing deaths and about 67% effective in preventing brain injuries among motorcyclists involved in accidents. As of March 2025, 17 states and the District of Columbia require that all motorcyclists must wear helmets, and three states – New Hampshire, Illinois and Iowa – have no motorcyclist helmet requirements at all. In states that have universal helmet laws, an estimated 91% of motorcyclists were wearing helmets. In states that do not have helmet laws, only 24% of motorcyclists in accidents were wearing helmets. Florida law requires motorcycle drivers and riders to wear federally approved helmets unless they are over 21 years old and are covered by a minimum of $10,000 in medical insurance for motorcycle injuries. Florida also requires motorcyclists to have their headlights on at all times while riding, even during the day. FLORIDA LANE SPLITTING LAW Lane splitting involves operating a motorcycle along the divider between two lanes for an extended period of time, with no intention to transition between lanes. In other words, lane splitting involves moving between two adjacent lanes of traffic. Motorcyclists across the country often lane split during traffic jams to avoid getting stuck behind other vehicles (and to utilize one of the natural “advantages”... --- --- ## Offices Talk to a Tallahassee Motorcycle Accident Lawyer Today While the weather brings bikers to Florida all year round, the beautiful rolling hills of the Tallahassee region add an appeal for motorcycle riding that is unmatched in the rest of the state. Winding roads, live oak canopies, and beautiful beaches—our area is perfect for a ride. That is, unless you encounter someone whose irresponsible behavior causes a motorcycle accident. When you’re riding on a motorcycle, you don’t have the same protections as people riding in enclosed vehicles like cars and trucks, so injuries in motorcycle accidents are often much more severe than in other types of accidents. Unfortunately, these injuries can lead to permanent disabilities. A Tallahassee motorcycle accident lawyer at Searcy Denney can’t restore your lost health or erase your pain, but our team can work effectively to ensure that you receive the maximum compensation from those responsible for your injuries. We fight for justice and resources to meet your needs now and in the future. We understand the factors that make motorcycle accidents unique and know how to ensure that you receive damages to account for all the different ways the accident will impact your life. It’s not fair that someone else acted negligently, and you’re the one suffering as a result. Our team will work to ensure that you get the help you deserve at this difficult time. Types of Motorcycle Accidents Common in Tallahassee In 2024, there were 9,442 motorcycle accidents reported in Florida, with 582 deaths. Florida has consistently had the highest rate of motorcycle accidents and fatalities in the country. Average yearly trends show those numbers on the rise in Leon County, according to the Florida Department of Highway Safety and Motor Vehicles. Motorcycle accidents are caused by a number of different factors. While some factors are under the control of the rider, many more are not. No matter how many precautions riders take, they still often find themselves the victims of a serious motorcycle crash. While every accident is unique, it is helpful to consider some of the common general types of motorcycle accidents common in the Tallahassee area and the causes of these accidents. Rear-End Collisions While rear-end collisions between two cars often do not lead to serious injuries, the same is not true of rear-end collisions involving a motorcycle. When the driver of a heavy car or truck hits the back of a motorcycle, the force can easily knock the rider off and potentially throw the rider into oncoming traffic. When the collision knocks the rider to the ground, often the bike will slam down on top of them, producing additional injuries. Motorcycles are able to start and stop faster than many other vehicles, and when the drivers of those vehicles follow a motorcycle too closely, those drivers are often not able to stop in time to avoid colliding. In addition to not allowing a safe distance behind a motorcycle, another common reason for rear-end collisions is that the driver of the vehicle behind the motorcycle was not paying close attention because they were distracted by a cell phone, too tired to be driving safely, or impaired by alcohol or drugs. Front-End Collisions Although motorcycle riders are often capable of reacting and stopping faster than drivers of other vehicles, they can have difficulty seeing around certain vehicles and anticipating the need to slow down or stop. When a vehicle stops unexpectedly, the front end of the motorcycle traveling behind that vehicle can collide with the rear of the vehicle, causing serious injuries to the motorcyclist. These accidents sometimes occur when a motorcycle... --- Getting the Right Recovery for Burn Injuries Unfortunately, if there’s one thing we’ve learned in decades of helping accident victims, it’s that burn injuries often cause more pain and disfigurement than any other type of injury. Those who have not experienced the physical and mental anguish personally cannot fully imagine the horror you endure with a severe burn injury. Moreover, the damage to delicate tissue simply does not heal the way other injuries often do. Restorative surgery can only do so much. Accident victims with severe burns are left with permanent pain and damage to their appearance that haunts them for the rest of their lives. At Searcy Denney, we know that there is only so much a Tallahassee personal injury lawyer can do to help. We can’t turn back the clock and prevent the accident from happening. We can’t restore your health and appearance. But we can help you gain the resources you need to build the best possible life going forward. You deserve no less. Degrees of Severity for Burn Injuries Human skin is made up of multiple layers that protect bodily tissue from injury and infection. Mild burns damage the skin, but severe burns often destroy it completely, causing serious injuries to the tissue underneath. Doctors generally classify burns into degrees of severity: First-degree burns. Also known as superficial burns, first-degree burns are injuries that damage only the outer layer of skin, the epidermis. Skin damaged by a first-degree burn often turns red and painful, but in most cases, it will heal unless subjected to further damage. Second-degree burns. When someone suffers a second-degree burn, the damage extends far into the dermis, the middle layer of the skin. The dermis contains blood vessels, lymph nodes, sweat glands, and other critical features of the body, so damage can lead to more serious impacts. Nerve endings are also contained in this layer, so second-degree burns are extremely painful. A second-degree burn will often blister and can easily become infected, leading to complications. Third-degree burns. Sometimes referred to as a “full thickness burn,” third degree burns destroy all layers of the skin. For this reason, a third- degree burn may look black, white, brown, or yellow rather than red. These severe burns are often not initially painful because all nerve endings have been burned away. Because they leave tissue underneath exposed to germs, it can be difficult to keep a third-degree burn from becoming infected. Fourth-degree burns. When a burn reaches the fourth-degree level, it destroys not only skin but also muscles, tendons, other tissues and even bones. These types of burns are often life-threatening and cause the entire body to suffer. A personal injury lawyer knows that severe burn injuries often require accident victims to endure multiple rounds of extensive surgery with a lengthy and painful recovery period. The danger of infection requires a drastic change in lifestyle, and even when all precautions are taken, a burn victim can still suffer infections that cause further devastation to the body. Types of Burn Injuries Most people tend to think of burn injuries stemming from a fire or explosion. But there are different types of burns, and they can be caused in many different ways. Thermal burns are the “typical” burns that result when a source of heat raises skin temperature to dangerous levels, causing skin cells to die. Exposure to hot metal, boiling liquids, steam, and flame all cause thermal burns. At the opposite extreme, contact with objects that are very cold can lead to cold burns. Cold air can also cause burns, often referred to as frostbite. While less... --- We Fight for Maximum Compensation for Amputation Victims Losing an arm, leg, or any part of your hand or foot in an accident changes your life completely. While many amputation victims learn how to use prosthetic devices to get around and accomplish basic tasks, everything requires considerably more planning and effort. Complications often result in inconsiderable pain and illness that can affect the entire body. At Searcy Denney, we know that clients who have lost digits or limbs often feel extremely self-conscious about their appearance. The unease, coupled with the difficulty of functioning without vital parts of the body, can make it impossible for them to enjoy favorite activities that used to be a big part of their lives. It may be difficult if not impossible to work in the same capacity. Help from an experienced Tallahassee personal injury lawyer won’t bring about a miraculous solution to these challenges, but we can and do recover compensation to offset all of the effects of the loss of limbs and digits. This includes both economic losses such as the loss of income suffered due to reduced earning capacity as well as intangible losses such as your pain and mental anguish. We also work to find the right care and resources you need to move forward with your life. When an Amputation is the Result of Negligence or Wrongdoing It is not always possible to hold someone else at fault for the loss of a digit or limb. If all the fault rests with you or medical condition not attributable to anyone else’s actions, then a personal injury lawyer in Tallahassee may not be able to do anything to help. But when another person’s negligent or wrongful conduct contributed to the cause of your injuries, then we can work to hold them accountable for your losses. At its most basic, negligence involves doing or failing to do something that a reasonable person would have done to keep others safe. For instance, it is not safe to text while driving, so a driver that hits another car, bicycle, or pedestrian while their attention was focused on their phone would be considered negligent. When someone is liable because of negligence, they don’t intend to hurt others, but their irresponsible behavior leads to unintentional harm, and they can be held liable for that harm. Some examples include: The manufacturer of a defective kitchen tool that malfunctions and cuts off the thumb of a consumer who was using it as directed. A company that improperly loads a delivery truck so that the unbalanced load causes a truck accident that crushes the leg of a passenger in a nearby car A nursing home that fails to monitor the blood sugar of a diabetic resident so that their condition deteriorates and requires amputation of a limb. The management company of an apartment complex fails to keep working fire extinguishers so that a resident suffers burn injuries that require amputation of a hand. A Tallahassee personal injury lawyer knows that many times, the accidents that lead to the loss of a limb or digit could have been prevented if someone had only behaved responsibly. When that is the case, Searcy Denney works to hold the irresponsible person accountable for the permanent damage to your life. Ongoing Medical Care Can Be Extensive After the loss of a digit or limb in an accident, doctors generally need to remove damaged tissue, seal blood vessels, and insert a drain. The goal is to create a stump that will heal over to avoid infection and eventually support the use of a prosthetic limb, if... --- Maximum Compensation When Exposure to Toxic Chemicals Causes Injuries Businesses are relying on an increasingly complex array of chemicals to accomplish everything from cleaning to pest control to aroma marketing. Exposure to these chemicals can often lead to inhalation and exposure injuries that can cause permanent damage to the lungs and lead to conditions such as cancer. Sometimes, the exposure damage occurs slowly over time as toxic chemicals build up in the system. Other times, an accident can lead to sudden damage from a massive inhalation and exposure incident. In either type of situation, a Tallahassee personal injury lawyer can help you recover compensation for your injuries when someone’s irresponsible or unethical behavior causes inhalation or exposure injuries. At Searcy Denney, we have over 45 years of experience obtaining full compensation for pain, suffering, distress, and other losses caused when businesses get greedy or sloppy and cause harm to people who happen to be in the wrong place at the wrong time. We know how to work effectively to ensure that accident victims receive damages to account for all the ways the injuries affect their lives. Exposure Can Occur in Numerous Ways Dangerous chemicals come in a staggering array of formats, so they can attack the body in many different ways. A hazardous substance may be used in the form of a: Mist Dust Solid Vapor Spray Liquid Sometimes, these substances have a distinctive odor, but often, they are not easy to detect by sight or smell. If injuries are caused by a sudden exposure, referred to as acute, symptoms may be evident right away. When injuries result from repeated exposure to harmful substances over a period of time, known as chronic exposure, then it may be much more difficult to trace the symptoms to the exposure because the onset is much more gradual. At Searcy Denney, we often deal with situations where long-term exposure leads to serious illnesses or cancers that can be traced to toxic exposure. A Tallahassee personal injury lawyer experienced in dealing with inhalation and exposure injuries may be able to pinpoint the problem and identify those responsible for the exposure. Sometimes, a business is negligent in the use of a chemical they know or should know to exercise caution in using. Other times, the producer of a product fails to provide proper warnings, and they can be held responsible through a product liability claim. In still other situations, companies are negligent in disposing of toxic substances and members of the public come into contact with them. Symptoms of Injuries Caused by Inhalation and Exposure Toxic substances can affect all parts of the body, so it is not always obvious when a problem is caused by exposure. Some symptoms we have seen include: Cough Shortness of breath Chemical burns Chest pain Lightheadedness Headache Fatigue Unfortunately, in cases of acute exposure, the victim may collapse and experience convulsions, causing further harm to the body. But many times, symptoms of a condition like silicosis or leukemia are attributed to allergies or viruses and ignored until the condition becomes too severe to treat. If a doctor ignores your symptoms even after you have explained the dangerous exposure you have been subjected to, you could potentially have a claim for medical malpractice. Examples of Toxic Substances Known to Cause Injuries While the array of dangerous chemicals that injure the body if inhaled, touched, ingested or otherwise absorbed into your body is practically endless, here are some examples often seen by a Tallahassee personal injury lawyer: Benzene: Used to make plastics, benzene can damage bone marrow and interfere with your body’s... --- Get the Compensation You Deserve for Facial Trauma or Loss of Hearing or Eyesight Accidents involving cars, trucks, motorcycles, and other vehicles often cause victims to suffer severe injuries to the face and head. Damage to your ears, eyes, or face is not only painful and traumatic, but it also often leaves permanent scars and disabilities that make it impossible to enjoy life the way you did before. No amount of money can restore your sight, hearing, or erase the suffering and disfigurement, but when an experienced Tallahassee personal injury lawyer recovers maximum compensation for the losses you’ve suffered, you can at least gain a sense of justice. When your attorney is able to obtain damages to account for each and every consequence of your injuries, you can rebuild your life with the resources you need to move forward. At Searcy Denney, we know the anguish you are suffering, and we are ready to do everything in our power to help you obtain a just result with full and fair compensation for each and every consequence of your injuries. We have over 45 years of experience achieving the right results for clients who have suffered personal injuries because of the negligence, recklessness, or deliberate wrongdoing of others, and we know how to fight effectively to get the recovery you deserve for injuries to your ears, eyes, or other parts of your face. Damage Is Often Permanent You rely on your senses every moment of every day, even when you’re not aware of it. Even a small amount of damage to your eyesight or hearing can make it difficult to interact with others, drive safely, and accomplish other daily tasks. When your senses are not operating as you’re used to, your capacity to work will be diminished, and your ability to enjoy the things in life that gave you so much happiness before can decrease substantially. As attorneys with decades of experience with personal injury claims, we know that injuries to the ears, eyes, and face often never fully heal. Loss of hearing and eyesight is frequently permanent and may actually get worse over time instead of better. Damage to the bones, muscles, and other tissues of the face may heal to a degree, but even the slightest amount of scar tissue or misalignment in the face can make it difficult to talk, eat, and see as you did before. Even worse, the change in appearance can leave victims so traumatized that they withdraw from the world and become afraid to face others because they cannot stand to look in the mirror. Florida’s no-fault insurance scheme for car accidents can make it difficult to recover compensation in some cases, but when injuries are permanent, victims have more options for seeking recovery. Our legal team knows how to take advantage of the best opportunities to gain the maximum damage amounts to provide some measure of compensation for what you’ve lost when you suffer permanent injuries to the face. Fractures to the Face Are Not Always Obvious The bones in the human face are strong but they are often broken during the force of vehicle accidents or slip-and-fall accidents. These include: Mandible (lower jawbone) Nasal bones (around the nose) Zygoma (cheekbone) Orbital bone (eye socket) Frontal bone (around forehead) Maxillary bone (upper jaw) Unlike a break in an arm or leg, which is often quite obvious, a broken bone in the face may be hard to detect without a thorough medical exam that includes imaging. This is one reason it is so important to get a thorough medical exam as soon as possible... --- Of all the car accidents our team has investigated over the years, head-on collisions have been the most devastating. Victims often suffer catastrophic injuries or death. Life plans are permanently destroyed. In many cases, those involved are hurt so severely that they are unable to provide evidence relating to the accident or remember what happened. No matter how seriously someone has been injured in a head-on collision, however, it is still necessary for them to be able to prove the liability of the others involved or they will be unable to recover compensation to cover their multitude of losses. This is where the assistance of an experienced Tallahassee car accident lawyer at Searcy Denney Tallahassee can be so valuable. Our team understands the factors that make head-on collision cases so challenging and we know how to work effectively to recover full and fair compensation to offset the suffering and provide the right resources to meet future needs. Understanding Head-On Collisions While other types of car accidents may be more common in our area, head-on collisions are the most deadly for a number of reasons. In a head-on collision, two vehicles traveling toward each other strike forcefully front to front. Each vehicle takes the full impact—none of it is deflected. And that impact is increased substantially because the vehicles are moving toward one another. The speed of impact is combined. A head-on crash between two cars traveling at 40 miles an hour has the equivalent impact of a situation where one car hits a wall at 80 miles per hour. While another type of car accident might cause only minor injuries, when the vehicles collide head-on, the results are often disastrous even at moderate speeds. Moreover, if one of the vehicles is a truck or SUV, injuries are even more likely to be catastrophic. In a head-on collision, the driver and front-seat passenger experience the direct force of the impact, and the heavier the vehicle, the greater the impact. When a heavy truck collides with a car, those in the smaller, lighter vehicle will suffer a disproportionate share of the impact and are likely to be much more severely injured. Searcy Denney Fights for Full Recovery for Injuries in Head-On Collisions Many different types of injuries can result when the human body is exposed to the trauma of a head-on collision. These injuries are often much more severe than they would have been if the vehicles had collided in a way that deflected some of the force or enabled the structure of the vehicles to absorb more of the impact in the crumple zone. Head Injuries Head-on collisions often cause traumatic brain injuries and other types of damage to the head, face, and teeth. Traumatic brain injuries can take time to develop as swelling in the brain damages essential functions. Someone who appears to be relatively unharmed right after an accident can be suffering from life-threatening brain damage that only becomes apparent later. An experienced car accident lawyer knows that in many cases, traumatic brain injuries result in permanent loss of brain function, preventing victims from functioning as they did before the accident. They may be unable to concentrate, speak properly, think logically, or remember information. They often suffer headaches, behavioral changes, and loss of motor skills. Their quality of life deteriorates, and they are often unable to work or even manage the functions of daily life without assistance. Spinal Cord Injuries Damage to the spinal cord often leads to paralysis that may affect large parts of the body. This paralysis could potentially heal but is frequently permanent, even with prompt... --- Rear-end collisions are one of the common types of car accidents reported in the Tallahassee area, and people often underestimate the severity of these collisions. The adrenaline that rushes through your system after an accident can often mask symptoms of major injuries, including damage to internal organs, soft tissue injuries, and traumatic brain injuries; this is particularly true in rear-end collision cases. Many times, rear-end collisions aren’t as dramatic as other accidents, and those involved misjudge the strength of the impact they’ve endured. They may try to downplay symptoms, hoping they will go away. However, an experienced Tallahassee car accident lawyer knows that those involved in rear-end collisions often suffer injuries that can disrupt their lives for months or years, if not permanently. At Searcy Denney Tallahassee, we work to ensure that accident victims receive appropriate medical treatment and achieve their maximum recovery physically as well as financially after a rear-end collision. Determining Who Is at Fault for a Rear-End Collision Most people assume that the driver in the back is the one who is always held liable for a rear-end collision. But that is not always the case. Liability hinges on a wide variety of factors, and a skilled Tallahassee car accident lawyer will delve into numerous potential factors to determine who should be held responsible and demonstrate why an accident victim is entitled to recover compensation. Evidence Is Critical In every legal claim, it is necessary to present evidence along with persuasive arguments showing why that evidence proves that someone is liable for injuries and should be held accountable under the law. Evidence that can demonstrate liability includes: Photos of the accident scene showing skid marks Photos and descriptions of vehicle damage Police reports Footage from traffic cameras or security cameras near the scene of the accident Testimony from witnesses It is best to collect and preserve evidence as soon as possible after a rear-end collision. Witnesses can forget critical details as time passes, and the scene of the accident will change so markings may be hard to detect. Video footage might be recorded over when device storage is full. The team at Searcy Denney Tallahassee can work to secure evidence while it is fresh, so it is a good idea to consult a Tallahassee car accident lawyer as soon as possible after a rear-end collision. Liability for a Rear-End Collision is Usually Based on Negligence In a few instances, a driver will act deliberately to hit the car or truck in front of them, but most of the time, the contact is accidental. Just because it is an accident, however, does not mean someone is not to blame. Most accidents occur because someone is behaving negligently. They were either doing something they should not have done–such as texting behind the wheel or driving too fast—or they weren’t doing something they should have done, such as stopping for a red light. To hold somebody responsible for a car accident, you need to prove that they acted irresponsibly and that the irresponsible actions were what caused the accident and the resulting injuries. This can be difficult to prove definitively, which is why it is important to begin working on legal recovery early on after an accident. Examples of Negligent Conduct that Could Cause a Rear-End Collision The National Highway Traffic Safety Administration reports that the majority of rear-end collisions occur when the vehicle in front has stopped or is moving very slowly prior to the impact. In many instances, the driver in the rear is considered responsible for causing a rear-end collision because that driver should have allowed more... --- Our Tallahassee Auto Accident Lawyer Can Help You Recover As if being in an auto accident is not bad enough, what are you supposed to do when you find out the other driver is uninsured? While your first inclination may be to scream in frustration, do not lose hope. State laws are designed to assist accident victims in many situations, including collisions with uninsured motorists. Our Tallahassee auto accident lawyer could help you recover compensation to make up for the harmful effects of your accident. The Most Important Step After Any Auto Accident in Tallahassee As soon as possible after an auto accident, you and your passengers should have a thorough medical examination. You might feel fine, but the effects of adrenaline often mask symptoms of potentially serious injuries. Moreover, some injuries, such as secondary brain trauma, do not develop until some time after impact. A trained medical professional will know what to look for and how to treat conditions to keep them from causing unnecessary problems. Additionally, a prompt and thorough medical examination could provide valuable evidence for a Tallahassee auto accident lawyer to use in a lawsuit or settlement negotiations. An Auto Accident Lawyer in Tallahassee Could Help with the Next Critical Stages After a Crash with an Uninsured Driver After ensuring you and your passengers’ health and safety, your next actions after an accident with an uninsured driver require thoughtful preparation. For that reason, it can be beneficial to consult an experienced Tallahassee auto accident attorney for advice. You want to make sure you take action in time to meet all deadlines, but you also want to avoid inadvertently saying or doing something that could jeopardize your claim. Advice from an auto accident lawyer, who has been through the process many times before, could prevent you from making costly mistakes. Steps to Take To Help Ensure a Beneficial Recovery After an Uninsured Motorist Accident Once you have undergone a medical examination and considered how you would answer questions from insurance companies and investigators, it is a good idea to: Inform your insurance company about the accident Learn the details of your insurance coverage, including uninsured motorist provisions Make note of deadlines for submitting claims and evidence Collect and preserve evidence about the accident and resulting injuries Follow medical advice regarding treatment and restricted activities Your Tallahassee auto accident lawyer or an insurance company representative could assist you in filing a claim through the state’s no-fault insurance scheme. If the losses from the accident exceed that coverage or your company fails to provide adequate compensation, your legal advocate could explore additional options for recovery. For instance, even if the uninsured motorist lacks resources to cover damages, it may be possible to seek compensation from a third party that contributed to the cause of the accident. Consult a Tallahassee Auto Accident Lawyer Sometimes, one of the worst things about an auto accident is the uncertainty. You may be facing substantial bills at a time when you are missing work and losing income. Advice and assistance from a seasoned Tallahassee auto accident lawyer can help you through the process and allow you to feel confident that you are taking the best steps to protect yourself after an accident with an uninsured driver. Contact Searcy Denney today to learn more about how we can help. --- Many people think of broken bones as minor injuries that heal with no detrimental effects. While that may be true for some fractures, in many cases – particularly when broken bones stem from a motor vehicle accident or other traumatic event – the injuries often require extensive surgery, cause extensive pain, and lead to permanent disabilities. If you suffered broken bones in an incident that occurred because someone was acting irresponsibly or failed to take appropriate steps to protect you, then you could be entitled to compensation to offset your losses, including the pain and suffering you endure and the way it impacts your life. The compassionate and dedicated attorneys at Searcy Denney understand how difficult it can be to recover from broken bone injuries. We work to recover resources to meet your needs now and in the future and to help you gain damages to help make up for losses you have suffered. Types of Bone Fractures Bones are complex organisms with an intricate structure. They can be subject to fracture in different ways. While simple fractures may heal with basic medical care, other types of fractures require severe medical intervention with a long and painful recovery period. Still, others can never fully be repaired. Some of the more common types of bone fractures include: Stable or simple fractures: In this situation, the ends of the bone at the breakpoint are closely aligned, and the break is straight. Compound or open fractures: These injuries involve an open wound, usually caused when the broken bone pierces the skin or when an impact breaks the skin at the same time as the bone. Often but not always, the bone is visible in the wound in an open fracture. Transverse fractures: These fractures have a horizontal fracture line so they can be much more extensive than a simple fracture. Oblique fractures: These injuries involve fractures that occur with an angled pattern that may angle in different directions and can be hard to stabilize. Comminuted fracture: This situation results in bone shattering into three or more pieces. It can be impossible for this type of fracture to heal properly, particularly when bones have been crushed. Personal injury lawyers know that certain types of fractures are more likely to result in different accident situations. For instance, comminuted or crush fractures are common in t-bone motor vehicle accidents where the front of one vehicle directly hits the driver or passenger of another vehicle. Incidents That Commonly Lead to Broken Bones People of all ages suffer bone fractures due to a wide variety of causes. While repetitive motion and continual stress on bones can lead to fractures, in many cases, the damage to bones is caused by a sudden traumatic event, such as a car accident, where the vehicles collide with sudden force. The bodies of drivers and passengers absorb the impact of striking surfaces in their own vehicles, and sometimes, vehicles or obstacles intrude on their space from outside. Broken bones are also common in: Truck accidents Pedestrian accidents Slip and fall incidents Motorcycle and bicycle accidents Defective product cases Nursing home neglect and abuse Boating accidents Tripping over hazards that are hard to detect Animal attacks Any impact can result in broken bones, and sudden impacts are often caused by unexpected situations, such as when someone has spilled a slippery substance on a floor, and someone else slips and falls because those responsible failed to take steps to clean up the spill or warn others about the danger of slipping. Liability for Broken Bones When a bone fracture could have been prevented with responsible... --- Are You Entitled to Financial Compensation for Your Back or Spinal Cord Injury? Find Out for Free Back and spinal cord injuries can become incredibly expensive. They can also negatively impact nearly all aspects of your life. Living with chronic pain, limited mobility or paralysis is extremely difficult, and you should not have to manage the financial and non-financial costs of your injury on your own. Individuals who suffer back and spinal cord injuries in traumatic accidents are entitled to just compensation in many cases; and, if you have a claim, you can hire a Tallahassee injury attorney to represent you at no out-of-pocket cost. At Searcy Denney, we are passionate about helping accident victims who are coping with the life-altering effects of back and spinal cord injuries. We understand what it means to suffer these types of injuries, and we know severely they can alter accident victims’ lives. If you are entitled to just compensation, we can help, and we will do everything we can to secure maximum compensation on your behalf. Common Back and Spinal Cord Injuries in Traumatic Accidents We represent accident victims who have suffered all types of back and spinal cord injuries in Tallahassee. This includes (but is not limited to) common injuries such as: Chronic Back Pain Many accident victims suffer from chronic back pain. After a serious accident, back pain can be symptomatic of a variety of injuries—not only in the back, but in other parts of the body as well. Chronic back pain can persist for months or years; and, in some cases, it can persist for the rest of accident victims’ lives. As a result, it is critical to ensure that you have the financial resources you need to manage your back pain now and in the future. Herniated Discs (Slipped Discs) Herniated discs (also commonly referred to as slipped discs) are extremely common injuries in vehicle collisions, falls and other traumatic accidents. While herniated discs are treatable, treatment can be expensive, and accident victims may need to take weeks or months off from work during the recovery process. Nerve Damage The spinal cord is a bundle of nerves that runs the entire length of the back. There are other nerves running throughout the back as well. In traumatic accidents, these nerves can become pinched, torn or severed, and these injuries can have effects ranging from pain to paralysis. Soft Tissue Damage Soft tissue damage is common in all types of traumatic accidents as well. The back has multiple muscles, ligaments and tendons that are all prone to injury in the event of a collision or fall. While soft tissue damage will heal with rest in many cases, serious injuries may require more proactive forms of treatment, including surgery. Vertebrae Fractures Vertebrae fractures are a risk for victims of all types of serious accidents. While vertebrae fractures can be painful and debilitating on their own, they will often be accompanied by herniated discs, nerve damage, soft tissue damage, and other back and spinal cord injuries. As a result, a comprehensive diagnosis is essential, and accident victims who suffer vertebrae fractures will need to work with an experienced Tallahassee injury attorney who can help make sure that all of their costs are covered. When Can You Seek Financial Compensation for a Back or Spinal Cord Injury? When can you seek financial compensation for a back or spinal cord injury? If you were injured in any type of accident in which you believe that someone else (or a company) may have been to blame, you should talk to a Tallahassee injury attorney about... --- Although accidents involving cement mixers frequently result in serious injuries, the commercial enterprises who own and operate these trucks work with high-powered legal teams and insurance companies focused on profits. Together, they fight to avoid paying claims for victims whenever possible. A skilled Tallahassee truck accident lawyer from Searcy Denney can help even the odds if you have been injured by a cement mixer. Our experienced team knows how to establish liability and protect the rights and interests of victims to gain the full damage awards they deserve. The Unique Design of Cement Mixers Makes Them Vulnerable to Accidents There is no other vehicle quite like a cement mixer. This truck has a rotating drum balanced high at the back, turning cement and water to form concrete. The driver must concentrate not only on traffic and road conditions but also on the conditions in the concrete drum. The materials can be costly, so the focus may be more on the concrete than on the vehicle itself. Because the weight of the concrete is carried so high in the back and the material is constantly shifting, cement mixers are prone to instability. In addition, if the drum mechanism has not been maintained properly, it can operate with a jerking motion, further adding to the vehicle's instability. These factors put cement mixers at increased risk of rollover accidents, crushing anything in their way. Spills and Debris Unlike trucks with a bed or enclosed trailer, cement mixers have additional equipment attached on the outside. This includes chute extensions, shovels, curing compound, trowels, rakes, and power screeds. If these items are not secured properly, they can come loose and fall off, causing hazards to other vehicles on the road. In addition, a Tallahassee truck accident lawyer knows that defects in the truck or problems caused by lack of proper maintenance can cause concrete to spill out unexpectedly, sending other vehicles careening out of the way to avoid the concrete. Drivers and Owners May Be Liable for Injuries Caused by Cement Mixer Accidents Some accidents are clearly the fault of the driver, such as when drivers fail to stop because they’re paying attention to cell phones rather than traffic. Others are due to negligence on the part of the company that owned the truck, such as failing to schedule routine vehicle inspections and maintenance. Many accidents are caused by a combination of factors. Even if all the fault belongs to the driver, the company can still be held liable for the driver’s actions because the driver was acting on behalf of the company. At Searcy Denney, we know how to demonstrate liability so that truck owners and insurers pay for the harm caused by their negligent actions. Schedule a Free Consultation to Find Out What Your Case is Worth Injuries from cement mixer accidents can be catastrophic and lead to death. Although no amount of compensation can restore health or bring back loved ones, when a Tallahassee truck accident lawyer from Searcy Denney recovers damages for your losses, you gain a sense of justice and the resources you need for your future. We invite you to call us at 888-549-7011 or contact us online for a free case evaluation and consultation. --- Dump truck accidents often cause very serious injuries in the Tallahassee area. With all the construction and repair work in our region, dump trucks have become prevalent on roads of all sizes. Unfortunately, a Tallahassee truck accident lawyer knows that these trucks are more dangerous than many other vehicles, particularly when they are not operated or maintained properly. Even when a driver or trucking company is clearly responsible for causing an accident, corporate attorneys often make it very difficult for accident victims to recover full and fair compensation for their injuries. Fortunately, the team at Searcy Denney understands how to overcome the tactics used by insurance companies and corporate attorneys so that we can recover the compensation our clients deserve after a dump truck accident. Dump Trucks Pose a Great Risk of Rollover Accidents Dump trucks are not as long as trucks such as moving vans and tractor-trailers, so many people do not realize just how hazardous these vehicles can be. In particular, dump trucks are at high risk for rollover accidents. Dump trucks are loaded and unloaded much more frequently than many other types of trucks, and they often carry contents that can shift easily. If a load of gravel shifts to one side when a dump truck goes around a turn, it can lead the vehicle to tip, sending a tremendous amount of force along with the weight of the truck. Dump Trucks are Often Not Well Maintained Often overworked as short-haul vehicles, dump trucks are frequently neglected when it comes to maintenance. A Tallahassee truck accident lawyer sees many instances where the companies that use dump trucks don’t set up regular inspections. Heavy loads often put excessive pressure on tires, which can lead to unusual wear, particularly when tires are underinflated. Brakes are often worn from the frequent stop-start motions used in dump truck operations. The heavy weight and lack of maintenance often makes dump trucks hard to stop in traffic. Companies Often Fail to Train Dump Truck Drivers Properly Although dump trucks handle very differently than other trucks, companies frequently assign inexperienced drivers to handle these vehicles. Standard training for a commercial driver’s license generally does not include work with dump trucks, so even drivers with a CDL may have no idea how to handle a dump truck safely. Companies fail to provide proper training to drivers and often schedule drivers in a way that pressures them to operate in a rush. This is another example of negligence that is all too common for dump truck owners and operators. Searcy Denney Fights for Fair Compensation for Victims of Dump Truck Accidents Insurance companies and the companies that operate dump trucks know how to fight effectively to deny liability for dump truck accidents. Anyone injured by a dump truck needs advice and representation from an experienced truck accident lawyer in Tallahassee to give them a fair chance of standing up to insurers and gaining the recovery they deserve. At Searcy Denney, our skilled and dedicated team is ready to help you gain a full and fair recovery for your pain, suffering, lost wages, emotional distress, future medical needs, and other losses caused by a dump truck accident. Call us at 888-549-7011 or contact us online today to get started with a free consultation. --- Although garbage trucks are not as large and heavy as tractor-trailers, they are considered among the most dangerous vehicles on the road for a number of reasons. Pursuing claims after a garbage truck accident can be difficult because these vehicles may be operated by government entities or companies under contract with local governments. An experienced Tallahassee truck accident lawyer at Searcy Denney knows how to overcome the challenges and fight effectively for full and fair compensation for injuries. Why Garbage Trucks are So Dangerous Recycling and garbage trucks prove hazardous to cars, motorcycles, pedestrians, and others on the roads for several reasons: Garbage and recycling trucks often operate very early in the morning when it is dark These trucks stop frequently, often with little warning To save time, drivers often stop in the middle of the road rather than pulling to the side Garbage trucks have extremely large blind spots Loads are often out of balance, making it harder to control the vehicle and leading to the potential for rollovers, particularly on ramps with tight turns Garbage and recycling trucks frequently drop debris, leaving hazards on the roadway While we need these vehicles to keep our homes and businesses clean and safe, the entities that operate trash collection services have a duty to ensure that garbage and recycling trucks operate safely. When they fail to fulfill that duty, the operators should be held liable for the resulting injuries. Recovering Compensation After a Garbage Truck Accident in Tallahassee No matter how severely you have been injured, a Tallahassee truck accident lawyer knows that you must take certain steps in order to receive compensation for your medical bills, lost wages, pain, suffering, emotional anguish, and loss of enjoyment of life. You need to gather evidence and build a case to demonstrate that the company responsible for operating or maintaining the garbage truck did not behave with appropriate responsibility and that their lack of responsibility caused the accident that led to your injuries. This requires considerable effort. The best evidence will only be available for a short time after the accident, so it is best to begin working with an experienced truck accident lawyer in Tallahassee as soon as possible. As time passes, footage from traffic or security cameras showing what led up to the accident is likely to be erased or recorded over. The recollections of witnesses become less reliable. The scene of the accident will change. It is important to collect and preserve evidence to demonstrate to the insurance company that you are likely to succeed in court. This will often prompt the insurance company to offer a fair settlement. Work with the Experienced Truck Accident Attorneys in Tallahassee The commercial companies that operate garbage trucks have experienced legal teams to fight claims of liability, so if you have been injured in a truck accident, you need to have a dedicated and knowledgeable legal team to protect your rights and achieve a fair recovery. Searcy Denney attorneys know how to stand up to insurance companies and gain the full and fair damage award you deserve for your losses. Contact us online or call 888-549-7011 today for a free consultation to learn how we can help you recover. --- While utilities are vital for the functions of modern life around Tallahassee, the process of maintaining utility infrastructure often puts utility trucks and vans in awkward places when we least expect it. While workers are managing tasks understood only by themselves, utility company vehicles operate on a schedule that is not predictable. Drivers often park in unusual locations, block portions of the street, and start and stop at odd times. If a utility van driver pulls out without checking for traffic, or if the vehicle disrupts visibility and no one makes appropriate efforts to moderate traffic flow and an accident results, the utility company should be liable for injuries. However, the process of proving liability and gaining recovery from a utility company can be extremely difficult. It is a good idea to consult a Tallahassee truck accident lawyer at Searcy Denney for assistance with gathering evidence and complying with regulatory requirements that could affect your claim. Special Rules May Apply Sometimes, utility vans and trucks are operated by government entities or quasi-government entities. This can impose special rules on cases where irresponsible driving, poor vehicle maintenance, improper loading, or other issues lead to an accident. The time to file a claim may be shorter than usual. It may be necessary to file additional reports and paperwork with regulatory agencies. And sometimes damages may be limited by statute, which complicates the process of settling a claim. At Searcy Denney, our experienced legal team understands all the factors that could complicate a truck accident case involving a utility van so we can ensure that victims' rights are fully protected, and they retain the best chances for compensation. Commercial Insurance Utility trucks and vans are company vehicles, and the company that owns them is responsible for factors such as: Maintaining the vehicle in safe operating condition Ensuring that drivers are properly qualified, trained, and supervised Properly loading and storing equipment carried in the vehicle Establishing schedules that do not lead to excessive fatigue or incentive to drive negligently When a company fails to fulfill an obligation to others on the road, it can be held liable for injuries that result. Unless a utility is self-insured, the commercial insurance policy will cover the damages. The good news is that company vehicles are often better insured than private vehicles. The bad news is that company lawyers may be on the site soon after an accident to clean up the scene and ensure that the driver doesn’t say anything that could lead to liability. Those same lawyers and investigators may try to get others involved in the accident to say something that they can use to argue that the utility company is not responsible for the accident. Anyone injured in a utility company truck or van accident should contact a truck accident lawyer in Tallahassee as soon as possible to gain equally experienced legal guidance to protect their rights and interests. Trust the Team at Searcy Denney to Help You Recover After an Accident with a Utility Truck An accident with a utility van or truck can turn your life upside down in a hurry. While you work toward physical recovery, let an experienced Tallahassee truck accident lawyer at Searcy Denney deal with insurance companies and collect evidence to build your claim for damages. To get started with a free consultation, call 888-549-7011 or contact us online today. --- A Tallahassee Delivery Truck Accident Lawyer Can Help Online shopping steadily increased over time until the pandemic shifted the trend into overdrive. Now, many people make most or all of their purchases online. We still have trucks on the roads making deliveries to stores, but now our roads are also congested with more drivers making home deliveries in trucks and vans. The convenience of having fully stocked store shelves and quick home delivery options is offset by the dangers posed by the increased numbers of delivery trucks and vans on the road. Both highways and local streets are experiencing more delivery traffic than ever before. Added traffic and drivers trying to keep to a tight schedule lead to more truck accidents. When delivery trucks or vans are involved in a collision, they are often backed by a commercial defense team that may use bullying tactics to pressure victims into admitting fault or accepting far less than they deserve for their injuries. A Tallahassee truck accident lawyer at Searcy Denney can protect accident victims from this type of bullying and fight effectively to win full and fair compensation. A Brief Look at Some of the Ramifications of Accidents Involving Delivery Trucks and Vans Given what we’ve discussed above, accidents involving delivery trucks and vans in Florida have far-reaching ramifications that affect various aspects of public safety, economic stability, legal frameworks, and societal well-being. These incidents, occurring on Florida's bustling roadways, highlight critical issues related to traffic congestion, infrastructure strain, and the rising demand for efficient delivery services. Public Safety and Health Concerns One of the primary ramifications of delivery truck and van accidents in Florida is the impact on public safety. These vehicles, due to their size and weight, can cause significant damage and injuries when involved in collisions. The Florida Department of Highway Safety and Motor Vehicles reports that commercial vehicle accidents often result in severe injuries or fatalities, which places a substantial burden on emergency services and healthcare systems. Victims of these accidents may suffer from long-term physical and psychological effects, leading to increased healthcare costs and a need for extensive medical care and rehabilitation services. Economic Impact The economic ramifications of delivery truck and van accidents are substantial. Firstly, there is the direct cost associated with property damage, medical expenses, and loss of income for individuals involved in accidents. Insurance premiums for commercial vehicle operators can skyrocket following frequent or severe accidents, increasing operational costs for delivery companies. Moreover, such incidents can disrupt supply chains and delay deliveries, impacting businesses that rely on timely receipt of goods. The cumulative effect can lead to lost productivity and reduced consumer confidence, which is particularly detrimental in a state like Florida which has a vibrant economy dependent on tourism and trade. Legal and Regulatory Issues From a legal standpoint, accidents involving delivery trucks and vans in Florida lead to complex liability issues. Determining fault can be challenging, often involving multiple parties such as drivers, delivery companies, vehicle manufacturers, and even third-party logistics providers. Florida's legal system must navigate these complexities to ensure fair compensation for victims and accountability for negligent parties. Additionally, there is increased scrutiny on the regulatory framework governing commercial vehicles. Stricter enforcement of safety regulations, driver training programs, and vehicle maintenance standards may be necessitated to prevent future accidents. Infrastructure Strain Florida's infrastructure also feels the strain of delivery truck and van accidents. Frequent collisions can lead to traffic congestion and road damage, exacerbating the wear and tear on highways and urban streets. This necessitates more frequent maintenance and repair, diverting public funds that could be used for... --- Of all the cases that injury attorneys handle, birth injuries often seem like the most heartbreaking and unfair. A child who is injured coming into the world never has the chance to enjoy many aspects of life that the rest of us take for granted. They struggle in ways most of us cannot fully imagine. And their parents suffer untold agony watching what their child must endure and knowing that it didn’t have to be this way. Children with birth injuries often suffer conditions that reduce their life expectancy substantially. At Searcy Denney, our attorneys approach birth injury cases with compassion, but we also recognize that it is important to employ the right strategies to ensure that injured children and their families will have the resources to meet everyone’s needs for the long term. An emotional plea is not always enough to obtain what these families deserve. Therefore, we break down all the factors that impact the case to show precisely why a generous damage award is the only appropriate outcome under the circumstances. In our experience, there are certain steps parents can take to strengthen a birth injury malpractice case. Step One: Take a Proactive Stance If you are an optimistic person or someone who doesn’t like to make trouble, it can be easy to tell yourself that things will get better and you should wait before taking action. For your child and yourself, this is not the right time to be patient. Instead, you need to actively work to secure your child’s best future. Find the best medical care. Get second opinions. Find out what you can do to help your child’s development. Every day counts when your child’s health and well-being are on the line. You also need to find out what happened and whether medical negligence or malpractice caused your child’s injuries. It is best to begin investigating as early as possible. As time passes, evidence becomes harder to obtain. An experienced birth injury attorney will understand how to locate and preserve evidence to support your claim. You have only a limited amount of time to take legal action, so it is important to begin building your case as soon as possible. Step Two: Find an Attorney Who Understands Birth Injury Malpractice Medical malpractice cases are far more complex than many other types of injury cases, requiring extensive medical knowledge as well as legal acumen. Many attorneys who list malpractice under their areas of service lack the knowledge and experience to help victims achieve the full compensation they deserve. Cases involving birth injuries are a further focused area of practice that even fewer attorneys have the mastery of handling properly. Therefore, you may need to look carefully to find the right attorney to handle your claim for damages. Read reviews. Check case results. Find a legal team with the resources to locate the right experts and the skills to make the most effective use of those experts. You will need to satisfy multiple elements to achieve the right outcome in your case. In addition to showing the malpractice occurred and that it caused your child’s injuries, you will need to demonstrate the extent of the injuries and the impact it will have on your child’s life for years to come. These are complicated factors requiring a considerable degree of skill to demonstrate properly. It is important to seek legal counsel as soon as you suspect that your child may have suffered a birth injury that led to cerebral palsy or another debilitating condition. Prompt action allows your legal team to investigate while evidence is most readily... --- Tractor trailers and other types of commercial trucks on the road in Florida can weigh up to 80,000 pounds. The average car weighs less than 4,000 pounds. When a car collides with an 18-wheeler, tractor-trailer, or semi-truck, that truck may weigh 20 times as much. It does not take much imagination to envision the catastrophic injuries resulting from such a collision, especially at high speeds. A Tallahassee truck accident lawyer knows that accidents involving 18-wheelers are some of the most horrific, often leading to death or lifetime disabilities. However, the drivers of tractor-trailers often work for companies with large, aggressive legal departments. Even when it seems clear that the trucking company should be held responsible for the losses in an accident, those legal teams will be prepared to fight to deny liability. After an accident with a semi, victims and their families need experienced and dedicated legal teams of their own to have a chance of obtaining a fair recovery for their losses. At Searcy Denney, we understand how to defeat the tactics of commercial trucking companies and their insurers so that we can obtain the compensation our clients deserve after a devastating tractor-trailer accident. What Makes 18-Wheelers So Dangerous Numerous factors make accidents involving semi-trucks common and the results so deadly: These long, heavy vehicles require more distance to stop than other vehicles. The visibility afforded to the driver is severely impaired. The tractor-trailer mechanism makes the vehicle prone to jackknife accidents that can crush a vehicle The instability of these oversized trucks makes them prone to flip over more easily, pinning other vehicles underneath or creating a large obstacle for other vehicles on the road Drivers operating tractor-trailers are often encouraged to work long hours where they can be subject to fatigue or road hypnosis In addition, a truck accident lawyer in Tallahassee understands that due to the shortage of long-haul truckers available, companies often send out drivers who lack proper experience and training in the handling of these dangerous vehicles. Holding Companies Accountable for Tractor-Trailer Accidents Sometimes, the legal team defending commercial trucking companies seems to appear at the same time as the ambulance. They may work to ensure that evidence is hard to find to demonstrate liability on the part of the truck driver, owner, or even those responsible for loading or maintaining the vehicle. In the aftermath of a tractor-trailer accident, holding companies accountable can be a complex and demanding process. A skilled Tallahassee truck accident lawyer plays a pivotal role in ensuring that these companies are held responsible for their actions or negligence, thereby securing justice and compensation for the injured parties. Here’s how an attorney can help achieve this: Investigating the Accident One of the first steps an attorney takes is to conduct a thorough investigation of the accident. This involves visiting the accident scene, examining the vehicles involved, and reviewing police reports. Attorneys work with accident reconstruction experts to determine how the accident occurred and identify any violations of safety regulations. This detailed investigation helps establish liability and builds a strong foundation for the case. Gathering and Preserving Evidence Attorneys know how to collect and preserve crucial evidence that might otherwise be overlooked or lost. This includes securing traffic camera footage, obtaining truck maintenance records, and recovering data from the truck’s electronic logging device (ELD) or black box. These records can reveal critical information, such as the truck’s speed at the time of the accident, braking patterns, and hours of service compliance, which are essential for proving negligence or misconduct. Identifying All Liable Parties Tractor-trailer accidents often involve multiple parties, including the... --- Many of the most dangerous liquid substances on the planet are transported on our highways every day by ordinary tanker trucks. The U. S. Department of Transportation places added restrictions on these deadly shipments. For instance, they are often not permitted in tunnels. Accidents that occur on other parts of the road, however, can result in fires, explosions, hazardous fumes, and chemical burns. Even when a tanker truck is carrying non-toxic cargo such as milk or water, the hazards from a collision or spill can pose serious risks to motorists or others nearby. Injuries resulting from these wrecks are often catastrophic or deadly. Roads may be closed for hours and sometimes the surrounding area must be evacuated. The involvement of commercial attorneys and regulatory agencies often makes tanker truck accidents extremely complicated. And that can make it more difficult for victims to receive the compensation they deserve. A Tallahassee truck accident lawyer at Searcy Denney knows how to cut through the red tape and secure the interests of victims and their families after a collision involving a tanker truck. You can trust our team to fight for maximum compensation to offset a variety of losses, no matter how complicated the case becomes. Risk of Rollover Accidents The distribution of weight in a tanker truck makes these commercial trucks more likely to roll over, particularly if the driver fails to slow sufficiently before making a turn or if the vehicle’s wheels ride up a curb when making a tight turn. A rollover accident can crush vehicles and usually release the tank's contents, exposing everyone in the vicinity to potentially toxic chemicals and fumes. Risk of Fire and Explosion It is common for tanker trucks on our roads to transport combustible liquids such as gasoline. Any break in the integrity of the tank can cause a spill, and then a spark often leads to fire or explosion. Even if a tanker truck does not roll over or collide with another vehicle, fire can still break out due to other causes, such as a fault in the tank, overloading, or a defect in the truck’s engine. Injuries in Tanker Truck Accidents The sheer weight of a loaded tanker truck can have a devastating impact in a collision. Between the hazards from the cargo and the dangers of the heavy truck itself, accident victims often suffer horrific injuries such as: Traumatic injuries Severe burns Chemical exposure Psychological injuries Traumatic Injuries One of the most immediate concerns in a tanker truck accident is the risk of traumatic injuries. These can include a range of severe physical harms, such as: Head Injuries: Due to the force of impact, individuals may suffer from concussions, traumatic brain injuries (TBIs), or skull fractures. TBIs can have long-term consequences, including cognitive impairments, personality changes, and motor function deficits. Spinal Cord Injuries: The sheer impact can lead to spinal cord injuries, resulting in partial or complete paralysis. Such injuries often require extensive medical treatment and can lead to lifelong disability. Fractures and Orthopedic Injuries: Broken bones and severe orthopedic injuries are common due to the crushing forces involved. These can range from simple fractures to compound fractures that require surgical intervention. Internal Injuries: The blunt force trauma from the accident can cause internal bleeding and damage to organs such as the liver, spleen, kidneys, and lungs. These injuries are life-threatening and require immediate medical attention. Burn Injuries Tanker trucks frequently transport flammable or corrosive materials. In the event of a spill or explosion, victims can suffer severe burn injuries. Burns can be classified into: First-degree Burns: Affecting only the outer layer... --- Accidents involving flatbed trucks and vehicle transport trailers often involve unique circumstances that can add to the severity of injuries and complicate legal attempts to obtain compensation for victims. A Tallahassee truck accident lawyer must be diligent in investigation and relentless in standing up to corporate attorneys and insurance companies to enable victims to gain the damage award that they deserve. At Searcy Denney, our legal team has extensive experience fighting for fair compensation for those injured in a variety of truck accidents, including those involving flatbed trucks and vehicle transport trailers. We understand the factors that make these cases unique, and we know how to work effectively to obtain justice for our clients. The Dangers of Vehicle Transport Trailers and Flatbed Trucks When individuals and companies purchase vehicles, whether cars and passenger vehicles, heavy construction equipment such as excavators, or commercial trucks such as delivery vans, those vehicles are not driven on their own from the factory or repair shop to the customer. Instead, they are transported to a dealership on a flatbed truck or vehicle transport trailer. Often transport trailers are configured with multiple levels. Usually, the vehicles are not enclosed. Trailers may carry up to nine or ten vehicles at a time. Regardless of the number of vehicles being transported, the load carried is usually heavy and unstable. If the driver of a vehicle becomes inattentive to the road for even a moment, the consequences can be disastrous. When the driver of a flatbed truck or semi-truck pulling a vehicle transport trailer needs to take evasive action to avoid debris in the road or the negligence of another driver, the effort can easily send the truck out of control, leading to an accident. Even when a driver operates safely and responsibly, if the vehicle transport trailer or flatbed truck was not loaded properly, a Tallahassee truck accident lawyer knows that the cargo can come loose, partially or completely, and cause serious injuries to drivers hit by a vehicle or parts or who collides with a vehicle or components that litter the roadway. Often, these collisions occur at high speeds, leading to severe and even deadly injuries. Standing Up to Insurance Companies and Commercial Legal Teams Because flatbed trucks and vehicle transport trailers are used almost exclusively in the Tallahassee area for commercial transportation, accidents involving these vehicles are often handled immediately by corporate attorneys who may go to great lengths to make it very difficult to locate evidence regarding the case. Insurance companies and legal teams work efficiently to deny liability and limit victims’ ability to recover compensation. These entities are experienced and well-funded, making it essential for injured parties to adopt a strategic approach to fight back effectively. Below, our Tallahassee truck accident lawyer discusses several key steps that can help injured individuals navigate this challenging process. Seek Immediate Medical Attention and Documentation The first and most crucial step after a truck accident is to seek immediate medical attention. Not only is this vital for health and well-being, but it also ensures that injuries are documented from the outset. Medical records serve as critical evidence when negotiating with insurance companies and in court, as they provide a clear link between the accident and the injuries sustained. Retain Experienced Legal Counsel Hiring a lawyer who specializes in truck accidents and personal injury law is paramount. Experienced attorneys understand the tactics used by insurance companies and can navigate the complex legal landscape. They can handle communications with the insurance company, collect and preserve evidence, and build a strong case. An attorney can also ensure that all legal documents... --- Learn How to Protect Your Legal Rights from an Experienced Tallahassee Car Accident Lawyer If you’ve been injured in a car accident in Tallahassee, there are some important steps you need to take to protect your legal rights. Along with contacting a Tallahassee car accident lawyer, here are some additional steps you should try to take as soon as possible: What To Do After a Car Accident in Tallahassee Contact the Police and a Tallahassee Accident Lawyer You should contact the police and report the accident immediately, even if no one appears to be seriously injured or your vehicles are drivable. For one, the police will secure the accident scene and make it safe. More importantly, the police will prepare an accident report that will reflect the details of the accident and the parties involved. It may also indicate who was at fault. The accident report may be critical if you need to pursue a claim later on. Once the report is made, seek legal guidance from a skilled auto accident attorney as soon as possible. You may have several options available to you under the law. Exchange Insurance and Contact Information with the Other Driver You will need to get the following information from the other driver: Name, address, phone number, and email address Insurance company, name of insured, and policy numbers Make, model, and color of their vehicle Most of this information should be reflected on their auto insurance card. Regardless, you should also ask to see their driver’s license just to make their identity and information. If they seem reluctant or unable to produce either of these documents, be sure to get the license plate number of their vehicle and their contact information. Report the Accident (But Don’t Give a Recorded Statement) When you get injured in a car accident, you are required to report the accident to law enforcement. You must also report the accident to your insurance company. However, when speaking with your insurance representative, you must be very careful not to give a recorded statement. At this stage, anything you say will only be used against you. Once you engage a Tallahassee car accident lawyer, your lawyer will be able to deal with the insurance companies on your behalf. Document the Scene of the Accident You should make an effort to document the accident scene to the extent you can. Use your smartphone’s camera to take pictures of the following: Damage to both vehicles Any injuries you may have suffered Any relevant signage Take pictures from multiple angles and different perspectives. If you need to make a claim later on, you may need close up photos and pictures that depict the overall scene. An experienced Tallahassee auto accident lawyer can review your images and determine which ones will help build your claim. Preserve as Much Evidence and Information as Possible It is also important to try to preserve as much evidence and information as possible. If you have any damaged personal items or pieces of your vehicle, keep them—don’t throw them away. Also, be sure to keep any photos and videos you took with your phone, and take 10-15 minutes to write down every single detail you can remember about the crash. Start Documenting Your Financial and Non-Financial Losses When you have a car accident claim in Tallahassee, it is up to you to prove how much you are entitled to recover. This means that you should start documenting your financial and non-financial losses immediately. Keep track of your medical bills and expenses, keep track of any days you miss from work, and start... --- Find Out How Long You Have to Hire a Tallahassee Car Accident Lawyer When you get injured in a car accident in Tallahassee, you only have a limited amount of time to file a claim. If you wait too long, you can lose your right to just compensation—no matter how obvious it is that the accident was someone else’s fault. To protect your legal rights, you need to file a claim before the statute of limitations expires, and it is best if you discuss your claim with a Tallahassee car accident lawyer as soon as possible. The Statute of Limitations for Car Accident Cases in Tallahassee Until recently, the statute of limitations for car accident cases in Tallahassee was four years from the date of the accident. However, under a new law signed by Governor DeSantis on March 24, 2023, the statute of limitations has been reduced to two years from the date of the crash for claims based on negligence. This change took effect immediately, which means that individuals who get injured in car accidents after March 24, 2023, are subject to the new two-year statute of limitations (in most cases). Importantly, the change to Florida’s statute of limitations in 2023 does not apply to claims based on products liability. Products liability law governs car accident claims involving vehicle defects (i. e. , tire blowouts, airbag explosions, and brake failures). So, if you have a claim against a manufacturer or dealership based on a defect, Florida’s four-year statute of limitations still applies. What Happens if the Statute of Limitations for a Car Accident Claim Expires? When you have a car accident claim, it is extremely important that you file your claim before the statute of limitations expires. If you don’t, you will lose the ability to file. While the expiration of the statute of limitations can be delayed (or “tolled”) in some circumstances, you should not rely on having any extra time to assert your legal rights. How Do You Prevent the Statute of Limitations from Expiring? In most cases, recovering your losses after a car accident in Tallahassee involves filing an auto insurance claim. However, filing an auto insurance claim does not prevent the statute of limitations from expiring. The statute of limitations continues to run until you file a lawsuit in court. So, even if you are dealing with the insurance companies, if two years pass, you could still find yourself unable to recover the financial compensation you deserve. With this in mind, it is extremely important that you discuss your case with a Tallahassee car accident lawyer as soon as possible. Discuss Your Claim with an Experienced Tallahassee Car Accident Lawyer in Confidence If you have questions about your legal rights after a car accident in Tallahassee, we encourage you to contact us promptly for more information. To schedule a free, no-obligation consultation with a Tallahassee car accident lawyer at Searcy Denney as soon as possible, call 800-780-8607 or tell us how we can reach you online now. --- Injured in a Collision? Get Help from an Experienced Tallahassee Car Accident Lawyer Car accidents are dangerous. Serious accidents can cause life-altering physical and emotional trauma, and even relatively minor accidents can cause injuries that lead to expensive medical bills and time missed from work. The good news is that accident victims can recover just compensation for their injuries in many cases, and they can hire a Tallahassee car accident lawyer to help them at no out-of-pocket cost. Our lawyers represent car accident victims who have suffered all types of injuries. If you were injured in a collision, you are minimally entitled to personal injury protection (PIP) compensation (as long as you have this coverage). However, if someone else was at fault in the accident, you could be entitled to far more. Our lawyers can determine who was at fault, and we can calculate the long-term costs of your injuries so that you don’t settle for less than you deserve. We Handle All Types of Car Accident Injury Claims in Tallahassee We handle car accident cases involving all types of injuries. This includes (but is not limited to) common injuries such as: Back and Neck Injuries Back and neck injuries are extremely common in car accidents. Lower back pain is one of the most common symptoms experienced by car accident victims, and whiplash is a common (and painful) injury as well. The severity of these injuries can vary widely, with car accident victims facing the risk of paralysis and other permanent effects in some cases. If you are experiencing symptoms from a potential back injury after being involved in a car accident, seek immediate medical care. No matter how slight or insignificant your back injury may be, you are entitled to compensation for your injury. Common back injuries that are often the result of accidents include: Herniated Discs Spinal Fractures Spondylolisthesis: This is a condition that occurs when one of the vertebrae in the spine slips out of place. This dislocated disc may press on the spinal cord, resulting in pain, numbness, weakness, and loss of motor control. This condition occurs most commonly in the legs. Neck injuries most often result from rear-end collisions and are caused by sudden stretching or twisting due to the sudden impact. They include: Cervical dislocation Ligament, muscle, and tendon tears and sprains Neck fractures Whiplash Herniated neck discs Broken and Dislocated Bones Broken and dislocated bones can occur throughout the body. We regularly represent car accident victims who have suffered fractures and dislocations. While wearing a cast or resetting the bone can be enough in some cases, sometimes surgery will be necessary. There are 206 bones in your body, some more sturdy, like your femur, and others much more delicate, like the clavicle. A car accident can potentially break any of these bones. Some of the bones typically broken in a car accident include: Arm bones Wrists bones Hand bones Backbones Skulls Chest plates Shoulder bones Face bones Hip bones Knee bones Leg bones Foot bones Ankle bones Remember, you are entitled to compensation for all of your injuries, including minor ones that may heal themselves, like cracked ribs. Burns Car accidents also frequently result in burns. Drivers and passengers alike can suffer burns due to fires, friction (including friction from seatbelts), and airbag deployment. Burn injuries also vary widely in terms of their severity, and severe burns can require multiple surgical procedures over an extended period of time. Concussions Concussions are the most common form of traumatic brain injury (TBI) sustained in car accidents. While they are on the “mild” end of the... --- Hire a Tallahassee Car Accident Lawyer to Prove Your Claim When you suffer serious injuries in a car accident that was someone else’s fault, proving the cause of the accident is one of the first steps toward recovering just compensation. This requires a thorough investigation conducted by an experienced Tallahassee car accident lawyer. Our lawyers can get to work on your case immediately. When you contact us, you will speak with a lawyer about your claim one-on-one, and then we will get to work doing what is necessary to prove your legal rights. We will deal with the insurance companies for you, and we will rely on our experience to help make sure you receive the financial compensation you deserve. We Handle Car Accidents from All Causes in Tallahassee At Searcy Denney, we handle car accidents from all causes in Tallahassee and the surrounding areas. When you get injured in a car accident, simply knowing that the other driver was at fault isn’t enough. You must be able to prove liability to the insurance companies; and if the insurance companies refuse to settle, you must have evidence that is admissible in court. In many cases, however, additional factors will be at play. For example, tire blowouts and brake failures are common occurrences in serious car accidents, and defective airbag explosions can lead to accidents as well. Asserting your legal rights requires a clear understanding of all of the factors involved in your car accident, as it will be necessary to file multiple claims in some cases. With decades of experience representing car accident victims in Tallahassee and throughout Florida, our lawyers handle cases involving: Aggressive driving Airbag defects Brake, tire and other vehicle defects Distracted driving Drowsy driving Drugged driving Drunk driving Failure to stop or yield Inadequate vehicle maintenance Negligent maintenance work Reckless driving Speeding Other forms of driver negligence Proving the Cause (or Causes) of Your Car Accident in Tallahassee How do you prove the cause (or causes) of your car accident in Tallahassee? Usually, an on-scene investigation is the first step. It is important that this investigation take place as soon as possible—and this is one of several reasons why you should contact a Tallahassee car accident lawyer promptly. Along with conducting an on-scene investigation, various additional steps may be necessary as well. For example, we will commonly hire experts to examine the damage to each vehicle involved in the accident. We regularly subpoena drivers’ phone records and vehicle maintenance records as well, and, when accidents involve drivers who are on the clock, we obtain their employment records to prove that their employers are financially responsible. Traffic camera footage, surveillance camera footage, phone photos and videos, and eyewitness testimony can all be key forms of evidence as well. Speak with a Tallahassee Car Accident Lawyer Today Are you entitled to financial compensation for your car accident in Tallahassee? Contact us to find out. To speak with an experienced Tallahassee car accident lawyer in confidence, call 800-780-8607 or request a free consultation online today. --- Get Help with Your Claim from an Experienced Tallahassee Car Accident Lawyer All types of car accidents can result in serious injuries. As a result, after any type of accident, it is important to see a doctor promptly. It is also important to promptly speak with a Tallahassee car accident lawyer about your legal rights. We Handle All Types of Car Accident Cases in Tallahassee Our Tallahassee lawyers include James Gustafson, Jr. , Cameron Kennedy, and Carter Scott and they handle all types of car accident claims. Regardless of what happened, if you were seriously or permanently injured in an accident that was someone else’s fault, we can fight to recover the financial compensation you deserve. Contact us today to discuss your case involving: Head-On Collision Head-on collisions are among the most dangerous types of car accidents. If you got hit by another driver head-on, our lawyers can conduct a comprehensive investigation to prove that the driver who hit you is legally responsible. Hit-and-Run Accident Hit-and-run accidents are far too common. While fleeing the scene of a car accident in Tallahassee is illegal, many drivers still run in an attempt to avoid liability. Fortunately, victims still have options for recovering their losses in these cases. Rear-End Collision Rear-end collisions often result in head, neck and back injuries—among others. If you got rear-ended at a stop light, stop sign or in traffic, a Tallahassee car accident lawyer at Searcy Denney can fight to recover the financial compensation you deserve. Rollover Accident Rollover accidents can be extremely scary. They can also be extremely dangerous—and costly. If your vehicle rolled over under any circumstances, you should speak with a lawyer promptly. Even if your vehicle was the only one involved in the accident, you could have a claim against your vehicle’s manufacturer. Side-Impact Collision Side-impact collisions can (and do) occur under a wide range of circumstances. Like other types of accidents, they can lead to a wide range of injuries, and they can leave victims and their families facing significant financial and non-financial losses. Single-Vehicle Accident Along with rollovers, other types of single-vehicle accidents can also result in serious injuries. Whether due to a brake failure, tire failure or being run off of the road by a negligent driver, these accidents will also give rise to claims for financial compensation in many cases. T-Bone Collision T-bone collisions at intersections can result in both substantial vehicle damage and substantial injuries. If you got T-boned in Tallahassee, you should discuss your next steps with a lawyer as soon as possible. Wrong-Way Accident Driving the wrong way on a one-way road or divided highway is extremely dangerous. It is also alarmingly common. If you encountered a wrong-way driver and had nowhere to go to avoid a collision, we are prepared to fight to help you recover maximum compensation. Talk to a Tallahassee Car Accident Lawyer for Free To learn about your legal rights after a serious car accident in Tallahassee, contact us for a free, no-obligation consultation. Call 800-780-8607 or request a free consultation online to speak with a Tallahassee car accident lawyer in confidence as soon as possible. --- Decide If You Wish to File a Claim After a Free, First Meeting with a Tallahassee Hospital Negligence Attorney Hospitals and emergency rooms are supposed to be safe places where patients can get the care they need to recover. Unfortunately, this is not always the case. Mistakes in hospitals and emergency rooms are common, and they leave many patients facing life-altering or life-threatening consequences. If you believe that you or a loved one may be a victim of hospital or ER negligence in Tallahassee, you should talk to a medical malpractice lawyer about your legal rights. All health care providers owe a duty of care. While there is some room for error in the hospital and ER settings, many mistakes fall below what is acceptable. At Searcy Denney, our lawyers can evaluate the circumstances surrounding your (or your loved one’s) care; and, if you have a claim for medical malpractice, we can fight to recover the compensation you deserve. Common Examples of Hospital and ER Negligence Hospital and ER negligence can take many different forms. Triage errors, diagnostic errors, recordkeeping mistakes, delays in treatment and errors during treatment can all potentially support claims for medical malpractice in Tallahassee. Our lawyers handle cases involving all forms of hospital and ER negligence, including: Failure to obtain informed consent Failure to identify risk factors or complications Failure to monitor prior to, during or after treatment Failure to order lab work, x-rays or other tests Failure to provide a timely and accurate diagnosis Failure to provide timely and appropriate treatment Medical record mix-ups and other recordkeeping mistakes Medication errors Surgery and anesthesia errors Facility cleaning and sanitation issues Understaffing and/or hiring untrained staff Other hospital and ER administration errors Steps to Pursuing a Claim Against a Tallahassee Healthcare Fa2cility There are several steps involved in pursuing a claim for hospital or ER negligence in Tallahassee. When you choose Searcy Denney to represent you, our medical malpractice lawyers will: Review your medical records from the hospital or ER. The information contained in your medical records will help us determine if you could have a claim for hospital or ER negligence. Help you seek treatment from a qualified specialist in Tallahassee. We can help you find a qualified specialist in Tallahassee, and we will work with your new doctor to gather additional evidence in support of your medical malpractice claim. Calculate the Costs of Your Health Care Provider’s Mistake. In order to seek just compensation on your behalf, we will calculate the full financial and non-financial costs of the hospital’s or ER’s negligence. Pursue a Medical Malpractice Claim Against the Hospital or ER. We will use the available evidence to seek maximum compensation for the hospital’s or ER’s negligence. Our lawyers will work to negotiate a favorable settlement with the hospital’s or ER’s insurance company, and they will take your case to court if necessary. Schedule a Free Consultation about Your Hospital or ER Negligence Claim If you have questions about filing a claim for hospital or ER negligence in Tallahassee, we encourage you to contact us right away. To speak with a medical malpractice lawyer at Searcy Denney in confidence, call 888-549-7011 or request a free consultation online now. --- Talk to a Tallahassee NICU Injury Lawyer about Your Family’s Legal Rights Following a Birth Injury Diagnosis Welcoming a new child into your family is supposed to be a joyful experience that you remember for all of the right reasons. But, if a medical mistake made during or after delivery places your child in the Neonatal Intensive Care Unit (NICU), you will remember many aspects of your child’s birth for very different reasons—and you and your family could struggle with the consequences of your healthcare provider’s mistake for years to come. Approximately one in every 1,000 children born in the United States experiences a birth injury. In many cases, these birth injuries can (and should) be avoided with professional medical care. If your child was placed in the NICU due to a birth injury or received substandard neonatal care, you should consult with a Tallahassee NICU lawyer about your family’s legal rights. What Parents Need to Know When a Newborn is Placed in Neonatal Intensive Care Having your child placed in neonatal intensive care can be a confusing, emotionally difficult and scary experience. This is particularly true when your doctor doesn’t explain what is going on or why your child needs intensive care. Unfortunately, many healthcare providers fail to communicate effectively with parents. In many cases, this is because they know they have done something wrong. If you cannot get the information you need about your newborn’s diagnosis or treatment needs, if you don’t understand what your doctor is telling you, or if you have any concerns about the quality of your newborn’s care, you should consult with a Tallahassee NICU attorney immediately. At Searcy Denney, our attorneys are experienced in representing families in birth injury cases, and we can begin assisting you immediately. Medical Mistakes Can Result in the Need for NICU Care Many different medical mistakes can result in the need for neonatal intensive care. This includes mistakes made before, during and after delivery. While many decisions to admit newborns into neonatal intensive care involve risks to the child’s brain, numerous other issues can necessitate emergency medical intervention as well. Some of the most common medical mistakes and birth injuries that can result in a newborn being admitted to a hospital’s NICU include: Lack of Oxygen During Pregnancy or Delivery An adequate and consistent supply of oxygen is critical for the health of a fetus in the womb and the health of a newborn child after delivery. Medical mistakes that result in a lack of oxygen – such as failure to diagnose umbilical cord problems and failure to deliver a baby properly – can lead to potentially serious medical conditions such as hypoxic ischemic encephalopathy (HIE) and neonatal encephalopathy (NE). Failure to Diagnose Heart Problems Throughout pregnancy, doctors should monitor for a healthy heartbeat and signs of possible cardiac distress. Failure to monitor fetal heart rate, failure to timely diagnose fetal heart problems, and failure to intervene when necessary are all medical mistakes that can lead to complications from bradycardia, tachycardia and other conditions. Depending on the severity of a newborn’s condition, immediate NICU care may be necessary. Failure to Detect Other Fetal Risks In addition to lack of oxygen and potential heart complications, failure to detect various other fetal risks can also result in the need for neonatal intensive care. This includes fetal risks such as: Cerebral palsy and Erb’s palsy Intrauterine growth restriction (IUGR) Macrosomia (large for gestational age) Reduced fetal growth (small for gestational age) Oligohydramnios Polyhydramnios Failure to Prevent Birth Injuries In some cases, risks for birth injuries can arise naturally and not as... --- Misdiagnosis is the Most-Common Form of Medical Malpractice. Let a Tallahassee Misdiagnosis Lawyer Help. What if you went to the hospital with a serious injury and the doctor sent you home? What if you received a diagnosis that you subsequently learned was incorrect? What if saw your doctor regularly for years before one day discovering that you had an advanced form of cancer? While these occurrences may sound unthinkable to most people, the reality is that these types of diagnostic errors are alarmingly common. In fact, they are the single most-common form of medical malpractice. Our Tallahassee misdiagnosis lawyer regularly represents clients who are suffering due to severe diagnostic mistakes. Understanding the Three Types of Misdiagnosis In Florida, Misdiagnoses can be broadly characterized in three different categories. Each category involves a form of medical malpractice, and all misdiagnoses carry the potential for severe medical implications. 1. Failure to Diagnose The simplest form of misdiagnosis involves failing to diagnose a patient’s medical condition. This can result from a variety of different factors, from failing to conduct an adequate physical examination to failing to order necessary tests or misinterpreting the patient’s scans. 2. Delayed Diagnosis When an accurate diagnosis is made too late, this is referred to as a “delayed diagnosis. ” Oftentimes, patients will be sent home without treatment only to continue to experience symptoms and return days, months or years later to finally receive an accurate diagnosis. 3. Incorrect Diagnosis A third form of misdiagnosis involves diagnosing a patient with a condition that he or she does not actually have. This can be extremely dangerous because not only does the patient’s true condition go untreated, but the patient also receives treatment and medications that he or she does not need. Let a Tallahassee Misdiagnosis Attorney Pursue Justice After These Examples of Medical Negligence Each type of misdiagnosis can lead to a failure to timely treat any type of medical condition. However, some types of illnesses and injuries are particularly susceptible to misdiagnosis. This is typically due to one of two primary factors: (i) the condition’s symptoms can potentially be symptomatic of various other types of illnesses or injuries, or (ii) the symptoms are easily overlooked, whether during a physical examination or when reviewing test results. However, while these medical conditions can be easily misdiagnosed, this is not an excuse for misdiagnosis. You should consult with a Tallahassee misdiagnosis lawyer if you or a loved one has experienced any of the following: Failure to Diagnose Anaphylaxis Anaphylaxis is a potentially-serious medical condition that is typically triggered by a severe allergic reaction. If not diagnosed promptly, anaphylaxis can lead to complications including shock and, in the most severe cases, death. Failure to Diagnose Aneurysms Aneurysms are also potentially-serious medical conditions that are particularly common among adults who are 50 years of age or older. Depending on where in the body an aneurysm occurs, it has the potential to be fatal if not diagnosed and treated promptly. Failure to Diagnose Cancer Many different forms of cancer are commonly misdiagnosed. If you or a member of your family has received a cancer misdiagnosis or a delayed cancer diagnosis, you should speak with a Tallahassee misdiagnosis lawyer about your legal rights. Some of the most commonly misdiagnosed forms of cancer include lymphoma, breast cancer, lung cancer, sarcomas and melanoma. Misdiagnosed Infections Failure to diagnose an infection can have serious and potentially fatal consequences, with potential outcomes depending heavily on the type of infection and the patient’s overall health condition. Commonly-misdiagnosed infections include fungal infections, meningitis, sepsis, post-surgical infections, and other healthcare-acquired infections (HAI). Failure to... --- Contact Our Tallahassee Medication Error Attorneys if Your Health Suffered as a Result of a Mistake Medication errors can occur at all stages of the health care process. From failing to identify patients’ existing medications to improperly filling prescriptions at neighborhood pharmacies, numerous different types of mistakes can lead to severe consequences. At Searcy Denney, we have decades of experience representing victims of medication errors, and our Tallahassee medication error attorneys are committed to helping victims recover just compensation for their losses Common Examples of Medication Errors That Can Occur in Florida Our medical malpractice attorneys handle cases involving medication errors resulting from the negligence of individual health care providers (such as physicians, physician assistants, nurse practitioners and pharmacists) as well as administrative errors committed by hospitals, clinics, pharmacies and other medical facilities. While each case requires a careful and comprehensive assessment of the particular facts and circumstances involved, some of the most-common types of medication errors include: Prescription Errors Failure to consider the patient’s medical history or allergies Failure to consider potential negative interactions between prescribed medications Writing illegible prescriptions Writing prescriptions for the wrong medications or dosages Administration Errors Administering the wrong medication Communication failures between doctors, nurses and other caregivers Failure to warn patients of potential risks and side effects Overdosing or underdosing the patient Pharmacy Errors Failing to confirm illegible or apparently inappropriate prescriptions with the prescribing physician Improper medication labeling Providing an incorrect dosage or strength of a prescribed medication Providing the wrong medication By their nature, all medication errors are preventable. If you believe that you or a family member may have experienced a medication error, it is important that you speak with our Tallahassee medication error attorneys promptly to discuss your legal rights and determine if you may be entitled to financial compensation. The Potential Effects of Medication Mistakes Medication errors can have a broad range of different effects. Anyone who has concerns about a possible medication error should see a doctor immediately. If you don’t know where you can go for reliable medical advice, our Tallahassee medication error attorneys can provide you with a referral. Some examples of potential immediate and long-term consequences of medication errors include: Anesthesia awareness Brain damage Cardiovascular complications Difficulty breathing (resulting in hypoxia) Failure to treat the medical condition for which medication was prescribed Itching, rashes and other physical symptoms Negative drug interactions Nausea, dizziness and fatigue Seizure, coma and other severe medical conditions Severe allergic reactions (including anaphylaxis) In the most-severe cases, patients who have received an improper medication can face life-threatening risks. This includes risks from the effects of the medication itself (such as a heart attack or stroke) as well as the effects of being under the influence of a dangerous medication (such as the risk of falling or suffering kidney failure). Due to these risk factors, anyone who has concerns about a possible medication error should seek help right away. Contact Our Tallahassee Medication Error Attorneys Now for a Free Consultation If you would like to speak with an attorney, we encourage you to contact us immediately. For a free, no-obligation consultation, call us at 800-780-8607 or inquire online now. --- Tallahassee Pharmacy Error Attorneys for Prescription Mix-Ups and Other Mistakes Each year, an estimated 1. 5 million people suffer harm due to a medication error. Many of these errors occur in pharmacies, where pharmacists and pharmacy technicians work with an extraordinary volume of prescription drugs and are under pressure to fill patients’ prescriptions quickly. If you or a loved one has suffered to a medication-related mistake, our Tallahassee pharmacy error attorneys can help you recover just compensation. Like all other forms of medical negligence, pharmacy errors should not happen. While there are a lot of excuses for pharmacy errors (i. e. the pharmacy technician was new or the pharmacy was busy), there are no justifications. In Florida, pharmacies have a legal obligation to make sure they are giving patients the right medications in the right dosages; and, when they fall short of this obligation, they need to be held accountable. What are Examples of Common Pharmacy Errors? Our firm represents individuals and families in malpractice claims against pharmacies in Florida and throughout southern Georgia. Unfortunately, mistakes are common in urban, suburban and rural pharmacies, so no matter where you live there is a chance that your (or your loved one’s) medications could have been dispensed in error. Some of the most common types of pharmacy errors include: Dispensing the Wrong Medication – One of the simplest forms of pharmacy errors involves dispensing the wrong medication. In some cases, pharmacists simply put the wrong pills in the wrong bottle. But, while this is a simple mistake, it can have devastating consequences. Dispensing the Wrong Dosage – Dispensing the wrong dosage of prescription medication can be just as dangerous. This is true for both underdosing (which may result in the patient’s condition not being treated) and overdosing (which can lead to various harmful effects). Mixing Up Patients’ Medications – Mixing up patients’ medications is another common form of pharmacy malpractice. While pharmacies should have protocols and procedures in place to prevent this from happening, it continues to happen with alarming frequency. Overlooking Potentially-Dangerous Drug Interactions – Some medications can be taken together, and some cannot. If your pharmacist failed to identify a potentially-dangerous drug interaction, the pharmacy could be liable for your medical expenses and other losses. Failing to Check the Patient’s Medical History – The same is true if your pharmacist failed to check your medical history. Allergies and certain medical conditions can make it dangerous (and potentially life-threatening) to take certain medications, and your pharmacist has a duty to make sure he or she is not putting your health at risk. Regardless of what happened, if you received the wrong medication or the wrong dosage of a medication, or if you have had an unexpected adverse reaction to one of your prescriptions, you should speak with an attorney. To schedule a free initial consultation in Valdosta, contact our firm by phone or online now. Schedule a Free Pharmacy Error Consultation in Florida To speak with one of our Valdosta pharmacy error attorneys about your case, call us at 888-549-7011 or contact us online. With our fee promise, you pay nothing at all unless we help you win just compensation. --- A Misdiagnosis or Delayed Diagnosis Could Be Catastrophic. Let a Tallahassee Cancer Attorney Help. A cancer diagnosis can be a life-altering experience. But, so can a failure to diagnose. In many cases, a timely diagnosis can allow for treatment that can either lead to remission or even cure the cancer entirely. However, when a diagnosis comes too late, the consequences can be devastating. Cancers (that could have been cured) may progress unnecessarily, and, in some cases, they become terminal. If you or a loved one has received a cancer misdiagnosis, you should consult with a Tallahassee cancer misdiagnosis lawyer about your family’s legal rights. The same is true if your doctor failed to timely diagnose your (or your loved one’s) condition. Failure to diagnose cancer timely constitutes medical malpractice in many cases. Patients and families affected by medical malpractice are entitled to just compensation for their medical bills, pain and suffering, and other losses. Cancer Misdiagnoses and Delayed Diagnoses for Adults Cancer misdiagnoses for adult patients are far more common than they should be. Studies published by the BMJ Quality and Safety Journal and the Journal of Clinical Oncology place cancer misdiagnoses rates at 28 to 44 percent of all patients who seek treatment for specified and non-specified symptoms. Why are cancer misdiagnoses so common? A survey conducted by the National Coalition on Health Care identifies three primary factors: Inadequate Information – “Fragmented or missing information across medical information systems” and “nadequate genetic/genomic information available at the time of diagnosis” are factors in nearly 60 percent of all cancer misdiagnoses, according to the survey. This includes failure to obtain the necessary information to make an accurate diagnosis, failure to maintain adequate medical records, and failure to share medical records between providers. Inadequate Resources – Inadequate access to pathology, radiology and procedural diagnostic resources accounts for just under a third of all cancer misdiagnoses, according to the survey. This includes lack of access to MRI, ultrasound and other diagnostic equipment and devices. Inadequate Patient Evaluation – According to the survey, “nadequate time for patient evaluation” is a factor in just under seven percent of cancer misdiagnoses. However, it is worth noting that the National Coalition on Health Care’s survey sought input from cancer specialists—who may themselves someday be at risk for facing liability due to failing to devote the necessary time to evaluate a patient. With regard to circumstances in which doctors make diagnostic errors despite having adequate information available, the survey points to two factors as accounting for nearly 90% of all cancer misdiagnoses: (i) lack of subspecialty expertise and (ii) inadequate sampling of lesions. These mistakes and the issues listed above frequently lead to misdiagnosis and delayed diagnosis of adult cancers, including: Bladder and uterine cancers Brain cancer Breast cancer Colon and rectal cancers Leukemia Lung cancer Lymphoma (including both Hodgkin and non-Hodgkin) Melanoma Ovarian cancer Pancreatic cancer Prostate cancer Sarcoma Thyroid, esophageal and kidney cancers Malpractice Claims for Misdiagnosis Claims in Children No child deserves to live his or her life with the effects of cancer. Tragically, more than 10,000 children in the United States are diagnosed with cancer each year. While the American Cancer Society reports that the five-year survival rate for children diagnosed with cancer is now 85 percent (compared to less than 60 percent in the 1970s), cancer is still the second-leading cause of death among children under the age of 14, and many children suffer lifelong effects due to their cancers. Just like adults, children can face significant negative consequences as the result of misdiagnosed and undiagnosed cancers. This is true for all of... --- If you have been injured in an accident, your choice of legal representation matters. Not only do you need a Tallahassee personal injury lawyer who has significant experience handling your type of case, but you also need a team of lawyers that is familiar with the city and who can use their local knowledge to help you recover maximum compensation for your personal injury claim. At Searcy Denney, we are committed to fighting for Tallahassee residents who have been harmed by others’ negligence. Located in the historic Towle House on Calhoun Street, our local attorneys bring decades of experience to fighting for victims of vehicle collisions, slips and falls, and other accidents. We also have a nationwide reputation for providing effective representation in medical malpractice and product liability litigation, and we have a long and established track record of securing just compensation for our client's losses. Personal Injury Cases We Handle Our personal injury practice is devoted to representing individuals who have been seriously injured due to the negligence of others. Our attorneys offer skilled, compassionate, and effective legal representation, and we rely on our firm’s substantial resources to aggressively pursue maximum financial compensation for our clients. While we have a strong and deeply rooted commitment to Tallahassee, we also have other Florida offices as well, and we are able to leverage our firm’s statewide presence to our client's advantage. So, how can a Tallahassee personal injury lawyer help you? Our attorneys are available to represent Tallahassee residents in cases including: Car Accidents – Severe traumatic injuries from a car accident can impact your life for years, if not decades, to come. Our attorneys can prove who was at fault in the collision and deal with the insurance companies on your behalf. Truck Accidents – We represent Tallahassee residents who have been injured in commercial truck accidents in the North Florida and South Georgia areas. These cases tend to be exceptionally complicated, and you will need an experienced Tallahassee personal injury lawyer in order to recover just compensation. Medical Malpractice – We are known for our results in medical malpractice We handle cases against doctors, hospitals, and other health care providers involving birth injuries, medication errors, misdiagnoses, and all other forms of medical negligence. Premises Liability – Slips, trips and falls from height can cause serious injuries, as can accidents involving elevators, escalators, construction sites, and other dangers. If you have been injured on public or private property in Tallahassee, we can help you recover just compensation. Product Liability – While most personal injury firms occasionally handle cases involving product defects, product liability litigation is at the core of our practice. Our lawyers in Tallahassee include James Gustafson, Jr. , Cameron Kennedy, and Carter Scott and they each have extensive experience in cases involving dangerous vehicles, medications, consumer goods, and numerous other products. Helping Victims with Injuries of All Kinds What does it take to cause a serious injury? For most people, the answer is, “Not as much as you might think. ” While our bodies are built to withstand most of the physical stresses of day-to-day life, the forces involved in vehicle collisions, falls and other accidents are more than enough to cause life-altering injuries. Due to the financial and non-financial costs associated with these injuries, if you have been hurt in an accident, it is important that you speak with a lawyer about asserting your legal rights. Types of Personal Injury Cases We Handle in Tallahassee Our practice consists of providing legal representation for clients who have suffered catastrophic, life-altering injuries in all types of accidents and collisions.... --- Dog Bite Injuries Can Be Costly and Entitle You to Compensation According to data published by the CDC, over 4. 7 million dog bites happen each year in the United States. Children aged 4-9 years of age are most at risk when it comes to dog bite injuries. Whatever the age of the individual bitten by a dog, the CDC estimates that 1 in 5 dog bite injury victims will require emergency medical care. Under Florida Statute Ch. 767. 04 titled “Dog owner’s liability for damages to persons bitten,” the owner of a dog will be liable for the damages caused by a bite injury when: The person bitten was in a public place The victim was lawfully in a private place This includes the private property of the owner of the dog This means that as long as a person was not trespassing and breaking the law, the dog owner will be liable for the damages of the bite. However, when it comes to children, the situation is different. Children are not considered rational actors by the court, as they do not have the reasoning ability to understand the consequences of their actions. This is why both dog owners and property owners, as we’ll discuss below, must take extra care to keep children safe from hazards. Dog Bite Injury FAQs How Much is My Dog Bite Injury Worth? A dog bite injury is a personal injury, and a personal injury claim is worth what the evidence can prove the related costs and damages will be. Generally, the main parts of a personal injury claim are medical expenses, lost wages while recovering, lost earnings potential due to any lingering disability, lost enjoyment of life, and potentially pain and suffering. Your medical costs are measured through first the emergency room bills, then through follow-up opinions to measure and predict the future medical costs associated with your injuries. This includes any ongoing treatment, rehabilitation, surgeries, medications, and other medical necessities from the time of your injury through the remainder of your life. What Does a Personal Injury Lawyer Do for My Dog Bite Case? The purpose of collecting damages for your dog bite injury or other personal injury is to be put in as close a position as possible as though the accident has not happened. When your finances change due to medical costs and an impact on your ability to work, compensation is meant to make up for that. If your injuries will lead to a loss of enjoyment in life and ongoing pain and suffering, you can also collect compensation for those negative changes in your life. Your personal injury handles your entire claim, which begins with collecting evidence to accurately and completely measure the costs and damages linked to your injury. To collect, it must be proven that the other party was negligent. Your attorney will collect evidence in support of your case and carefully assess the unique facts and circumstances that led to your injury to identify the liable party. How Much Will My Personal Injury Lawyer Cost? Your initial consultation is risk-free and cost-free, and we only get paid if we win on your case. You’ll pay nothing up-front, and nothing out-of-pocket, ever. This is because we take personal injury cases on contingency, which means that we only get paid if we win, out of a portion of the earnings that we’ll agree upon before getting started. During your free initial case assessment, we’ll collect some basic information about your injuries and the accident that caused them. From there we’ll be able to determine if we can... --- Tallahassee Catastrophic Injury Lawyer Fights for Full Recovery for Those Suffering Tragic Injuries When you or a loved one suffer a catastrophic injury, the effects often leave a tremendous impact for the rest of your life. Catastrophic injuries often prevent victims from working or even completing daily tasks most of us take for granted. Medical needs can be extensive as well as expensive—and they may continue indefinitely. A Tallahassee catastrophic injury lawyer cannot turn back the clock to undo tragic injuries and restore lost health. However, a personal injury lawyer who understands the long-term impact of catastrophic injuries could help recover compensation to cover the full range of future needs and offset some of the anguish caused by the experience. What Makes an Injury Catastrophic? Some people injured in car accidents, slip and fall incidents and other tragic events are not certain whether their injuries could be classified as catastrophic. Different medical sources have their own definition of a catastrophic injury, but what these definitions have in common is the concept that an injury is catastrophic when it causes serious damage to a vital component of the body. Often a catastrophic injury results in permanent disability or disfigurement. Many catastrophic injuries involve damage to the brain or spinal cord, but injuries affecting other parts of the body can also be considered catastrophic. Types of Catastrophic Injuries A Tallahassee catastrophic injury lawyer sees many different types of injuries with catastrophic impact on the life of victims as well as their families. These include: Traumatic brain injuries. TBIs occur when force, oxygen deprivation, or another cause damages critical brain tissue. Traumatic brain injuries often impact a victim’s ability to think, process emotions and sensations, and perform actions that require concentration such as reading. Spinal cord injuries. Frequently caused by fractured vertebrae, spinal cord injuries result in paralysis from the site of the injury downward because the injury disrupts the ability to communicate between the brain and other parts of the body. Paralysis is almost always permanent and can impact virtually every aspect of the victim’s life. Burn injuries. Considered the most painful type of injury, severe burns cause not only physical trauma but also emotional pain as well. Often burn injury victims suffer permanent disfigurement that affects their self-perception and interactions with others. Burn injuries also frequently limit mobility. Amputations. The loss of a limb can make it extremely difficult to perform basic functions such as standing, walking or carrying items. Even with expensive prosthetics, amputations limit employment options and lifestyle choices. Moreover, the emotional trauma often never heals. Severe fractures. Although fractures of the skull and spine may cause the most serious damage, severe fractures to other parts of the body can also limit or prohibit use of that body part and result in traumatic pain and disfigurement. Most catastrophic injuries never fully heal. Victims require not only long term medical treatment, but also expensive adaptive equipment and modifications to the home. Many victims of traumatic injuries also require caregivers to assist with the functions of daily living. The financial and emotional toll can be astounding. Causes of Catastrophic Injuries Catastrophic injuries can be caused by a wide variety of incidents. Often, a catastrophic injury lawyer in Tallahassee will see that because of the fragile nature of their bodies, the elderly and young children suffer catastrophic injuries in incidents that result in less serious harm to others. Common causes of catastrophic injuries include: Car accidents Slip and fall events Motorcycle accidents Truck collisions Accidents on boats and cruise ships Pedestrian accidents Bicycle accidents Because of the severity of catastrophic injuries, they... --- Our Tallahassee Product Liability Lawyers Win Billions of Dollars of Compensation for Our Clients. From vehicle components to medical devices, millions of products are recalled each year. However, far more defective products aren’t recalled, and these products are responsible for an untold number of accidents and injuries. Regardless of whether the product that harmed you or your loved one was recalled, you have important legal rights, and it is important that you discuss these rights with skilled Tallahassee product liability lawyers as soon as possible. Personal injury claims involving defective products are governed by the law of “product liability. ” Under Florida’s product liability law (and the laws of other states), proof of negligence is not required in order to file a successful claim. If the evidence shows that a defective product is to blame for your injury or your loved one’s death, it is not necessary to show that the company that made or sold the product knew (or should have known) about the defect. Product liability laws are designed to protect consumers, and they hold companies “strictly liable” for putting dangerous products on store shelves and on the roads. Product Liability Lawyers with a Nationwide Reputation At Searcy Denney, our product liability practice is recognized nationwide, and many of our Tallahassee product liability lawyers are considered leaders in the field. We have led several high-profile mass tort and class action product liability cases, including the $1 billion national Stryker hip replacement settlement, and we have successfully represented numerous Florida residents in individual lawsuits against product designers, manufacturers, and retailers. Product liability lawsuits present unique challenges. While proof of negligence is not required, it can still be extremely difficult to gather the evidence needed in order to prove that a product is defective. In addition, since it is rare for a single product to be defective (a design defect or manufacturing flaw is more likely to affect thousands or millions of products), companies tend to aggressively dispute all product liability claims. Despite these challenges, our firm has still amassed a substantial record of success, and we continue to fight for clients in Tallahassee, throughout Florida, and nationwide. More Than 40 Years of Experience Winning Florida Product Liability Cases Our personal injury firm has been successfully representing clients in product liability cases for more than 45 years, and we are proud of our deep roots in the Tallahassee area. Contact us today to learn how we use our experience to secure just compensation for clients in cases involving: Airplanes We have significant experience representing clients in product liability cases involving aviation accidents. We handle cases involving defects that cause accidents (such as tire and engine failures) as well as cases involving defects that cause accident-related injuries (such as defective seatbelts and overhead compartment latches). Automobiles Defective automobile components are to blame for an alarming number of single-vehicle and multi-vehicle collisions. We handle traditional auto accident litigation as well as product defect litigation involving cars, trucks, vans, motorcycles, and SUVs. Children’s Furniture and Toys Designers and manufacturers of children’s furniture and toys often fail to give due consideration to the safety risks involved with the products they sell. We handle cases involving all types of child-related products, from cribs and beds to motorized and non-motorized children’s bikes and vehicles. Construction Tools and Equipment Construction tools and equipment must work safely in order to avoid exposing workers to the risk of serious and fatal injuries. Defective ladders, scaffolding, power tools, forklifts, safety equipment, and other products are responsible for an alarming number of construction site accidents each year. Electronic Devices From tablets... --- The disorders grouped under the term cerebral palsy (CP) affect a child’s ability to control muscle movements, making it difficult or impossible to accomplish many tasks the rest of us take for granted. Some forms of CP also cause a child to suffer seizures, intellectual disabilities, and difficulties with hearing, speech, and vision. There is no cure. Early intervention, treatment, and therapy can improve functioning to some degree, but those with cerebral palsy often require special assistance for their entire lives. A Tallahassee cerebral palsy lawyer at Searcy Denney helps families obtain the resources they need to care for a child suffering from cerebral palsy caused by the negligence or wrongdoing of others Causes of Cerebral Palsy According to the Centers for Disease Control, cerebral palsy is caused by damage to the brain or abnormal brain development. In the vast majority of cases, this damage occurs before or during birth. In some instances, CP results from a head injury or illness (such as meningitis) after birth. Possible causes of CP include: Damage to the head or skull during delivery Disruption of blood flow to the brain in utero Toxins ingested during pregnancy Complications during delivery (particularly premature delivery) Infections or medical conditions experienced by the mother during pregnancy When a medical mistake that could have been prevented causes cerebral palsy, a Tallahassee cerebral palsy lawyer can file a personal injury claim to recover compensation for the child and family to help meet their expenses and future needs. For instance, an attorney can seek damages if medical staff failed to monitor fetal development or misdiagnosed maternal conditions during pregnancy, if a doctor used excessive force with a vacuum extractor or forceps, if professionals failed to order a Cesarean section in time to prevent brain damage, or if anyone did something that deprived the baby of oxygen before or during birth. If head trauma after birth was the cause of CP, such as in a car accident or a caregiver’s slip and fall, the party responsible for the injury could be held liable for the effects of CP. Types of Cerebral Palsy While there are four main types of cerebral palsy, approximately 80% of people with CP disorders suffer from spastic cerebral palsy. This causes muscles to stiffen, making them difficult to move. Spastic muscles may be located mainly in the legs (spastic diplegia), along one side of the body (spastic hemiplegia), or over most of the body (spastic quadriplegia). Dyskinetic CP causes uncontrollable movements that can be slow (writhing) or rapid (jerking). When dyskinetic CP affects the face and tongue, it causes difficulty swallowing and talking. Muscle tone can vary rapidly from too tight or too loose all in a single day. The other two main types of CP are ataxic cerebral palsy which affects balance and coordination, and mixed cerebral palsy, particularly spastic-dyskinetic CP. A Tallahassee Cerebral Palsy Lawyer Helps Fight for Justice for Your Family When you are caring for a child with cerebral palsy or a child who is not reaching developmental milestones and may be suffering from CP or another medical condition, all your time and energy goes toward meeting the child’s daily needs. But you also need to think of future needs. A dedicated Tallahassee cerebral palsy lawyer can investigate to find answers and help hold responsible parties accountable for mistakes that caused your child’s brain damage and cerebral palsy. Your attorney can advocate for compensation to cover costs for care now and meet long-term needs later. To find out more about how the knowledgeable legal team at Searcy Denney Tallahassee could assist you, call us... --- Our Tallahassee Birth Injury Attorneys are Committed to Helping Families Recover Just Compensation. With today’s medical knowledge and technology, most birth injuries are avoidable. From providing treatment during pregnancy to monitoring the mother and fetus during labor and making proper use of extraction tools during delivery, there are ways to prevent injuries that have the potential to impact children for the rest of their lives. Sadly, mistakes remain common, and our Tallahassee birth injury attorneys routinely represent new parents in birth injury claims against medical facilities throughout Florida and Georgia. If your child has been diagnosed with a birth injury, it is important that you speak with an attorney. The financial costs of treating birth injuries can be substantial, and the non-financial effects can take an enormous toll on both parents and children. If you will be forced to stay home to care for your child, or if your child’s opportunities will be limited as he or she ages, the financial consequences can become even more severe. At Searcy Denney, our medical malpractice attorneys rely on decades of experience to help families who are struggling to cope with the effects of birth injuries; and, if your health care provider is to blame for your child’s condition, we can make sure you receive the compensation to which your family is legally entitled. Claims Our Tallahassee Birth Injury Attorneys Handle Medical errors can cause a multitude of different types of birth injuries. At Searcy Denney, our Tallahassee birth injury attorneys represent families in cases involving injuries including: Anoxia Bone fractures Brain injuries Cerebral palsy Erb’s palsy Hypoxia Infections Shoulder dystocia Spasticity Spinal cord trauma The Statute of Limitations for Birth Injury Cases in Tallahassee No matter how severe an injury may be and how gross the negligence on the part of the person responsible, Florida law still requires a claim for damages to be filed within a specific time limit. This deadline is often referred to as the statute of limitations. Florida lawmakers reduced the statute of limitations for injuries from four years to two years. In many injury cases, the application of the limit is straightforward. For instance, for injuries caused by a car accident, a claim for damages must be filed within two years of the date of the accident. However, for medical injuries, the situation is more complex. The two-year limit still usually applies, but the countdown may not begin right away if the injury was not immediately apparent. Often, with medical malpractice claims, the effects of a doctor’s mistake may not show up for months or even years. So, someone harmed by medical malpractice may have two years from the time they discovered or should have discovered the medical error to file a claim. The delay in starting the countdown toward the two-year limit is itself limited. Generally, a claim for medical malpractice must be filed no later than four years after the medical error, regardless of how long it took to discover the error. But there is still another exception that applies when a child suffers an injury caused by medical malpractice, including birth injuries. Because birth injuries often take so long to show definitive symptoms, in these cases, the statute specifically allows parents to file a claim for the child up until the time a child turns eight years old. Common Medical Errors Resulting in Birth Injuries These and other injuries can result from errors during all phases of pre-pregnancy planning, pregnancy, labor and delivery. When you engage our attorneys to represent you, your birth injury lawyer will work closely with our trusted medical experts to... --- Speak with a Tallahassee Medical Malpractice Lawyer Today No one expects their doctor to make a mistake. No one expects the hospital or clinic where they seek help to mix up their records or make other administrative errors that result in the delivery of improper treatment. Yet, these types of mistakes are alarmingly common, and many patients and parents find themselves in need of legal representation. Each Tallahassee medical malpractice lawyer at our firm knows this all too well. If you believe that your medical condition was not timely diagnosed, if you received the wrong medication, if your child suffered a birth injury, or if you have any other reason to believe that you or a loved one is a victim of medical malpractice, it is important that you speak with an attorney promptly. At Searcy Denney, our personal injury practice handles medical malpractice claims against health care providers throughout Florida and Georgia. We have decades of experience helping individuals and families recover their losses; and, if you are entitled to compensation for medical malpractice, we can make sure you receive the compensation you deserve. Learn More About Our Medical Malpractice Representation As a result of our top Tallahassee medical malpractice lawyer’s extensive experience, we have successfully represented clients in cases involving virtually all types of medical mistakes. This includes securing just compensation on behalf of individuals and families in cases involving: Birth Injuries Delivery and Neonatal NICU Malpractice Cerebral Palsy Hospital and ER Negligence Medication Errors Misdiagnoses Cancer Misdiagnoses Pharmacy Errors   Speak with a Medical Malpractice Attorney --- Injured in an Accident? Find Out if You are Entitled to Compensation from a Tallahassee Car Crash Lawyer When you get seriously injured in a car accident, one of the most important questions you need to answer is whether someone else was to blame. In most cases, this “someone else” is the other driver involved in the collision. If the other driver caused the collision (if he or she was “negligent”), a Tallahassee car crash lawyer can help you seek compensation under the driver’s auto insurance policy. But, what makes a driver negligent? When can you seek fault-based coverage under Florida’s “no-fault” insurance law? Finally, how do you prove negligence in order to seek just compensation? Here’s what you need to know. When is a Driver Considered Negligent Under Florida Law? There are many different forms of driver negligence. In general, a driver is considered negligent in Florida if he or she makes a mistake that causes a crash. Some of the most common types of driver mistakes that lead to car accidents include: Aggressive Driving or Driving Recklessly Driving aggressively or recklessly puts everyone on the road in harm’s way. Unfortunately, many drivers severely overestimate their driving capabilities. While they think they are in control, they are not, and their mistakes end up leading to a lifetime of consequences for innocent drivers and passengers. The terms “aggressive driving” and “reckless driving” encompass many different types of dangerous driving mistakes. Some of the most common types of aggressive and reckless driving include: Unsafe lane changes Unsafe and illegal passing Road rage Running red lights and stop signs Speeding Street racing Tailgating As with the other types of driver negligence discussed above, aggressive driving and reckless driving are ticketable offenses under Florida law. If the other driver received a ticket as a result of causing your (or your loved one’s) accident, this might help prove your claim for compensation, but it will not be enough on its own. You will still need to hire a Tallahassee car crash lawyer to conduct a comprehensive investigation and pursue a claim for negligence on your behalf. Driving While Fatigued Driving while fatigued is also extremely dangerous. Not only are tired drivers at risk for falling asleep behind the wheel, but fatigue can cause tunnel vision, delayed reactions and poor decision-making, just like being drunk behind the wheel. Driving While Distracted Driving while distracted is a leading cause of car crashes in Florida. This includes talking on the phone, texting and sending emails, using social media, following GPS directions, talking to passengers, eating, drinking, rubbernecking, and anything else that can distract a driver from the task at hand. All forms of distracted driving are considered negligent, and you should consult with a Tallahassee car crash attorney promptly if a distracted driver hit you or a loved one. Other Acts of Driver Negligence All types of driving mistakes can lead to serious and fatal collisions. In addition to distracted, fatigued, impaired, aggressive and reckless driving, other common forms of driver negligence include: Driving with worn brake pads or tires Driving without glasses or contacts Failing to check blind spots Failing to signal Failing to yield the right of way Making sudden stops or turns Merging without looking Due to the wide variety of mistakes that constitute negligence under Florida law, you should consult with an attorney regardless of the circumstances involved in your (or your loved one’s) collision. You should not make any assumptions, and you should be careful to avoid mistakes of your own that could jeopardize your claim for just compensation. Talk to a... --- A Tallahassee Injury Law Firm in a Building Filled with History and Charm When Searcy Denney decided to establish a permanent presence in North Florida, we looked for a location that would illustrate our commitment. We wanted a building that had a solid history and a location that demonstrated our dedication. We found the Towle House; some call it the Towle – Yancey House. Searcy Denney Scarola Barnhart & Shipley now calls it home. This historic building lies on Tallahassee’s Calhoun Street; lined by majestic old live oaks covered in Spanish moss. It is the office of Searcy Denney Scarola Barnhart & Shipley and the building’s history is important to our firm because our roots lie deep within Florida. Simon Towle was a successful Tallahassee attorney when, in 1846 or 1847, he built the Towle House on land he had purchased for $220. Mr. Towle, a prominent member of the influential Whig Party, served as Mayor of Tallahassee in 1846 and served as the State of Florida Comptroller from 1847 – 1851. Simon Towle left Tallahassee in the late 1850’s and moved to Michigan where he practiced law. He subsequently moved to Hartford CT and then to Washington DC. Simon Towle came to Tallahassee with his uncle, Frederick Towle. Frederick Towle, a silver smith, opened a jewelry store and apparently prospered in the Tallahassee area. The great storm of 1851 left the newly constructed Towle house largely undamaged. Reports indicate that although many other buildings sustained significant damage, Simon Towle’s house suffered only the “gable end smashed in. ” In 1854, a wealthy plantation owner, Richard Whitaker, purchased the Towle House from Simon and, his second wife, Harriet Towle. Richard Whitaker was the owner of a plantation whose acreage now comprises a part of the Walaunee Plantation east of Centerville Road and a part of Killearn Estates to the west. Although Richard Whitaker died only a couple of years after the purchase, the Whitaker family occupied the residence, by one ancestor or another, until the family sold it in 1906. It was the Whitaker family who added the second story and the columned porch to the Towle House. The addition was put on by a local carpenter, Joseph A Edmundson, who engaged in building and served as a County Commissioner. The Towle house was purchased from Martha Whitaker by Sallie E Blake in 1906. Prior to her purchase of the Towle House, Ms. Blake was the proprietor of Miss Blake’s Sanitarium, located just north of the Leon Hotel. Sallie Blake was an author who wrote the book, Tallahassee of Yesterday, published in 1924. Ms. Blake was a founding member and past president of the Anna Jackson Chapter of the United Daughters of the Confederacy, as well as being a member of the Tallahassee Women’s Club. Sallie Blake also held the position of, first, nurse, and then “Lady Principal” at Florida State University for Women (now Florida State University). It was said that Ms. Blake often held parties at the Towle House; bringing in enormous quantities of flowers to fill the house and grounds. Ms. Blake was apparently close friends of Governor WD Bloxham and travelled with the governor and many mutual friends. In 1922, Sallie Blake sold the Towle House to Mary E. Brewer and in 1942; the house was sold to the City Manager of Tallahassee, Malcolm Yancey and his wife, Anne Mae Mitchell Yancey. Mr. Yancey was an engineer and a well known military veteran of WW I. One of the Yancey’s sons, one of ten children, was pro golfer, Bert Yancey. Mr. Yancey continued as City Manager... --- There are lots of reasons to live in West Palm Beach. From easy access to some of Florida’s best beaches to the broad range of job opportunities, West Palm Beach offers something for everyone regardless of their individual circumstances. Unfortunately, West Palm Beach’s popularity also means that the area has a lot of traffic, and this means that auto accidents happen with regularity. From I-95 to the busy streets of downtown, and from thoroughfares such as Belvedere Road and Haverhill Road to the roads around the area’s world-famous golf courses, car accidents frequently occur throughout the West Palm Beach area. If you or a loved one has been injured in West Palm Beach, contact our experienced West Palm Beach car accident lawyers today. West Palm Beach Car Accident Data Out of all of Florida’s counties, Palm Beach County has one of the highest car accident rates statewide. According to the most recent data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 70 accidents in West Palm Beach and the surrounding areas every single day. The FLHSMV’s data also indicate that: On average, there are more than 27,000 accidents per year in Palm Beach County. Each year, more than 175 people die in car accidents in Palm Beach County. More than half of all accidents in Palm Beach County resulted in non-life-threatening injuries. Drugs and alcohol play a role in more than 500 accidents per year in Palm Beach County. In addition to tens of thousands of car accidents, there are also thousands of motorcycle, bicycle, and pedestrian accidents in Palm Beach County each year. Each year, there are more than 3,000 collisions involving commercial vehicles in Palm Beach County, resulting in hundreds of serious and fatal injuries. Teen drivers and those under the age of 24 are to blame for approximately one-quarter of all serious and fatal auto accidents in Palm Beach County. While these statistics cover all of Palm Beach County, the majority of the accidents in the county occur within the city limits of West Palm Beach. However, regardless of where an accident occurs, the victim's legal rights are the same, and drivers can be held legally accountable when they make mistakes that lead to significant, permanent, or fatal injuries. What Happens After a Car Accident in West Palm Beach? If you have been involved in a car accident in West Palm Beach, there are some important steps you will need to take in order to protect your legal rights. Unfortunately, simply filing an insurance claim and waiting to receive payment is not enough. While the insurance companies have an obligation to handle all car accident claims in good faith, (i) they do not always do so; and (ii) handling your claim in good faith does not mean helping you prove your right to compensation or the amount you are entitled to recover. As a result, when dealing with the aftermath of a car accident, it is up to you to make sure you are fairly compensated. It is up to you to obtain the medical treatment you need, and it is up to you to hire an experienced attorney to represent you. Due to the complexities involved in filing an auto insurance claim in Florida (and the fact that you could be entitled to additional compensation outside of insurance), it is extremely important that you hire an experienced Florida car accident attorney in West Palm Beach to assert your legal rights on your behalf. How Does Auto Insurance Work in a West Palm Beach Car Accident? One of the first... --- All companies have corporate responsibilities. These include responsibilities to sell products that are safe for their intended use and to take appropriate measures to avoid causing physical or financial harm to consumers. Unfortunately, many companies fall far short of meeting their obligations. If you were among the many harmed by the negligence of these companies, you owe it to yourself to schedule a consultation with a West Palm Beach mass tort lawyer. When companies sell dangerous products or engage in unlawful practices, the consequences can be widespread. Many individuals and families can suffer substantial losses. Mass tort litigation affords an opportunity for these individuals and families to recover their losses; and, at Searcy Denney Scarola Barnhart & Shipley, we have helped numerous clients recover financial compensation through this process. We Handle All Types of Mass Tort Claims With multiple offices in West Palm Beach and across Florida, we handle all varieties of mass tort litigation on behalf of local residents as well as cases nationwide. We have won cases against many of the world’s largest companies, and these cases have resulted in billions of dollars in compensation going to our clients. Our experience includes successfully representing large numbers of clients in cases involving: Dangerous Home Goods, Toys and Other Consumer Products Drug and Pharmaceutical Defects Foodborne Illnesses and Other Food-Related Risks Medical Device Defects Railroad and Aviation Catastrophes Improper Healthcare and Insurance Practices Vehicle Defects Other Mass Tort Claims What Should You Do if You Have a Claim? If you believe that you may be entitled to compensation, there are some steps you should try to take right away. These steps include: Get Medical Treatment – It is extremely important that you get medical treatment for yourself or your loved one as soon as possible. Tell your doctor what happened, and ask for copies of your records before you leave. Keep the Dangerous or Defective Product – If your case involves a dangerous drug or defective product, be sure to keep the product or any remnants (if available). Keep the box or bottle and any additional packaging materials as well. Keep All Documentation – You should start a file where you keep all documentation related to your mass tort claim. This includes any documentation related to the product or service, your medical records and your employment records (if you miss time from work). Talk to a Mass Tort Lawyer Promptly – To make sure you have the best chance of recovering maximum compensation, you should talk to a mass tort lawyer right away. When you contact us, our lawyers will thoroughly assess your rights, and we will help you make informed decisions going forward. Schedule a Free Initial Consultation with a Winning West Palm Beach Mass Tort Lawyer Our firm has more than 45 years of experience handling complex mass tort cases in Florida and nationwide. We are currently accepting new cases, and we have several pending cases and investigations involving a variety of consumer products and services. To speak with a West Palm Beach mass tort lawyer at Searcy Denney Scarola Barnhart & Shipley in confidence, call 800-780-8607 or request a free initial consultation online now. --- If you have been injured by a dangerous or defective product, there is a good chance you are not alone. Defective products often injure hundreds – if not thousands – of people, many of whom face consequences for the rest of their lives. Our Tampa mass tort lawyers are highly experienced at handling these types of cases. We have won mass tort cases against many of the world’s largest companies, and we have secured billions of dollars in compensation for our clients. Do not make the mistake of assuming that your case is too small to fight. Mass Tort Cases We Handle in Tampa We handle all types of mass tort cases on behalf of Tampa residents and families, and we have particular experience in cases involving: Defective Drugs Dangerous and defective drugs prescribed to patients or used during the course of medical treatment can present a variety of risks. From prescribed medications to birth control, and from heart attacks to Stevens-Johnson Syndrome, we handle cases involving all types of defective drugs and all types of adverse effects. Defective Medical Devices Defective medical devices can present a broad range of risks as well. This includes both medical devices used by doctors (i. e. robotic surgery equipment) and medical devices implanted in patients (i. e. IUDs and hip replacements). We have helped numerous patients and families recover compensation for defective medical devices. Defective Vehicle Components Vehicle manufacturers regularly issue recalls for defects—some of which are far more dangerous than others. From airbags to brakes, many types of vehicle defects can present risks for serious or fatal injuries. Other Defective Products Any product has the potential to be defective, and this means that any product has the potential to cause widespread harm. When manufacturers and retailers put dangerous products on the market, they deserve to be held accountable. Our mass tort practice encompasses all types of defective product cases, from household goods and children’s toys to railroad car and aviation components. How Do You Start or Join a Mass Tort Case? If you have a mass tort claim, how do you get started? Or, how do you join an existing mass tort lawsuit? At this point, your priority should be to speak with a lawyer. We provide free consultations, and we have many investigations and cases pending. Our lawyers will thoroughly assess your rights; and, if you have a claim, we will use our experience to fight for just compensation on your behalf. Talk to a Tampa Mass Tort Lawyer for Free Do you have the right to recover financial compensation in a mass tort case? Contact us to find out. To schedule a free, no-obligation consultation with a Tampa mass tort lawyer at Searcy Denney Scarola Barnhart & Shipley, call 800-780-8607 or tell us how we can reach you online now. --- Businesses and other property owners have a legal obligation to help protect the safety of people who lawfully visit their property. That includes ensuring that the premises are in a safe condition and providing adequate security protections, which vary based on the circumstances. When property owners do not live up to these responsibilities, it can cause serious injuries to customers, guests, employees, and others. At Searcy Denney, we help people injured due to inadequate or negligent security get the full compensation available. Whether you have been victimized by an attack in an office building parking lot, a theft at an apartment complex or a sexual assault at a hotel, a West Palm Beach negligent security lawyer at our firm will work tirelessly to ensure that those responsible are held fully responsible for their actions. Common Examples of Inadequate Security in West Palm Beach The type of security that a commercial property owner must provide for people lawfully on the premises varies depending on the situation. However, property owners are generally liable for foreseeable actions and injuries caused or made worse by inadequate security. Any West Palm Beach negligent security attorney at our firm will tell you that some of the more common cases we see involve: Poor lighting No or not enough security guards Security guards who are not adequately trained Broken or malfunctioning locks Broken, malfunctioning or improperly placed security cameras Inadequate parking lot surveillance Ineffective fencing Insufficient employee background checks These security failures can lead to tragic consequences for visitors, guests, employees, business partners, and others. That includes being victimized by crimes like: Theft Robbery Assault and battery Stabbing Shooting Kidnapping Sexual assault Rape Murder These crimes can change a person’s life in an instant. Although the person committing the crime is primarily to blame, property owners often also bear responsibility for not taking basic steps to stop it from happening. It is vital that anyone who has been victimized as a result of negligent security seek the advice and counsel of a seasoned personal injury attorney. A West Palm Beach inadequate security lawyer at Searcy Denney will investigate the situation to conclusively determine the cause of your injuries and identify those responsible. We will also work diligently to build the strongest possible case for money damages. Legal Rights for People Injured by Inadequate Security Anyone who has been injured as a result of negligent security in Florida has the right to seek compensation from those responsible for the injuries. That includes the owner of the property on which the incident occurred. The compensation typically available in negligent security cases includes money for medical bills, property damage, missed wages during recovery, and any impact on the injuries on a person’s long-term earning capacity. Additional compensation is often available for pain, suffering, and emotional distress, as well as in certain situations to punish people or entities for, particularly reckless behavior. In the unthinkable situation in which a person dies due to negligent or inadequate security, their loved ones have the right to sue for wrongful death. A lawsuit will not undo a family member’s death, but it can help ease the financial burden that often comes with these tragedies. To get money damages, you have to be able to identify the person or entity responsible for your injuries and prove legal liability. That often means filing a lawsuit asking a court to award you compensation. The Legal Process for a Claim Against a Property Owner The process typically starts with a demand letter. The letter informs the person or entity responsible for your injuries (and their insurers) that you... --- When accidents happen, they can cause a wide range of injuries that span from relatively minor bumps and bruises to those that can change a person’s life forever or even result in death. It is something our West Palm Beach catastrophic injury attorney team sees every day. At Searcy Denney, our personal injury lawyers have dedicated their careers to helping people injured in a wide variety of accidents. Whether it is a car crash, a slip, and fall, or an incident of medical malpractice, a West Palm Beach catastrophic injury lawyer at our firm will identify the people or entities that caused your injuries and build the strongest possible case for money damages. Do not just take our word for it: Our firm’s track record of success speaks for itself. We are pleased to have secured several six- and seven-figure verdicts and settlements for individuals and families throughout the state. What Makes an Injury Catastrophic? A catastrophic injury is a term used to describe those injuries that cause a permanent disability, such as spinal cord damage, paralysis, brain damage, amputations, and severe burns. These injuries often prevent people from returning to many daily activities that they enjoyed before the accident. They can also make it harder to earn a living, even as medical bills related to the injury, treatment, and ongoing care pile up. Fortunately, anyone who suffers a catastrophic injury in Florida has the right to seek compensation from those responsible when working with a West Palm Beach catastrophic injury attorney. It is vital that you have a seasoned personal injury lawyer in your corner to maximize your compensation and ensure that those responsible for an accident are held fully accountable for their actions. Common Catastrophic Injuries in West Palm Beach Caused by Accidents Traumatic Brain Injuries TBI A traumatic brain injury (TBI) is caused by trauma to the head and brain, resulting in a severe, debilitating, and often deadly injury. TBIs are very common in the U. S. , according to a report by the Centers for Disease Control and Prevention (CDC), there are an estimated 1. 5 million TBIs each year, and they are the leading cause of death and disability among children and young adults. Slips, trips, falls, and vehicular accidents are all common causes of TBIs. Although TBIs are rather common, they are difficult to diagnose. As a result, it is critical that you get medical attention as soon as possible if you have been injured in an accident. Victims of TBIs often suffer from the long-term implications of this devastating injury. Individuals may struggle to perform at work, engage in daily activities, or with their own primary care. Each TBI is unique, and victims of this type of injury should be treated individually. A West Palm Beach catastrophic injury lawyer can help you recover the damages you deserve and need to move forward. Severe Burns While burn injuries are prevalent, some can be categorized as severe and can leave victims with life-long debilitating injuries. Victims of severe burn injuries often require intensive medical treatment and spend weeks in a hospital burn center. In addition, burn injuries are excruciatingly painful and can prevent people from returning to work or school. These implications can take a significant toll on people emotionally and financially. Some common causes of burns include residential fires, industrial fires, hot liquids, chemical spills, motor vehicle accidents, kitchen fires, electrical wires, and explosions. These types of accidents leave victims suffering from different severities of burns: First-degree: This type of burn affects the outer layer of your skin, such as a sunburn. Most do... --- Bicycles are an increasingly popular form of exercise and transportation in South Florida, where the weather makes it possible to use two wheels to get around most of the year. But with bicycles comes the risk of bicycle accidents, which often can result in serious and even life-altering injuries. At Searcy Denney, our West Palm Beach bicycle accident lawyer team helps people injured in bicycle accidents get back on their feet with the proper compensation available to them under the law. We combine decades of legal experience and a track record of successful results for our clients in the courtroom and through negotiated settlements. A West Palm Beach bicycle accident lawyer at our firm will evaluate your case, explain your rights and explore your options for seeking money damages. Contributing Factors to Bicycle Accidents in West Palm Beach According to Florida Highway Safety and Motor Vehicles data, some 160 people are killed in bicycle accidents every year across the state. That is not to mention the hundreds of bike accidents that result in a wide range of injuries, from broken bones to spine damage and head trauma. Bicyclists are particularly at risk because they often have little or no time to dodge oncoming traffic and have minimal if any, physical protection when collisions happen. In addition, many roads and streets in West Palm Beach and throughout the state were not designed with bicyclists in mind. Combine that with heavy vehicle traffic and negligent drivers, and you have a recipe for potential disaster. And then there is bicyclist error. Whether it is blowing through stop signs and traffic lights, failing to signal turns, or refusing to merge with other traffic properly, some bikers put themselves and others on the road at risk. Although helmets and reflective clothing can save lives, many cyclists hit the road with no safety equipment whatsoever. Bicycle accidents often happen in heavy traffic areas after dusk, when bikers can be harder for drivers to spot. Nearly one-quarter of crashes across the country involve cyclists with at least some alcohol in their systems, while about 20% include cyclists whose blood alcohol content is at or above the legal limit for driving, according to data compiled by the National Highway Traffic Safety Administration. Because there are so many different factors potentially at play in a bicycle accident, it is crucial for anyone injured in a crash to consult an experienced lawyer. A West Palm Beach bicycle accident attorney at Searcy Denney will thoroughly investigate the accident to determine how it happened and who is legally responsible. Common Bicycle Accident Injuries When bicycle accidents happen, the consequences can be tragic. Even for cyclists who survive a crash, the injuries they sustain can severely limit their ability to enjoy daily activities and earn a living. A West Palm Beach bicycle accident lawyer at our firm will tell you that some of the most common injuries that we see in bicycle accident cases include: Gashes, cuts, bruises Road rash Broken bones Herniated disc and back injuries Neck and spine injuries Paralysis Traumatic brain injuries These kinds of injuries often require hospital stays and significant medical treatment that can bring mounting doctor’s bills. That is not to mention the pain and emotional distress that regularly comes with being injured in a bicycle accident. Anyone involved in a bicycle accident must seek medical assistance as soon as possible. In some situations, the full extent of any injuries may not be obvious to the person injured until well after the crash happens. Our West Palm Beach Bicycle Accident Attorney Explains the Current Bicycle Laws One... --- The decision to move a loved one to a nursing home — and the choice between various facilities — is often a difficult one that comes after extensive discussion and research, as well as onsite visits. These decisions also require a significant amount of trust and even faith in nursing home operators and their staff. Unfortunately, not all of them live up to their responsibilities, and that’s when a West Palm Beach nursing home abuse lawyer can step in to help. Nursing home neglect and abuse is a real threat to seniors and their families in Florida and across the country. Nursing home residents are often some of the most vulnerable members of a community, yet the homes and staff entrusted with helping keep them safe are often found to be failing their jobs. At Searcy Denney, we help people and families hold nursing homes responsible for abuse and neglect. A West Palm Beach nursing home abuse lawyer at our firm will help you understand your rights and options for seeking compensation for any injuries. What is Considered Abuse in West Palm Beach Nursing Homes? Nursing home abuse is a general term used to describe a wide range of harmful behavior, from neglect that leads to bedsores to sexual abuse of residents by nursing home staff. Nursing home residents are often highly dependent on others for daily care and assistance. As a result, certain neglect that might not be legally actionable in other settings can have life-altering consequences when it happens in a nursing home. Failure to help a nursing home resident eat and drink, for example, or to ensure that they get the medication they need can result in serious injury and even death. A West Palm Beach nursing home abuse attorney at our firm will tell you that some of the more common forms of abuse are those connected to neglect. These wrongdoings include: Leaving residents unattended for long periods Declining to help residents use the restroom and clean up after bodily function accidents Forgetting or refusing to administer medication; improperly administering medication Failing to provide food and water Failing to clean rooms Refusing to provide regular baths Forgetting to change bed sheets Ignoring residents’ complaints Failing to report resident’s injuries or illnesses Negligent security and inadequate safety precautions Then there is active abuse. The sad fact is that some nursing homes and their staff take physical, mental, and emotional advantage of their residents. That can happen in many different ways, including physically harming a resident and using threats or abuse to take control of the person’s finances. Common Injuries for Nursing Home Residents Our West Palm Beach nursing home abuse attorney sees a variety of injuries in nursing home residents, including the following: Striking, punching, kicking, pushing residents Causing residents to strike each other Using physical restraints Isolating residents Name-calling, insults, threats Controlling residents’ communication with family, friends, and others outside of the nursing home Regardless of the type of neglect or abuse, nursing home residents and their families have the right to take action against home operators who allow it to happen. That includes seeking compensation for any injuries, illnesses, and other medical conditions caused or made worse by neglect or abuse, as well as filing complaints with local police and regulatory authorities. A West Palm Beach nursing home abuse lawyer can help you take legal action against those responsible for abuse and neglect and obtain the full compensation available under the law. What Laws Protect Florida Nursing Home Residents? A variety of federal and state laws require nursing home operators to provide a certain level... --- Boating is a popular activity in West Palm Beach, thanks to its location along the Intracoastal waterway, access to the Atlantic Ocean, and a climate that makes hitting the water possible year-round. With boats, unfortunately, also comes the risk of a wide range of boat accidents that range from the seemingly minor to the devastating and even fatal. At Searcy Denney, our attorneys have been helping people injured in boat accidents in West Palm Beach and across Florida for decades. A West Palm Beach boat accident lawyer at our firm will help you understand your rights and explore your options for seeking compensation for your injury. We are seasoned litigators and accomplished negotiators with a track record of success in the courtroom and through negotiated settlements. Why Boating Accidents Happen in Florida and Elsewhere Throughout the Country With some 1 million boats registered across Florida and more than 11,000 miles of river and 3,500 miles of coastline to explore, it is no surprise that accidents involving boats can and do happen. An experienced West Palm Beach boat accident attorney will tell you, however, that many of these mishaps can be prevented. The top five primary contributing factors in recreational boating accidents across the country, according to the U. S Coast Guard are: Operator inattention Improper lookout Operator inexperience Excessive speed Alcohol use Machinery failure Navigation rules violation Weather Hazardous waters Force of wave Lack of operator training and drinking and boating are particularly dangerous threats, the Coast Guard data show. Some 70% of fatal boating accidents involve vessels for which the operator had not received boating safety instruction. Meanwhile, alcohol is the primary factor in nearly a quarter (23%) of boating accidents that result in death across the country. The statistics also detail just how important it is for people to wear life jackets. More than 82% of all drowning deaths in boat accidents involve people who are not wearing a safety vest. Speed and Reckless Boating Kills Unlike cars and other vehicles, boats do not have brakes. That means they can be difficult to stop when moving at high speeds, especially when the person operating the vessel is inexperienced, not properly trained, or intoxicated by drugs or alcohol. Speeding also makes it harder to react to avoid hazards, whether it is another boat, swimmers, or objects that could cause serious damage to the boat. High speeds additionally make it more difficult for passengers to maintain their balance and footing, increasing the risk that a person is thrown overboard. Although speeding is a common mistake, it is not the only example of reckless boating. Whether an operator is distracted, inexperienced, or just plain does not care about safe boating and following navigational rules, it can have devastating consequences. Ignoring “no wake” zones, overlooking weather reports, overloading the boat, failing to properly drop anchor and operating hazardously in difficult weather conditions can have tragic results. When a reckless operator causes an accident or fatality, those injured have the right to seek compensation from the person, his or her insurer, and others who may be liable for the crash. A West Palm Beach boating accident lawyer at Searcy Denney can help with your case based on your specific situation. Our West Palm Beach Boat Accident Lawyer Explains Why Boat Maintenance Matters Boat maintenance issues are another form of human error that can lead to tragedy at sea. Keeping a vessel safe and seaworthy requires a lot of work, including regular inspection and maintenance. When problems go unnoticed or unattended, they can result in a wide range of accidents, from engine failure that... --- A fun and relaxing day at the pool can turn tragic in an instant. From a slip and fall on a slippery deck to a drowning, swimming pool accidents can and do happen, resulting in serious, life-threatening injuries and death. A West Palm Beach swimming pool accident lawyer will fight tirelessly for you in the courtroom and at the negotiating table. Searcy Denney is a full-service Florida personal injury law firm whose attorneys help people injured in swimming pools and other types of accidents get the maximum compensation available under the law. We understand the pain and stress that come with these accidents, both for the person injured and his or her family. Our West Palm Beach Swimming Pool Accident Attorneys Outline the Potential for Accidents Swimming pool accidents are more common than you might think, especially in places like Florida where visiting the pool is a popular way to cool down and have fun year-round. More than 3,500 people die in unintentional drownings across the country each year, according to the Centers for Disease Control and Prevention. Some 80% of drowning victims are male, while nearly 20% - or about one in five - of those people are children ages 14 and younger, the federal agency reports. Younger children are, particularly at risk. Children ages one to four have the highest drowning rates, with drowning accounting for one-third of all accidental deaths in the age range. Drowning is responsible for more deaths among children in this age group than any other cause, except for congenital defects. For people who survive drowning accidents, the consequences can change their lives forever. Brain damage can cause memory loss, impact speech, and result in a permanent vegetative state for the victims, and according to the CDC, such results are common in non-fatal drowning accidents. Also, there are various other types of accidents that can happen in or around a pool. For example, slick surfaces pose a potential risk, whether you are walking along the deck, using a ladder to get in or out of the pool, or using a diving board. Defective and malfunctioning drains have also been blamed for serious and fatal injuries, while broken glass and debris and unsafe level of chemicals in the water increase the risk of an accident. A West Palm Beach swimming pool accident attorney at Searcy Denney will investigate the accident to determine the cause and identify those legally responsible. Common Causes of Drowning Accidents in Florida and Elsewhere Swimming pool drowning accidents happen for different reasons that are caused by various factors. The CDC has identified some of the most common factors and notes that combating them generally comes down to supervision, barriers, and being ready in the event of an emergency. Their list includes: Inability to swim: Young children are especially at risk because they cannot swim. Older children and adults without formal swim lessons are also more likely than others to be involved in drowning accidents. Lack of supervision: It is crucial to have a responsible adult constantly watching children when they play in and around a pool. Public pools should also have adequately trained and alert lifeguards on duty. Inadequate barriers: Home pool drownings frequently occur outside of “swim time. ” Fences and other barriers help prevent children and others from getting in the pool unnoticed. They should have a deadbolt or other locks that are outside the reach of children. Pool owners should also clear the surrounding area of floats and other toys when the pool is not in use so as not to tempt young children to enter without supervision.... --- Some of the most common and frequently used products are also some of the most dangerous. Whether it is a malfunctioning kitchen appliance, a poorly designed children’s toy, a medical device that is unsafe for use, or a defective vehicle, the unfortunate truth is that hazards associated with a wide variety of products are not obvious to users until it is far too late. A West Palm Beach product liability lawyer will help you evaluate your case, understand your rights and options, and seek compensation from those responsible. Searcy Denney is a full-service South Florida personal injury law firm whose attorneys help people and families injured by a wide range of harmful, defective, and malfunctioning products. Car Defects: A Common Claim for Our Our West Palm Beach Product Liability Attorneys People spend a lot of time in their cars, whether it is for a family drive to the beach or sitting in traffic on the Florida Turnpike during a morning commute to work. For many, buying a car is one of the biggest purchases they will make. That is why it is frustrating when defects and other issues rear their ugly heads long after you have driven off the dealership lot. Car defects come in all shapes and sizes, from relatively minor issues with the interior fabric to serious wiring and engine problems that could cause a vehicle to burst into flames. Some of the most common defects that our West Palm Beach product liability lawyer sees include: Faulty brake lights Malfunctioning seat belts Steering component flaws Fuel pump problems Suspension defects Windshield wipers that do not work Roofs that collapse during rollover accidents Broken backup cameras Defects that cause stalling Malfunctioning and exploding airbags These and other defects pose a serious safety threat to drivers, passengers and everyone else on the road. They can be the cause of an accident and make injuries worse than they otherwise would be in the event of a crash. The problem is that many defects go unnoticed until it is too late and they have already caused serious injuries or even death. Carmakers recall millions of vehicles around the globe per year, citing a wide range of defects, often for cars that are several years old by the time the recall is announced. Defective Airbags are a Common Source of Product Liability Lawsuits Take, for example, the worldwide recall of Takata airbags that have been ongoing for a decade. The world’s largest auto manufacturers have recalled tens of millions of Takata airbags because of a defect that could cause the safety devices to deploy and explode inappropriately, sending shards of metal, glass, and other material into the car without warning and injuring people inside. But the recalls did not start until people had already died as a result of exploding airbags. Meanwhile, more deaths happened while airbags were being replaced. For instance, a Florida woman was killed in a 2017 accident after the airbag in her Honda Accord exploded and she was struck by shrapnel. Car owners who are injured in accidents caused or made worse by vehicle defects have the right to seek compensation from the manufacturer. They can also seek to hold the manufacturer responsible for any injuries the accident causes to others in the crash, whether it is a passenger or someone in another car. Other drivers, passengers, and pedestrians can also seek money damages from a vehicle manufacturer for injuries caused by a defective vehicle or parts. Swimming Pool and Equipment Defects in Florida Swimming pool defects and malfunctioning equipment are a particular threat in Florida, where going to... --- Car accidents are part of the risk that comes with getting in a vehicle, whether you are behind the wheel or in a passenger seat. But people in cars are not the only ones who can be injured in these crashes. Pedestrians are injured in a wide variety of collisions with vehicles every day across the country and around the world. That is particularly true in South Florida, where many people use their own two feet to get from Point A to Point B. A West Palm Beach pedestrian accident lawyer at our firm will take the time to figure out how the crash happened and to fully understand your individual situation and needs. When these accidents happen, pedestrians often have little time to react and no physical protection from oncoming vehicles. That is why pedestrian accidents often come with serious and even life-threatening injuries. There is some good news, however: pedestrians injured by negligent drivers have the right to fight back and get compensation for their injuries. At Searcy Denney, we help people and families maximize the money damages available under the law and ensure that those responsible for a crash are held fully responsible. Our attorneys combine decades of experience in these and other accident cases. We are proud of our track record of successful results for the people and families that we represent. Florida ‘Most Dangerous’ for Pedestrians Pedestrian accidents are far too common across Florida. The Sunshine State has been deemed the most dangerous in the country for pedestrians. A report by Smart Growth America also listed West Palm Beach, Fort Lauderdale, and Miami among the 15 most dangerous metro areas for people on two feet. Some 10,000 people are injured in pedestrian accidents in Florida each year, with nearly 750 of those people killed. Those numbers have steadily increased over the last decade, according to data compiled by Florida Highway Safety and Motor Vehicles. There are several reasons why pedestrians are particularly at risk in Florida, including the heavy volume of traffic on roads across the state every day. In addition, pedestrians, bicycle riders, and others not in cars are unfortunately often an afterthought when authorities design, construct, repair, and expand roadways. Fatal accidents involving pedestrians struck by cars have jumped by more than 50% across the U. S. in the last 10 years, a recent study by AAA shows. The vast majority of the uptick came in accidents involving pedestrians walking in areas not designated for foot traffic and/or after dark. Additional research shows that sport utility vehicles pose a particular threat to pedestrians. SUVs are more likely than other cars to cause fatalities in accidents, the Insurance Institute for Highway Safety concluded. When accidents happen, pedestrians who are injured - and, in some cases, their families - have the right to seek compensation from those responsible. A West Palm Beach pedestrian accident attorney at Searcy Denney can help you understand your rights and explore your options. Common Causes of Pedestrian Accidents in West Palm Beach Pedestrian accidents can happen in a number of different ways and be caused by a variety of factors. Driver negligence - including distraction, aggressive driving, and getting behind the wheel while intoxicated - is often to blame. However, poor street design and construction, hazardous road conditions, and vehicle defects can also wreak havoc. A seasoned West Palm Beach pedestrian accident lawyer will tell you that some factors are more common in pedestrian accidents. At Searcy Denney, we commonly see collisions involving pedestrians caused by: Distracted, fatigued driving Speeding Running red lights and stop signs Road rage Illegal or... --- Accidents are a part of life, whether it is a slip and fall on a slick grocery store aisle or a trip on a loose staircase. When they happen on someone else’s property, a person who is injured in an accident has the right to seek compensation from the property owner and others who may be legally responsible. A West Palm Beach premises liability lawyer at Searcy Denney can help you legally obtain compensation. This compensation is often crucial to helping people manage mounting medical bills, missed wages, and other financial implications related to an accident. It can help people and families move on with their lives after an accident with some peace of mind and financial security. At Searcy Denney, our attorneys have been helping people get compensation for their injuries for decades. We understand the pain and stress that often comes with being injured in an accident, especially when it is caused through no fault of your own. A West Palm Beach premises liability lawyer at our firm will take the time to fully understand your situation and craft a legal strategy tailored to your goals. Our track record of success - including a number of six- and seven-figure awards for our clients - speaks for itself. Common Premises Liability Accidents in Florida Premises liability accidents come in many shapes and sizes. What they all have in common is that these accidents can cause a wide range of injuries, including those that are serious and even life-threatening. Any experienced West Palm Beach premises liability attorney will tell you that some accidents are more common than others. At Searcy Denney, we regularly see the following types of premises liability accidents: Slips and falls: These common accidents - including trips, stumbles and similar falls - can be caused by everything from a wet sidewalk to a cluttered walkway. Swimming pool accidents: Pools are a popular way to stay cool and have fun in the Sunshine State. They also pose a serious safety hazard if not properly maintained and supervised. Dog bites: Vicious animal attacks can cause serious injuries and significant emotional trauma. Elevator, escalator accidents: When elevators and escalators malfunction, it can come with serious consequences. Construction site accidents: Building sites are often home to a wide range of potential hazards. Accidents involving construction workers are regularly covered by workers’ compensation benefits programs. Negligent security: Hotel, retail and entertainment venues, like other property owners, are required to take steps to address potential safety hazards. Nursing home accidents: Eldery people and others with medical conditions are particularly prone to injury in the event of a slip and fall or other accident. Lead poisoning: Lead exposure can cause a wide variety of illnesses, posing a threat specifically for small children. Whatever the type of accident, a person injured on another’s property has the right to seek compensation for those injuries. It is vital to have an experienced personal injury lawyer in your corner. A West Palm Beach premises liability attorney will help you understand your rights, explore your options and build the strongest possible claim for money damages. Property Owner Liability for Accidents Property owners in Florida owe a “duty of care” to others on the property, which generally requires them to maintain the premises in a reasonably safe condition and in some cases requires them to warn others of certain hazards. The specific duty of care at play in any situation varies based on the type of visitor. Under Florida law, visitors are generally divided into three categories. #1: Business Invitee to a Property in West Palm Beach An invitee is... --- There is nothing quite like seeing the Sunshine State on two wheels. The freedom and enjoyment that comes with hitting the road in Florida on a motorcycle also has its risks. Motorcycle accidents can and do happen. When they occur, crashes often cause serious and sometimes life-threatening injuries, but a West Palm Beach motorcycle accident lawyer can help. Bikers have very little physical protection between them, oncoming traffic and the pavement. Fortunately, anyone injured in a motorcycle crash in Florida has the right to seek compensation for his or her injuries. A West Palm Beach motorcycle accident lawyer at Searcy Denney is here for you and your loved ones after an accident. Our attorneys combine decades of experience in the courtroom and at the negotiating table to help clients get the full compensation available under the law. We have dedicated our professional lives to helping people and families in the community. Our firm has a proud track record of successful results, including a number of six- and seven-figure verdicts and settlements for our clients. Common Types of Motorcycle Accidents in Florida The threat of an accident is part of life on the road for motorcycle riders. More than 8,000 motorcycle crashes happen in Florida each year, causing more than 500 deaths. In Palm Beach County alone, motorcycle riders are involved in nearly 500 accidents and 25 bikers are killed annually. Crashes can be caused by a wide variety of factors, including many outside the control of the motorcycle rider involved in the collision. An experienced West Palm Beach motorcycle accident attorney will tell you that some of the most common types of motorcycle wrecks in Florida include: Front-End Crashes These accidents often happen when a driver stops abruptly ahead of a motorcycle, causing the front of the bike to collide with the back of the car. They typically occur in heavy traffic, where a driver loses focus and is forced to slam on the brakes unexpectedly, or where a motorcyclist is following too closely. They can also be caused by potholes and other unsafe road conditions, as well as malfunctioning brake lights. Rear-End Crashes These collisions occur when the motorcycle stops quickly or unexpectedly and the vehicle behind it collides with the back of the bike. Motorcycles are capable of stopping and slowing faster than cars, which means that other vehicles should give bikes more following distance. Although rear-end crashes between two cars are often relatively minor fender benders, these accidents can have devastating results when involving a motorcycle. Lane-Changing Collisions Motorcycles can be more difficult to spot than other vehicles for some drivers, given their size and ability to navigate traffic. That makes lane-changing accidents common, especially when drivers weave in and out of traffic or do not properly check blind spots before changing lanes. T-Bone Motorcycle Accidents Also called broadside or side impact crashes, these collisions happen when the front of one vehicle slams into the side of another. These crashes are particularly dangerous because they leave motorcyclists, drivers or passengers on the side impacted with little protection. They often happen at intersections and in other situations in which at least one car fails to properly yield. Wide Turn Accidents The accidents typically occur when motorcycles navigate wide corners, forcing a wide turn. They can cause the bike to spin out if the rider goes too heavy on the brake or run wide, resulting in a collision. Left Turn Crashes: These crashes usually happen when a vehicle other than the motorcycle is turning left. They account for a large share of motorcycle accidents, often because drivers do not... --- Individuals and families put a tremendous amount of faith and trust into medical professionals. Unfortunately, doctors and other health care workers do not always live up to the significant responsibility that comes with the profession. When they fall short, it can have devastating consequences. When they fall short, Searcy Denney and our West Palm Beach medical malpractice attorney team stands up. At Searcy Denney, we help people and families injured by medical malpractice get the compensation that they deserve. We know that there is no amount of money that will allow you to go back in time and stop the injuries from happening in the first place. We fight tirelessly to get the people that we represent fair compensation to help them move on and ease the financial burden that can come with medical errors and negligence. Hospitals and large medical care companies are equipped with large teams of expensive lawyers. It is vital that you have a seasoned attorney with a strong track record in your corner. A West Palm Beach medical malpractice attorney at Searcy Denney will identify those responsible for malpractice and ensure that they are held fully accountable. We combine decades of experience in these cases and have a record of success for the people that we represent. Medical Malpractice vs. Medical Risks All medical treatments and procedures come with a certain risk that they will not effectively address the condition or problem. When medical professionals do everything in their power and simply are unable to reach a successful result, that is not medical malpractice. In this instance, a West Palm Beach medical malpractice attorney likely won’t be able to assist. Instead, malpractice happens when doctors and others cut corners, fail to properly diagnose and treat patients, or make mistakes in treatment and procedures. This can cause serious and life-threatening injuries that require more treatment and pile up medical expenses. Types of Medical Malpractice Cases a West Palm Beach Medical Malpractice Attorney Can Help With Medical malpractice generally occurs when healthcare professionals do not live up to a certain standard, based on their training and experience. It can happen in a number of different ways and result in an array of injuries and illnesses, including by making existing conditions worse. An experienced West Palm Beach medical malpractice attorney will tell you that some types of accidents and mistakes are more common than others in medical settings. Here are some of the malpractice cases that we often see: Pregnancy and birth injuries: Although doctors and hospitals handle new births every day, the process can be complicated when medical professionals make mistakes. Malpractice risks the health of both the baby and his or her mother, potentially causing injuries that can change an entire family’s lives forever. Surgical mistakes: People go “under the knife” for a spectrum of injuries and conditions, including many situations in which surgery is elective. It is important to understand, however, that every surgical procedure comes with at least some risk. Misdiagnoses and errors during the process can significantly increase that risk. Anesthesia errors: Anesthesia is a key part of many surgical procedures, which prevents pain and makes procedures more efficient. The administration of anesthesia is a complicated process that requires particular skill and experience. Unfortunately, anesthesiologists and other medical professionals sometimes make mistakes, including in the amount of anesthesia administered and the required monitoring of a patient. Medication mistakes: Drugs play an important role in managing pain and treating all kinds of illnesses and medical conditions. It is crucial that doctors prescribing medication and pharmacists filling those prescriptions do so responsibly. Whether it is... --- Accidents are a part of life for parents and their children, whether they happen on the playground or in the backyard. Although many mishaps result in nothing more than relatively minor bumps and bruises, others can cause more significant and lasting injuries. That includes accidents that are avoidable and the result of negligence. At Searcy Denney, our West Palm Beach child injury lawyer team has been helping the parents of children injured in accidents across Florida for decades. We understand the pain, stress, and uncertainty that can come with child injuries. Our lawyers also know that these situations can result in a pile of medical bills. That is why we work tirelessly to identify those responsible and help clients get compensation for their children’s injuries. If your child has been injured in an accident - whether it is a car crash, a slip, and fall, or a result of daycare negligence - you do not have to go it alone. A West Palm Beach child injury lawyer at Searcy Denney will guide you through the legal process for seeking compensation with experience and personal attention. Do not just take our word for it. Our client testimonials speak for themselves. We also have a proud track record of successful results for the people and families that we represent, including a number of six- and seven-figure awards in the courtroom and through a negotiated settlement. Our West Palm Beach Child Injury Attorneys Understand the Nuances of Daycare Negligence Claims Many children spend long stretches of time each day at daycare facilities or under the supervision of professional care providers while their parents are at work. Although daycare operators provide an essential service, in some situations they are understaffed and overwhelmed, do not properly train employees or simply cut corners to save a few bucks. That is a recipe for disaster that puts children’s safety at risk. Fortunately, state law imposes some basic legal obligations on daycare providers. The law imposes a staff-to-children ratio that is designed to ensure that kids are properly supervised at all times. The ratio varies, depending on the age of the children. Ages 0 to 1: One child care staff member for every four children. Ages 1 to 2: One child care staff member for every six children. Ages 2 to 3: One child care staff member for every 11 children. Ages 3 to 4: One child care staff member for every 15 children. Ages 4 to 5: One child care staff member for every 20 children. Ages 5 and older: One child care staff member for every 25 children. When a group of children is over the age of two, the required ratio is based on the age of the most number of children in the group. It is important to understand that these ratios simply provide a minimum legal standard. In many situations, lower ratios may be required to adequately ensure children’s safety. That includes situations involving inexperienced staff, dangerous conditions or particularly vulnerable kids. Other legal standards also govern fire safety, staff background checks, sanitation, transportation, and general safety for daycare providers. A childcare provider may be considered negligent, even if it meets staff ratio and other legal requirements. Providers are obligated under the law to meet a certain basic standard of care, based on the circumstances. The primary question in these situations is whether the provider acted in a way that would have been expected from a reasonable provider in similar circumstances. A West Palm Beach child injury attorney at our firm can help you understand how an accident happened and determine legal liability.... --- Slips and falls are a category of accident that refers to a wide range of mishaps that can cause serious injuries to those involved. In every instance a West Palm Beach slip and fall lawyer can help. These accidents include actual slips and falls, such as on a slick grocery store aisle floor or a wet walking surface near a pool. They also refer to other accidents, like a trip on a broken step or sidewalk and a stumble down a cluttered or poorly lit stairwell. Slip and fall injuries can vary from relatively minor cuts, bumps and bruises to severe and even life-threatening head, neck and back damage. They can also come with a pile of medical bills, a reduction in income during recuperation and a lot of stress. The good news is that you do not need to go it alone after a slip and fall accident. A West Palm Beach slip and fall lawyer at Searcy Denney can help you get back on your feet with the full compensation available for our injuries. We are seasoned personal injury attorneys who combine decades of experience in the courtroom and at the negotiating table. We are proud of our strong track record of results, which includes a number of six- and seven-figure verdicts and settlements for the people and families that we represent. Common Slip and Fall Injuries When slip and fall accidents happen, the injuries range from the relatively minor to the catastrophic and life-threatening. Some of the most common slip and fall injuries include: Lacerations Broken bones and fractures Hip injuries Shoulder injuries Neck and back injuries Spinal cord damage Head injuries Traumatic brain injury Paralysis Amputation It is important to seek medical attention after a slip and fall, even if your injuries appear to be minor. In some cases, the full extent of a person’s injuries is not completely known until several days after the accident. It is also vital to seek the advice of a seasoned personal injury attorney before agreeing to any sort of settlement with a property owner or insurer. A West Palm Beach slip and fall lawyer at Searcy Denney will help you understand your rights and explore your options for seeking compensation. Slips and Falls in Grocery Stores like Publix Grocery stores are a common site for slip and fall accidents, at least partly because of the volume of foot traffic that many stores see on a daily basis and the potential for spills. An experienced West Palm Beach slip and fall lawyer knows that slips and falls at grocery stores are often caused by these factors: Spills: Food and drink spills are common in grocery stores, whether it is because an item is dropped by a customer or falls off of a shelf. Wet floors can cause shoppers to slip and fall. Mopping mistakes: Grocery stores often use wet mops to clean up spills, which can temporarily make the area even more slick. That is a hazard, especially if the area is not properly blocked off and visitors are not aware that the floor is wet. Shaky railings: Whether it is in an entry or exit space or in a stairwell leading to a parking garage, handrails that are defective, broken or not properly secured give people a false sense of stability and can lead to a trip and fall. Parking lots: Slips and falls sometimes happen before a person even gets to the grocery store or after he or she has checked out. Cracked pavement, busted sidewalks and potholes are often the culprit. Regardless of the cause of the... --- Dogs may be “man’s best friend,” but they have also been known to turn on people in vicious attacks that can cause serious injuries and significant emotional trauma. A person who is attacked by a dog in Florida may be looking at hefty medical bills and empty paychecks during rest and recuperation. The good news is that a West Palm Beach dog bite attorney at Searcy Denney can help you fight back. Our firm represents people and families injured in animal attacks and a wide range of other accidents. We are seasoned attorneys who combine decades of legal experience and boast a track record of helping our clients maximize their compensation. If you have been injured by a dog bite, you are not alone. Our attorneys will guide you through the legal process with experience and personal attention. We are skilled negotiators who have had success effectively resolving cases through settlement and aggressive litigators prepared to advance our clients’ rights in court when needed. Common Dog Bite Injuries Dog attacks can and do happen in Florida and across the country. They often happen with little or no advance warning, giving those attacked little time to react or protect themselves. An experienced West Palm Beach dog bite attorney will tell you that these attacks can cause a variety of injuries. They run the gamut from relatively minor cuts and bruises to life-threatening injuries. Some of the most common dog bite injuries include: Gashes, cuts and bruises Broken bones and fractures Eye damage Face lacerations Rabies, tetanus Puncture wounds Scarring and disfigurement Head, neck and back injuries Nerve damage Amputation That is not to mention the emotional and psychological trauma that can come with being attacked. Post-traumatic stress disorder, anxiety and depression are common in these situations. Regardless of the type of injury, anyone attacked by a dog or other animal has the right to take legal action against those responsible. A West Palm Beach dog bite lawyer can help you explore your rights and options. What Compensation is Available for a Dog Bite Injury? A person who has been bitten or otherwise attacked by a dog or other animal in Florida has the right to seek compensation from the owner and other responsible parties. The money damages available in these cases includes compensation for medical bills, missed wages and pain and suffering. For people with extensive injuries, you can also seek compensation for any long-term impact on your ability to work and earn an income. The problem is that many people settle their claims for far less than they are worth. A West Palm Beach dog bite lawyer at our firm will fully assess your case, explain how much your claim is worth and work diligently to get you the full compensation available. Dog Bites and Children Of the some 4. 5 million people bitten by dogs each year in the U. S. , roughly half are children ages 12 and younger. About 20% of the attacks require medical attention. Most of those bites involve everyday activity with familiar animals. Infants and toddlers are the most likely to be severely injured. As with adults, dog attacks on children often cause psychological trauma that can last for decades. Although Florida is a comparative negligence state - meaning that a person attacked by a dog may be considered partially responsible for the attack in certain circumstances - that is unlikely to apply to small children. Courts in the state have found that a child under the age of 6 cannot be found negligent. If your child has been attacked by a dog or... --- West Palm Beach truck accidents happen in many different ways, caused by a variety of factors and involving a wide range of different vehicles. What they have in common is that these kinds of accidents often come with serious consequences. Trucks’ sheer size and the speed at which they regularly travel makes truck accidents often severe, causing serious injuries and even death, along with significant vehicle damage. That is not to mention that truck drivers are routinely pushed to the brink by their employers, leading to fatigue that increases the risk of a collision. At Searcy Denney, we help people injured in trucking and other accidents get the full compensation available for their injuries. We understand the pain and stress that comes with being injured in a crash, especially when it was caused through no fault of your own. A West Palm Beach 18-wheeler accident lawyer at our firm will guide you through the legal process with experience and personal attention. Tractor-Trailer Crashes in West Palm Beach Tractor-trailers are some of the big rigs most commonly seen on highways in Florida and across the country. Also known as 18-wheelers, these trucks consist of a tractor - a six-wheel vehicle with a cabin for the driver - and a trailer used to haul cargo. Tractor trailer crashes are far too common and can happen for a number of different reasons. Driver fatigue, intoxication and just plain error are often to blame when 18-wheelers collide with cars. Improper truck maintenance and repair can also wreak havoc on the road. Trucks spend a significant amount of time on the road hauling heavy loads. They require regular maintenance and inspections to ensure that they are in working order. A West Palm Beach 18-wheeler accident attorney will tell you that some of the most common maintenance-related issues that lead to accidents include: Brake failure Headlight defects Powertrain failure Suspension problems Tire blowouts Steering failure For tractor-trailers, there is also the risk of a faulty trailer hitch. If the hitch malfunctions or the trailer otherwise becomes loose or unattached, it poses a significant obstacle for other drivers and can lead to a chain reaction crash. Commercial truck companies are responsible for inspecting and maintaining their fleets. When a truck malfunctions and causes an accident, the company (and its insurer) is likely to be legally responsible for any injuries that happen as a result. West Palm Beach Flatbed Truck Accidents Flatbed trucks are commonly used to transport a wide range of items, including oversized and odd shaped objects, that are not prone to damage in weather. These large vehicles feature a flat body and with no sides or roof around the bed of the truck. That makes them ideal for carrying loads that would be too wide for other types of trucks. What makes flatbeds trucks useful is also what makes these vehicles dangerous, as any West Palm Beach 18-wheeler accident attorney will tell you. Flatbed trucks do not have walls, sides or a door to hold the cargo in place. If the cargo is not properly secured, it can slide around or even off of the truck. Loose cargo commonly causes two types of accidents: Jacknife: If the flatbed is a trailer, the shifting weight of moving or falling cargo on the trailer can push the vehicle so hard that it spins around. Rollover: The sudden movement or change in weight can also cause the truck to rollover completely. Either of these types of accidents is likely to involve multiple cars behind the flatbed truck. That is not to mention the hazard that unsecured cargo poses... --- Have You Lost a Loved One Unexpectedly? When you lose a loved one unexpectedly and believe that another person or company may be to blame, it can be difficult to know what to do next. At Searcy Denney, we do everything we can to help grieving families through the most difficult times. You can schedule a free consultation to speak with a Tallahassee wrongful death attorney one-on-one. If your family is entitled to financial compensation, we will rely on our decades of experience to help your family secure the compensation it deserves. Get Help from an Experienced Tallahassee Wrongful Death Attorney If you are coping with the loss of a loved one, you probably have many questions. Is your family entitled to financial compensation? If so, how much can your family recover? How do you file a wrongful death claim, and what do you need to be prepared to expect during the process? At Searcy Denney, we guide our clients through the entire process of successfully filing a wrongful death claim. Our Tallahassee wrongful death attorneys will explain everything you need to know, and we will be here for you when you have questions. We will conduct a thorough investigation and use the available evidence to seek a favorable out-of-court settlement. But, if necessary, we will not hesitate to seek justice for your loved one’s wrongful death in court. 5 Important Facts about Wrongful Death Claims in Florida Here are five important facts about filing a wrongful death claim in Florida: 1. Many Types of Accidents and Mistakes Can Lead to Wrongful Death Claims From car accidents and boating accidents to medical mistakes and medical device failures, many types of accidents and mistakes can justify claims for wrongful death. 2. Florida Law Restricts Who Can File a Wrongful Death Claim Under Florida law, only the victim’s personal representative can file a wrongful death claim. However, the personal representative can seek compensation on behalf of multiple eligible family members. 3. Eligible Family Members Can Seek Many Forms of Financial Compensation Eligible family members can recover financial compensation for a variety of losses. This includes medical bills, lost earnings, pain and suffering, and other forms of financial and non-financial harm. 4. Most Successful Wrongful Death Claims Settle Before Trial While it is possible that our Tallahassee wrongful death attorneys will need to take your family’s case to court, most successful claims settle before trial. 5. Your Family Only has a Limited Amount of Time to File There is a two-year statute of limitations for most wrongful death claims in Florida; and, to protect your family’s legal rights, you should speak with a lawyer as soon as possible. Schedule a Free Consultation with a Tallahassee Wrongful Death Lawyer Would you like to speak with a lawyer about your family’s legal rights? To schedule a free, no-obligation consultation with a Tallahassee wrongful death lawyer at Searcy Denney, call 800-780-8607 or contact us online today. --- If you have lost a loved one unexpectedly, it will be important for you to learn about your family’s legal rights. Florida law entitles grieving families to financial compensation in many cases, but recovering this compensation requires a clear understanding of the steps you need to take and the mistakes you need to avoid. Our West Palm Beach wrongful death lawyers have decades of experience helping families file successful claims following fatal car accidents and medical mistakes; and, if your family is entitled to compensation, we can help make sure you receive the compensation you deserve. State law requires that a wrongful death lawsuit be filed by the personal representative for the deceased person’s estate. The personal representative is considered to be acting on behalf of the deceased person’s family members, such as a spouse, children or parents. What are the Grounds for Filing a Wrongful Death Claim in Florida? There are many different types of wrongful death claims. Some of the most common grounds for seeking financial compensation following the death of a loved one include: Driver Negligence – Speeding, texting behind the wheel, driving while intoxicated and other forms of driver negligence are common factors in fatal car, truck, motorcycle, bicycle and pedestrian accidents. Property Owner Negligence – Unmaintained premises, unprotected swimming pools, malfunctioning elevators and escalators, and various other property hazards are to blame for many unnecessary deaths in West Palm Beach and throughout Florida. Medical Malpractice – Medical malpractice is among the leading causes of death in the United States—following only heart disease and cancer. This includes triage errors, diagnostic errors, surgical errors and many other types of medical mistakes. Other Forms of Negligence – Negligent boat operation, failure to provide safe work environments, negligent hiring, inadequate safety protections on cruise ships and numerous other forms of negligence can justify claims for wrongful death. Product Defects – Defective medical devices, vehicle components, toys, tools, appliances and other products are to blame for far too many deaths in Florida and across the U. S. each year. How Soon Should You Contact a West Palm Beach Wrongful Death Attorney? If you have lost a loved one under any circumstances in which you suspect that someone else or a company may be liable, you should promptly contact a West Palm Beach wrongful death attorney. There is no reason to wait—and waiting can often make it more difficult to recover just compensation. Technically, families have up to two years from the date of death to file wrongful death claims in most cases. This is based on Florida’s statute of limitations for wrongful death. However, there are several benefits to taking legal action promptly, and we strongly encourage you to schedule a free consultation with one of our West Palm Beach wrongful death lawyers today. What is the Statute of Limitations for a Wrongful Case in Florida? Generally, families in Florida have two years from the date of the death to contact a West Palm Beach wrongful death attorney and file a lawsuit. However, there are some limited exceptions, which your attorney can explain should they apply to you. Failing to file a claim within the two-year time period essentially voids your right to ever recover compensation for your loved one's death. The sooner you reach out for legal counsel the better positioned you are to learn about your options and the statute of limitations deadline that applies. Understanding the Difference Between a Wrongful Death Claim and a Criminal Law Proceeding Wrongful death is a legal claim, in which certain family members or the estate of a person who died in... --- Coping with the loss of a loved one presents unique and unimaginable challenges. Your family faces a long and difficult road ahead; and, no matter what happens from this point forward, things will never be the same. Our Tampa wrongful death lawyers know the challenges grieving families face all too well. If you have lost a loved one, we offer our deepest sympathies. Many families that lose loved ones unexpectedly can file claims for wrongful death. If your loved one was killed in an accident, due to a product malfunction or due to medical malpractice, your family may have a claim for financial compensation. Our Tampa wrongful death attorneys can thoroughly assess your family’s legal rights, and we encourage you to contact us for a free consultation. When Can Families Seek Compensation for Wrongful Death? There are many circumstances in which families in Tampa can seek compensation for a loved one’s wrongful death. Most wrongful death claims involve the law of negligence. A person or company will be deemed “negligent” under the law if he, she or it makes a mistake that falls below the requisite standard of care. From drunk driving to making mistakes during surgery, there are many different forms of negligence. As a result, families will often have claims arising out of: Auto accidents Tractor trailer accidents Bicycle and pedestrian accidents Boating and cruise ship accidents Falls and other premises-related accidents Medical device failures Medical mistakes Product defects and failures Swimming pool accidents These are not the only possibilities, but rather some of the most common examples. If you have unexpectedly lost a loved one under any circumstances in which you suspect that someone else may be to blame, you should speak with a Tampa wrongful death lawyer about your family’s legal rights. How Do Family Members File a Wrongful Death Claim After a Fatal Accident in Tampa? Florida law requires that the decedent’s personal representative file the family’s wrongful death claim. If your loved one left a will, it should designate a personal representative. If not, then a personal representative will need to be appointed through the probate court system. But, since the personal representative will be seeking compensation on behalf of eligible family members, these family members should be involved as well. Whether you are your loved one’s personal representative or you believe that you may be entitled to compensation for your loved one’s wrongful death (or both), you can – and should – contact an attorney to start the process promptly. While families have two years to file wrongful death claims in most cases, getting started as soon as possible can be extremely important for maximizing your family’s financial recovery. Speak With a Tampa Wrongful Death Lawyer in Confidence If you would like to speak with a Tampa wrongful death lawyer about filing a claim, we encourage you to schedule a free, no-obligation consultation at Searcy Denney. Call 800-780-8607 or contact us online to arrange an appointment today. --- Truck accidents cause serious and fatal injuries at disproportionately high rates. Large commercial trucks are bigger, heavier and harder to stop than ordinary passenger vehicles, which means that accidents tend to be more serious when truck drivers lose control. If you have been seriously injured or a loved one has been killed in a collision involving a large commercial truck, you should consult with a Tampa truck accident attorney, as you may be entitled to financial compensation from the trucking company. When Can Truck Accident Victims and Families Seek Compensation? Trucking companies will frequently be liable when their drivers make mistakes. The same is true of grocery chains, big box stores and other companies that own and operate their own fleets of large commercial trucks. For example, accident victims and their families will often have claims against these companies when accidents result from: Driving distractions (i. e. , cell phone use or communicating with dispatch) Driving impairments (i. e. , driving while tired or under the influence of alcohol or drugs) Driving mistakes (i. e. , following too closely or waiting too long to brake) But, driver-related factors are not the only factors that can cause serious and fatal truck accidents. In many cases, a Tampa truck accident attorney will also be able to seek financial compensation for: Truck defects Inadequate truck maintenance Cargo loading errors Issues with the road Other drivers’ mistakes Determining what happened will allow your attorney to determine what company (or government entity) is liable for the crash. While the trucking company may be responsible, a truck manufacturer, state or local road authority, or auto insurance company could also hold financial responsibility for the crash. In some cases, multiple parties will share liability, and recovering just compensation will involve pursuing claims against all of the parties involved. When Should You Hire a Tampa Truck Accident Attorney? If you have been injured or a loved one has been killed in a truck accident, you should talk to a Tampa truck accident attorney right away. Your attorney will need to launch a comprehensive investigation, and you will need to rely on your attorney’s advice going forward. At Searcy Denney, we can investigate truck accidents 24/7, and our attorneys have significant experience pursuing claims for personal injury and wrongful death. The costs of a truck accident can be substantial. This includes not only financial expenses such as medical bills and loss of income, but also non-financial losses such as pain and suffering, emotional trauma, and loss of consortium. Our Tampa truck accident lawyers are passionate about seeking maximum compensation for our clients. We will do everything we can to make sure you and your family receive the compensation you deserve. Talk to a Tampa Truck Accident Lawyer 24/7 To speak with a Tampa truck accident lawyer at Searcy Denney, please call 800-780-8607 or contact us online. Your initial consultation is completely free and confidential, and you pay nothing at all unless we win. --- As Florida’s third-largest city, Tampa also has some of the busiest roads in the state. Accidents on I-4, I-75 and I-275 routinely snarl traffic heading into and out of the city, and collisions in areas from Brandon to Ybor cause problems for residents and visitors daily as well. Whether you live and work in Tampa or you are visiting on vacation or business travel, you should promptly consult with a Tampa car accident attorney if you have been injured in a collision. At Searcy Denney Scarola Barnhart & Shipley PA, we have been helping car accident victims and other injured plaintiffs in Florida recover their losses for decades, and we can use our experience to help you collect the compensation you deserve. No matter what happened – if you were driving to work or driving home from a Buccaneers game – we can help, but it is important that you contact us right away. Tampa Car Accident Statistics Due to Tampa’s rapidly-growing population and its status as a perennial tourist destination, car accidents in and around the city are extremely common. Each year, thousands of people are injured in collisions in Tampa and the surrounding areas of Hillsborough County. Here are the latest statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV): On average, there are almost 30,000 car accidents in Tampa and the surrounding areas of Hillsborough County each year. Of the accidents that occur in Hillsborough County each year, more than 13,000 result in serious but non-fatal injuries. Each year, about 200 people die in car accidents in Hillsborough County, including fatal accidents within the Tampa city limits. Alcohol and drug use are factors in about 500 serious and fatal car accidents in Hillsborough County each year. In addition to collisions between motor vehicles, there are also close to 2,000 motorcycle, bicycle and pedestrian accidents in Tampa and the rest of Hillsborough County each year. Due to Tampa’s location at the intersection of I-4 and I-75 and its status as a port city, there are more than 3,000 accidents per year in Hillsborough County involving large trucks and other commercial vehicles. About a third of all vehicle collisions in Hillsborough County involve teen and young adult drivers (under the age of 24). More than 20 percent of car accidents in Tampa and Hillsborough County are hit-and-run accidents. What Do You Need to Know if You’ve Been Injured in a Car Accident in Tampa? If you have been injured in a car accident in Tampa, it will be important for you to understand the basics of Florida’s “no-fault” insurance law. Under this law, your first option for recovering compensation after suffering injuries in a car accident is to file a claim under your own personal injury protection (PIP) policy. This is mandatory coverage in Florida; so, if you have auto insurance, you should have PIP. But, the compensation you can recover through a PIP claim is limited. Most people have $10,000 in coverage, which can go quickly when you suffer serious injuries in a collision. As a result, you may need to explore your other options as well. A Tampa car accident lawyer at Searcy Denney can evaluate all of your options for securing coverage. For example, depending on the factors involved in your accident, our lawyers may be able to help you pursue one or more of the following types of claims: Personal injury protection (PIP) under your auto insurance policy Uninsured/underinsured motorist (UIM) under your insurance policy Bodily injury liability (BIL) under the other driver’s insurance policy A claim for a vehicle defect or... --- Searcy Denney Scarola Barnhart & Shipley PA is a Florida personal injury law firm that represents individuals who have been injured in all types of accidents. If you have suffered serious injuries in a vehicle collision, slip-and-fall or trip-and-fall accident, construction site accident, product-related accident, or as a result of medical malpractice, we can help, and we encourage you to speak with a Tampa personal injury lawyer right away. When you get injured in an accident, acting quickly can be very important for protecting your legal rights. As a result, you should see a doctor promptly, and you should contact a Tampa personal injury attorney as soon as possible. You can speak with someone in our Tampa office 24/7, and we can get to work on your case right away. How Tourism and Local Attractions Contribute to a High Accident Rate in Tampa As Florida’s third-largest city, Tampa has its fair share of traffic and construction. These factors alone contribute to a high rate of accidents both on and off the roads. But, as a tourist destination and as the home of several well-known professional and college sports teams, Tampa routinely sees an influx of out-of-town traffic as well. Unfortunately, this means that Tampa has one of the highest accident rates, not only in Florida but in the entire country. While this predominantly contributes to the city’s high number of vehicle collisions, it also contributes to the number of slips, falls, assaults and other incidents. As a result, if you have been injured in Tampa, you are not alone. You also are not alone in seeking help. We hear from Tampa residents and visitors every day who need help recovering their accident-related losses. With decades of experience and billions of dollars recovered, we know what it takes to win, and we can use the insights gained from thousands of prior cases to help you fight for the compensation you deserve. Do You Have a Personal Injury Claim? If you’ve been injured in an accident in Tampa, do you have a personal injury claim? While it would be nice if the answer were obvious, the reality is that this is not a question you can answer on your own. You will need to hire a Tampa personal injury law firm to assess your legal rights for you, and it will be important for you to do so right away before any critical evidence disappears. Our firm represents Tampa residents and visitors in all types of personal injury claims. As a result, no matter how you got injured, if someone else is responsible, we can help. Additionally, we handle all personal injury claims on a contingency-fee basis, which means that you pay nothing at all unless you win. Each Tampa personal injury attorney at our firm routinely handles personal injury claims involving: Car Accidents Bicycle Accidents Motorcycle Accidents Watercraft and Boating Accidents Truck Accidents Product-Related Accidents Dangerous Drugs Unsafe Medical Devices Medical Malpractice Premises Liability Aviation Accidents Golf Cart Accidents Railroad Accidents Whether you were injured in an auto accident and need to seek insurance coverage outside of personal injury protection (PIP), or you have a claim against a contractor, product manufacturer or hospital, we can do what is necessary to help you recover. We are more than happy to help regardless of your personal circumstances; and, during your free initial consultation, we will provide honest and straightforward advice so that you can make informed decisions about protecting your legal rights. Why Should You Hire a Tampa Personal Injury Attorney? Why should you hire an injury attorney? The easiest way to answer... --- As both the geographic and cultural center of the Florida Panhandle, Tallahassee sees more than its fair share of car accidents. From permanent residents to students, and from visitors to truck drivers passing through on I-10, all types of drivers are at risk for being involved in serious collisions in and around the Tallahassee area. Tallahassee is well-known for various reasons. While sports fans know Tallahassee as the home of Florida State University, the city also has a bustling economy, and its historical and ecological significance attract visitors from across Florida and the entire United States. As Florida’s capital and seventh largest city by population, Tallahassee is home to several notable Florida residents, and it has been featured in several movies and television shows as well. Involved in a Vehicle Accident? You Need a Tallahassee Auto Accident Lawyer Each year, there are thousands of car accidents in Tallahassee and the surrounding areas of Leon County. According to data from the Florida Department of Highway Safety and Motor Vehicles, more than a third of these accidents result in bodily injury. If you have been seriously injured in an accident, you may be entitled to financial compensation, and you should speak with a Tallahassee car accident lawyer about filing an insurance claim as soon as possible. At Searcy Denney, we provide experienced legal representation for auto accident victims in Tallahassee. We offer free initial consultations, and we do not charge any legal fees or costs unless we obtain you compensation. Our Tallahassee auto accident attorneys will provide you with a thorough assessment of your legal rights (including how much compensation you are entitled to recover); and, if you choose to move forward, your Tallahassee car accident attorney will seek maximum compensation for your injuries on your behalf. Accident Lawyers with Decades of Success in Insurance Claims and Lawsuits Our team have been fighting for car accident victims in Tallahassee and the surrounding areas for more than 45 years. We have recovered millions of dollars for our clients’ losses by using aggressive settlement tactics and providing vigorous representation at trial. While most motor vehicle accident claims settle, you need a lawyer who is prepared to take your case to court. When you choose Searcy Denney, you can feel confident knowing that we will do whatever it takes to make sure you receive the financial compensation you deserve. We represent clients who have suffered severe traumatic injuries and lost loved ones in accidents involving all causes. This includes accidents resulting from: Distracted driving (including texting while driving) Failure to yield Fatigued driving Impaired driving (alcohol and drugs) Reckless driving Reliance on self-driving technology Running red lights and stop signs Speeding Tailgating Road defects Vehicle defects Other common driving mistakes and non-driver-related causes Drunk Driving Accidents It should come as no surprise that drunk driving is against the law in Florida and elsewhere throughout the country. Despite this fact, too many people choose to get behind the wheel while intoxicated. Drunk driving can lead to serious accidents that can result in severe injuries and even death. And the bottom line is that drunk driving is negligent driving. If you’ve been injured in an accident with a drunk driver, you may be entitled to compensation. In the event of an accident, the driver who was driving while intoxicated is usually charged with DWI and is prosecuted. It’s important to understand that this does not mean that you cannot pursue a personal injury claim. In fact, you can still pursue a claim even if the criminal charges against the driver are dismissed, they are found not guilty,... --- Collisions involving large trucks cause a disproportionate number of severe injuries and deaths, and it is not hard to see why. These trucks are the largest vehicles on the road, and once they get moving, they can be extremely difficult to control. Jackknifes, pileups, rollovers, and other serious accidents are common throughout the Florida Panhandle. If you have been injured or lost a loved one, it is important that you speak with a Tallahassee truck accident lawyer as soon as possible. For more than four decades, our firm has been fighting for accident victims and families who have lost loved ones in trucking accidents. With offices in Tallahassee, we handle cases throughout North Florida and South Georgia, including cases involving collisions on I-10 and I-75. Our Tallahassee truck accident lawyers - James Gustafson, Jr. , Cameron Kennedy, and Carter Scott - are aggressive and compassionate advocates for our clients, and they have a proven record of success in insurance settlement negotiations and trial. We help our clients through the recovery process step-by-step, and we fight to win maximum compensation for our client's financial and non-financial losses. Our attorneys in Tallahassee include James Gustafson, Jr. , Cameron Kennedy, and Carter Scott bring decades of experience in protecting our client's legal rights. We handle personal injury and wrongful death cases involving all types of commercial vehicles, including: 18-wheelers, tractor trailers, and semi-trucks Flatbed trucks and vehicle transport trailers Tanker trucks Delivery trucks and vans Utility trucks and vans Garbage trucks Dump trucks Cement mixers All other commercial vehicles Regardless of what happened, if you and your family are entitled to financial compensation, your truck accident lawyer will do their best to make sure you receive the compensation you deserve. In an earlier study of truck crash causation, the FMCSA found that of large trucks involved in all crashes – both single- and multi-vehicle – 55% of the trucks or their drivers were the “critical reason” for the crash. In two-vehicle crashes, trucks or their drivers were the “critical reason” in 44% of the crashes. Semi-truck drivers and other commercial vehicle drivers have a duty to maintain road safety and handle their truck properly. When that duty is breached, an accident occurs and victims find themselves turning to Tallahassee truck accident attorneys. Most Causes of Truck Accidents in Tallahassee Fall into Three Categories 1419550282 When seeking financial compensation after a truck accident, one of the first steps is to determine the cause (or causes) of the collision. Once you know what happened, then you can determine who was at fault, and then you can file a claim to recover your financial and non-financial losses. Most causes of truck accidents will fall into one of three categories: 1. Truck Driver Negligence As you might expect, a significant percentage of Tallahassee truck accidents are the result of truck driver negligence. While inexperience is often a factor, even highly-experienced career truck drivers can make mistakes – and it only takes a split-second loss of concentration to cause a serious collision. Common forms of truck driver negligence include: Aggressive and reckless driving, including speeding and tailgating Braking too late or too harshly (which can cause the truck to jackknife) Driving under the influence of alcohol, marijuana, sleep medications, and other drugs Driving while fatigued and falling asleep behind the wheel Failing to yield, merging without looking, and other driving mistakes Running red lights and stop signs Talking on the phone, texting, communicating with dispatch, and other forms of distracted driving When truck driver negligence is to blame for an accident, the driver’s employer (i. e. the trucking... --- If you or someone you care about has been involved in a serious accident with a large commercial vehicle, you already know how destructive big rigs can be. When a car, motorcycle, or other personal vehicle is in a collision with a 40-ton piece of rolling heavy machinery, the fight is anything but fair. And the consequences — injuries that are so catastrophic that the victim will never fully recover or even dies — are all too real. While the last thing that will be on your mind is hiring a West Palm Beach truck accident lawyer, the unfortunate truth is that you are going to need legal counsel right away. What Can I Do to Avoid an Accident with a Truck or Tractor Trailer? Remember that trucks are not the same as cars – they’re bigger and heavier and take much longer to stop. Trucks have dangerous blind spots on both sides – so stay out of them. If you can’t see a truck’s side mirrors, the truck driver can’t see you either. Don’t cut in front of a truck in order to make your turn or exit. Forcing the driver to slam on the brakes can spin the truck out of control or cause it to hit you, neither of which is a good choice. Don’t pass a truck while it is turning right, because a turning truck takes a wide swing. When passing a truck on the highway, accelerate slightly and maintain a constant speed. When you see the entire cab in your rear-view mirror, it is safe to signal and begin pulling back in front of it. Be especially wary of trucks in bad weather, when it may take them several seconds more to stop than in dry conditions. If you see a truck driver driving erratically or unsafely, call the authorities. And keep your distance so there is no chance of endangering you or your passengers. If a Truck Driver Caused the Accident, Who Will my West Palm Beach Truck Accident Lawyer Sue? If the driver who caused your accident was employed by a trucking company, the company may be liable for your injuries under the theory of “vicarious liability. ” Vicarious liability makes employers liable for their employees’ mistakes made within the scope of employment – even if the employer was not actively responsible. When a Florida truck accident lawyer investigates your case, we will assess not only whether a trucking company is vicariously liable for your injuries, but whether the company may be directly liable as well. From hiring inexperienced semi-truck drivers to forcing drivers to log too many hours, trucking companies routinely make mistakes that entitle accident victims to significant compensation. Fatal Truck Collisions If you have lost a loved one in a truck accident, we offer our deepest condolences. We are here to assist you in any way we can, and we are happy to meet with you to help you understand your situation. Under Florida law, the deceased’s personal representative must file a wrongful death claim on behalf of the eligible beneficiaries. Our truck accident lawyers have worked with personal representatives and surviving family members on numerous auto accident claims, and we can hold the responsible parties accountable for your loved one’s untimely death. Who Investigates West Palm Beach Truck Accidents? When a truck accident happens, a prompt investigation is critical in determining what caused the crash and who is to blame. Any West Palm Beach truck accident lawyer will tell you that the sooner you speak to a lawyer and start the investigation, the better. The initial investigation is... --- Searcy Denney Scarola Barnhart & Shipley’s Tallahassee personal injury attorneys represent victims hurt in accidents stemming from negligence, including aviation disasters, medical malpractice, railroad disasters, trucking accidents, unsafe products, and vehicle defects. Each injury lawyer in our personal injury practice has experience in handling a wide range of cases and obtaining financial compensation for victims who have suffered losses due to the negligence of others. As our client, you will benefit from our 45 years of experience in representing clients in personal injury claims. With our resources, skills, and history of successful advocacy, we will vigorously fight to obtain the compensation to which you are entitled. Contact us today for an evaluation of your accident case. Searcy Denney Scarola Barnhart & Shipley PA Phone: 850-224-7600 Towle House, 517 N. Calhoun St. Tallahassee, FL 32301-1231 About Tallahassee Tallahassee is the capital of Florida, as well as a major center for the trade, agriculture, technology, and manufacturing industries. Tallahassee claims the title of the 12th fastest-growing metropolitan area in Florida. A regional center for scientific research and major universities such as Florida State University and Florida A&M University, Tallahassee boasts a wide variety of professional and governmental organizations and entities. Tallahassee is also home to many historical buildings such as the Florida Supreme Court, the Governor’s Mansion, and the Florida State Capitol. In addition, the city is enriched with cultural sites such as the Challenger Learning Center, Lake Jackson Mounds State Archaeological Park, and the Mary Brogan Museum of Art and Science. Furthermore, Tallahassee residents and visitors alike enjoy a temperate climate consisting of long summers and mild winters. Due to the high frequency of tourism and an already bustling population, visitors and residents alike have a higher chance of suffering a personal injury accident. However, victims and their loved ones may be entitled to compensation for their injuries and/or losses. Anyone who is hurt in Tallahassee due to another's negligence is advised to turn to an experienced Tallahasse personal injury attorney to ensure their right to damages is protected. Why You Need an Experienced Tallahassee Personal Injury Lawyer If you have been seriously injured in an accident, there are several reasons why you need an experienced Tallahassee personal injury lawyer on your side. Despite what they say, the insurance companies are not on your side, and they will not work with you to protect your legal rights. In fact, they will do just the opposite. When you file a claim after a serious accident, the insurance companies’ goal is to pay you as little as possible. As a result, to make sure you receive just compensation, you need an advocate who has your best interests in mind. When you hire a Tallahassee personal injury lawyer to represent you, your lawyer will examine all of the relevant facts and make an unbiased determination of liability. If you are entitled to financial compensation, your lawyer will then fight to recover the financial compensation you deserve. Your lawyer will help you decide when (and if) to settle, and if the insurance companies refuse to treat you fairly, your lawyer will take them to court. Our Top-Rated Tallahassee Personal Injury Attorneys Explain When You Can File a Personal Injury Claim If you or a member of your family has been seriously injured in an accident, in a hospital or doctor’s office, or under any other circumstances in which you suspect that someone else may be to blame, you are right to be asking questions about your legal rights. The financial costs of serious accidents can be devastating for many families, and the non-financial costs can... --- Searcy Denney Scarola Barnhart & Shipley PA Phone: 561-686-6300 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409-6601 The Florida personal injury law firm of Searcy Denney Scarola Barnhart & Shipley PA represents a wide variety of clients in personal injury claims, including car accidents, medical malpractice, SUV rollovers, and trucking accidents. Over the last 45 years, our West Palm Beach personal injury lawyers have helped countless clients throughout the country achieve justice. If you have been injured in any type of accident, our courtroom experience, professional resources, and state-of-the-art technology can assist you in securing compensation for your losses. Contact us today to schedule an initial consultation today. HOW TOURISM AND ATTRACTIONS IMPACT THE ACCIDENT RATE IN WEST PALM BEACH Located on the Atlantic coast in southeastern Florida, West Palm Beach is the most populous city in Palm Beach County. It is well known for its temperate climate and average annual temperature of 78 degrees. Such inviting weather welcomes scores of vacationing visitors to West Palm Beach each year to experience its pristine beaches, Gulf Stream-warmed waters, world-class golf courses, and celebrity chef-owned restaurants. Among the popular attractions in West Palm Beach are the Palm Beach Zoo, Lion Country Safari, McCarthy’s Wildlife Sanctuary, Yesteryear Village at the South Florida Fairgrounds, the Ann Norton Sculpture Gardens, and the South Florida Science Museum. No matter what type of vacation you are interested in, West Palm Beach has the lodging, attractions, and activities to suit your every whim. However, given a large number of tourists that frequent the area, coupled with the already large existing population, accidents are bound to occur. From car crashes to slip and falls, the likelihood of a local resident or tourist suffering a personal injury in the area is high. Fortunately, victims and their loved ones can turn to Searcy Denney’s West Palm Beach personal injury attorneys for help in filing a claim. DO YOU HAVE A PERSONAL INJURY CLAIM IN WEST PALM BEACH? Unfortunately, despite all that West Palm Beach has to offer, living or visiting here is not without its risks. Just like any other city, West Palm Beach is the site of numerous auto accidents, work-related accidents, and other serious accidents each year. If you have been seriously injured in an accident, you may be entitled to financial compensation, and the way to recover this compensation is to file a personal injury claim with the help of an experienced attorney. “Personal injury” law governs claims for compensation arising out of accidents that are other people’s or companies’ fault. In most cases, this fault is in the form of negligence. There are many different forms of negligence, from being distracted behind the wheel to boating under the influence, and from failing to clean up a spill to failing to take adequate safety precautions on a Jobsite. Personal injury claims can also involve accidents caused by dangerous and defective products. Virtually all products have the potential to be defective, and companies recall millions of defective products each year. When a company designs, manufactures or sells a defective product, proof of negligence is not required in order to win just compensation. Finally, medical malpractice claims fall under the umbrella of personal injury law as well; although there are very specialized laws applying to medical negligence claims. All health care providers in West Palm Beach owe a duty of care to their patients, and when they fail to meet this duty they can – and should – be held liable. Our West Palm Beach personal injury lawyers are experienced in handling all types of claims, and we... --- ---