Thursday, June 6, 2013
Thursday, June 21, 2012
Friday, June 15, 2012
Thursday, June 14, 2012
Thomas Caldwell Receives Board Certification
Attorney Thomas Caldwell recently received his Florida Bar Board Certification in Civil Trial.
Congratulations to Tom!!!!
Congratulations to Tom!!!!
Thursday, May 3, 2012
Volusia Law Firm Launches New Website to Streamline Community Giving
The launch of RZCares.com has been a success! Visit our new community site here, rzcares.com, or view the press release here http://www.rueziffra.com/rzcares-launch.
Wednesday, April 11, 2012
Monday, April 2, 2012
Tuesday, March 20, 2012
Unisured Motorist Coverage- Make Sure You Have The Coverage You Deserve!
Make sure you and your family members have the coverage you deserve. Everyone should have "Uninsured Motorist Coverage" on their insurance policy.
If you have questions or concerns regarding your coverage, call to speak to one of our experienced attorneys today. The call is Free: 386-788-7700 It is important that you are informed of your insurance coverage options.
If you have questions or concerns regarding your coverage, call to speak to one of our experienced attorneys today. The call is Free: 386-788-7700 It is important that you are informed of your insurance coverage options.
Friday, March 16, 2012
It's Bike Week again in Port Orange!
We're enjoying all of the Bike Week festivities going on in Volusia and Flagler counties.
The weather has been beautiful and thousands of bikers from all over the nation have converged on the area to take advantage of the Florida sun.
While out and about, please remember to look twice, then look again, for motorcycles before changing lanes. Accidents can happen in a split second and change lives forever.
The weather has been beautiful and thousands of bikers from all over the nation have converged on the area to take advantage of the Florida sun.
While out and about, please remember to look twice, then look again, for motorcycles before changing lanes. Accidents can happen in a split second and change lives forever.
Friday, March 9, 2012
Rue & Ziffra Helps Raise Funds for PACE School for Girls
Rue & Ziffra was proud to be a part of the annual PACE fundraising breakfast this morning in Daytona Beach. We sat in a room packed with caring people and listened to heartwarming stories of the difference that PACE has made in so many girl's lives. We were excited to be able to help raise funds for this non-profit school! If you care to find out more about this wonderful organization, go to: http://pacecenter.org/
Thursday, March 8, 2012
2012 USO Leadership Awards Announcement
So many of us know a service man or woman that serves his/her country, willing to give the ultimate sacrifice, but continues to give of themselves to others in extraordinary ways. Please honor someone you know by nominating them for one of the 2012 USO Leadership Awards. All of the qualifying information can be found in the attached link.
http://www.marines.mil/news/messages/Pages/MARADMIN120-12.aspx/
http://www.marines.mil/news/messages/Pages/MARADMIN120-12.aspx/
Tuesday, August 2, 2011
VOLUSIA LAW FIRM’S SPONSORSHIP OF POKER RUN HELPS MAMMOGRAM FOUNDATION RAISE MONEY
PORT ORANGE – The Port Orange-based law firm of Rue & Ziffra recently helped the Tracy Dillon Mammogram Foundation raise money by matching every $10 entry fee for a poker run held recently by the Bikers for First Amendment Rights.
The event, dubbed the “Poker Run to Nowhere and All Day Jam,” was a fundraiser for the Tracy Dillon√, a disc jockey at WHOG Radio Station 95.7 FM who has been diagnosed with cancer.
More than 100 bikers participated in the traveling hand of poker that also included live music, a scavenger hunt, silent auction, raffles, games, body airbrushing, T-shirts, and cancer screenings.
About Rue & Ziffra: Founded by John D. Rue and Allan L. Ziffra, the personal-injury law firm of Rue & Ziffra has served the Central Florida community for more than 25 years. The firm’s commitment to its profession and its clients has earned it a reputation as one of the top personal-injury law firms in Central Florida. Known for handling everything from automobile and motorcycle accidents to medical malpractice, wrongful death, and social security and disability cases, Rue & Ziffra has recovered millions of dollars for injured clients and their families. With a staff of nine attorneys, the firm maintains offices in Port Orange and Orange City. For more information, visit www.rueziffra.com.
The event, dubbed the “Poker Run to Nowhere and All Day Jam,” was a fundraiser for the Tracy Dillon√, a disc jockey at WHOG Radio Station 95.7 FM who has been diagnosed with cancer.
More than 100 bikers participated in the traveling hand of poker that also included live music, a scavenger hunt, silent auction, raffles, games, body airbrushing, T-shirts, and cancer screenings.
About Rue & Ziffra: Founded by John D. Rue and Allan L. Ziffra, the personal-injury law firm of Rue & Ziffra has served the Central Florida community for more than 25 years. The firm’s commitment to its profession and its clients has earned it a reputation as one of the top personal-injury law firms in Central Florida. Known for handling everything from automobile and motorcycle accidents to medical malpractice, wrongful death, and social security and disability cases, Rue & Ziffra has recovered millions of dollars for injured clients and their families. With a staff of nine attorneys, the firm maintains offices in Port Orange and Orange City. For more information, visit www.rueziffra.com.
Tuesday, June 7, 2011
Volusia Law Firm Sponsors 13th Annual Crime Stoppers Banquet
Four Area Crime Stoppers Named “Officers of the Year”
PORT ORANGE – The personal-injury law firm of Rue & Ziffra recently helped sponsor the 13th annual Crime Stoppers Community Banquet during National Police Week as Crime Stoppers recognized four top tier crime fighters as “Officers of the Year.”
Crime Stoppers of Northeast Florida recognized the four individuals – one from each county in the 7th Judicial District – from a slate of 19 nominees from law enforcement agencies in Flagler, Putnam, St. Johns and Volusia counties for their distinguished accomplishments and outstanding service to the community during the past year.
“We couldn’t be more proud to sponsor an event to honor the dedicated men and women who make such a difference in our communities and in our lives,” said Allan L. Ziffra, president of the Port Orange-based law firm.
Those selected and their respective counties were:
•Volusia County – Officer Nicholas Gurucharri, Daytona Beach Police Department
•Putnam County – Det. Robert Smith Jr., Putnam County Sheriff’s Office
•Flagler County – Inv. James Parker, Office of the State Attorney, 7th Judicial Circuit
•St. Johns County – Det. Laurie-Ann Lucas, St. Augustine Beach Police Department
This year’s banquet, held May 18 in Daytona Beach coincided with National Police Week, when law enforcement officers are recognized nationwide for their service and sacrifice.
Crime Stoppers of Northeast Florida works with law enforcement agencies in the 7th Judicial Circuit by providing the Crime Stoppers’ Tip Line in Volusia, Flagler, Putnam and St John counties to receive anonymous information to help solve crimes, according to Shira Johnson, executive director of Crime Stoppers of Northeast Florida.
In 2010, 173 arrests were made based on information anonymously given to Crime Stoppers, which has a mission “To Solve and Prevent Crime through Citizen Participation,” Johnson said.
For more information about Crime Stoppers, call 386-212-6543 or click on www.WeStopCrime.com.
For more information about this release, please contact: Jessica Eckelbarger, Marketing Manager, Rue & Ziffra, 386-788-7700 or Charlene Hager-Van Dyke, Larry Vershel Communications, 386-532-8862, 407-644-4142.
Monday, June 6, 2011
Why Your Motorcycle Should Have Uninsured Motorist Coverage
Article Submitted By: Daytona Auto. Accident Attorney Allan Ziffra
Florida Personal Injury Attorneys; Rue & Ziffra, P.A.
According to the National Safety Council, there is a motorcycle accident in the United States causing serious bodily injury every 14 seconds. In addition the National Highway Traffic Safety Administration reported that in 2006 4,798 motorcycle riders died in motorcycle crashes while another 87,000 motorcyclists were injured.
The failure of other drivers to detect and recognize the presence of motorcycles is the predominant cause of motorcycle accidents. Unfortunately, the State of Florida does not mandate bodily injury coverage for automobile drivers and therefore more than one-third of all vehicles on Florida’s roads are uninsured for liability coverage. Considering the serious injuries that motorcyclists often sustain in motorcycle accidents, a whopping two-thirds of all vehicles on Florida’s roads and highways are inadequately insured. If you’re struck by an uninsured or underinsured motorist, there is a high probability that there will not be adequate insurance to compensate you for the injuries and damages that you sustain.
That’s why it is important to purchase uninsured and underinsured motorist coverage on your motorcycle and automobile insurance policies.
Who Causes Motorcycle Accidents?
The Hurt Report is the most comprehensive study of motorcycle accidents and causes in the United States. This report found that the majority of all motorcycle accidents are caused by the negligence of the operator of an automobile. Most motorcycle accidents occur at intersections when the other vehicle turns into the motorcycle’s lane of travel, violating the motorcyclist’s right-of-way. In most of these cases, the other driver simply did not see the approaching motorcycle.
The second most common cause of motorcycle accidents occurs when a motorcycle is slowing and the driver of an automobile does not notice the motorcycle in time to stop their vehicle safely. Instead, the automobile runs into the back of the motorcycle.
Uninsured Drivers Are More Common Than You Might Think
Although Florida requires all registered automobiles to have No-Fault Insurance, the state does not mandate the purchase of liability insurance. In short, bodily injury liability insurance is the coverage that an individual would purchase to protect them in the event that they are negligent and cause injury to another motorist. Various reports indicate that up to 15% of all drivers in the United States do not have any insurance at all and that up to one third of drivers in the State of Florida maintain no liability insurance.
The Property Casualty Insurers Association of America estimates that unlicensed and uninsured drivers are involved in more than 20% of all fatal accidents in the United States. This means that if you’re operating a motorcycle and you’re struck by another vehicle in the State of Florida, there is a one in three chance that that negligent motorist will have no liability insurance at all and a two in three chance that they will have inadequate liability insurance to compensate you for your injuries and damages.
What Happens if an Uninsured Driver Causes a Motorcycle Accident?
The impact of being involved in a motorcycle accident can be devastating and can permanently change your life. If an accident is caused by an uninsured or underinsured driver, the financial impact of medical bills, lost wages and loss of earning capacity can leave you financially destitute. If the negligent automobile operator who causes you injury does not have liability insurance, one of your strongest options is to hire an attorney, sue them and attempt to collect any judgment from them personally.
Unfortunately, most people purchase automobile insurance in amounts correlating to potential assets that they have. Therefore, in the vast majority of cases, individuals who are uninsured or underinsured are usually uncollectible. In addition, Florida’s homestead laws protect an individual’s home and all their equity from judgments and negligent drivers can avoid most or all of a judgment by filing bankruptcy.
The Importance of Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist insurance is vital if you are going to operate a motorcycle in the State of Florida. By law this coverage must be offered to an individual who purchases liability insurance on a motorcycle, truck, car or other personal land motor vehicle and can only be avoided if the named insured signs a special rejection form that is approved by the Florida Department of Insurance. Uninsured/underinsured motorist coverage protects you while operating your motorcycle, anyone else operating your motorcycle or any passenger that you may have on your motorcycle if you are involved in an accident with someone who doesn’t have any bodily injury liability, or who has minimal amount of this insurance.
What is Uninsured Motorist Coverage?
What is commonly referred to as uninsured motorist coverage in the State of Florida actually has the legal name of uninsured/underinsured motorist coverage or UM/UIM coverage. Uninsured or underinsured motorist coverage protects you, anyone operating your motorcycle, or any passenger on your motorcycle in situations that involve an at fault driver who does not have any liability insurance or does not have enough liability insurance to compensate you for your injuries, medical bills, lost wages or loss of earning capacity.
Uninsured motorist coverage applies in situations where the at-fault driver has no liability insurance at all.
Underinsured motorist coverage applies in the event that your injuries or damages exceed the amount of liability coverage that the at-fault party has purchased. In this situation, your underinsured motorist coverage will apply after the bodily injury coverage that the negligent party purchased has been exhausted (used in full). Your UIM coverage will then compensate you for the balance of your injuries and damages up to the policy limits of the amount of UIM coverage you purchased.
Florida is one of the few states in the country that offers stacking uninsured motorist coverage.
• Non-stacking uninsured motorist coverage applies uninsured/underinsured motorist coverage on a particular vehicle. That means that you can only access the amount of uninsured/underinsured motorist coverage that you purchased on the motorcycle and only if you are operating that motorcycle or some other vehicle that you do not own.
• Stacking uninsured motorist coverage is much broader and allows you to access multiple policy limits from every vehicle that you own that has the stacking form of uninsured motorist coverage. In addition, if you have stacking uninsured/underinsured motorist coverage, you can access that insurance if you’re injured in another vehicle that you own, regardless of whether that vehicle is insured for uninsured/underinsured coverage or not.
How Underinsured Motorist Coverage Works
If you are involved in a motorcycle accident and you sustain a fractured femur that requires an open reduction and internal fixation with an intramedullary rod, you may have the following damages:
• Past medical bills of $40,000
• Past lost wages of $20,000
• Future medical bills of $10,000
• Loss of future earning capacity of $50,000
• Past pain and suffering of $50,000
• Future pain and suffering of $50,000,
Total: $220,000
If the at fault party only maintained $100,000 of liability insurance, then your damages would exceed their available coverage by $120,000. If you had a $100,000 underinsured motorist policy, you could collect the $100,000 from the at fault party’s insurance company and then you would be able to collect the balance of your damages, up to your policy limits, in the amount of $100,000 from your underinsured motorist policy.
Stacking Underinsured Motorist Coverage
If we use the same example above and you have stacking underinsured motorist coverage on your motorcycle and two different cars, the net result to you will be much more beneficial.
In the prior example you would have been able to recover $100,000 from the liability insurance and $100,000 from your (non-stacking) underinsured motorist coverage on your motorcycle, for a total of $200,000. You would still have $20,000 of damages that you are unable to recover from any available insurance source. However, if you have the stacking form of underinsured motorist coverage, you would now have $300,000 in uninsured motorist coverage that you could access and therefore you would have a sufficient amount of insurance coverage to cover all of your damages in the amount of $220,000.
Why Should You Purchase Stacking Uninsured/Underinsured Motorist Coverage?
There are steps that you can take to help reduce the chances of being involved in a serious motorcycle accident. You can wear protective clothing, eye protection and a motorcycle helmet. You can avoid following too closely to the vehicle in front of you, avoid blind spots on vehicles that you are traveling next to, and obey the posted speed limit. You can avoid going through intersections with yellow lights and give yourself extra distance before pulling out in front of traffic.
However, regardless of how cautiously and defensively you drive your motorcycle, you cannot control the actions of other motorists who are in a hurry, on the phone, not paying attention, or driving a vehicle under the influence of alcohol or drugs. The best way to protect yourself, your family, and any passenger on your motorcycle in the case of an accident with an uninsured or underinsured motorist is to purchase adequate stacking underinsured/uninsured motorist coverage on all of your automobiles and motorcycles.
If you have questions regarding your car or motorcycle insurance coverage, contact your insurance agent today and ask them about uninsured/underinsured motorist coverage. If you or a loved one has been involved in a motorcycle accident, you are always welcome to contact a personal injury attorney for legal help. At Rue & Ziffra, P.A., we have 9 attorneys with over 30 years of combined experienced helping individuals receive compensation for motorcycle accidents, car accidents and other types of personal injury claims. To learn more about us, please visit our website.
Rue & Ziffra, P.A., proudly serves areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Florida Personal Injury Attorneys; Rue & Ziffra, P.A.
According to the National Safety Council, there is a motorcycle accident in the United States causing serious bodily injury every 14 seconds. In addition the National Highway Traffic Safety Administration reported that in 2006 4,798 motorcycle riders died in motorcycle crashes while another 87,000 motorcyclists were injured.
The failure of other drivers to detect and recognize the presence of motorcycles is the predominant cause of motorcycle accidents. Unfortunately, the State of Florida does not mandate bodily injury coverage for automobile drivers and therefore more than one-third of all vehicles on Florida’s roads are uninsured for liability coverage. Considering the serious injuries that motorcyclists often sustain in motorcycle accidents, a whopping two-thirds of all vehicles on Florida’s roads and highways are inadequately insured. If you’re struck by an uninsured or underinsured motorist, there is a high probability that there will not be adequate insurance to compensate you for the injuries and damages that you sustain.
That’s why it is important to purchase uninsured and underinsured motorist coverage on your motorcycle and automobile insurance policies.
Who Causes Motorcycle Accidents?
The Hurt Report is the most comprehensive study of motorcycle accidents and causes in the United States. This report found that the majority of all motorcycle accidents are caused by the negligence of the operator of an automobile. Most motorcycle accidents occur at intersections when the other vehicle turns into the motorcycle’s lane of travel, violating the motorcyclist’s right-of-way. In most of these cases, the other driver simply did not see the approaching motorcycle.
The second most common cause of motorcycle accidents occurs when a motorcycle is slowing and the driver of an automobile does not notice the motorcycle in time to stop their vehicle safely. Instead, the automobile runs into the back of the motorcycle.
Uninsured Drivers Are More Common Than You Might Think
Although Florida requires all registered automobiles to have No-Fault Insurance, the state does not mandate the purchase of liability insurance. In short, bodily injury liability insurance is the coverage that an individual would purchase to protect them in the event that they are negligent and cause injury to another motorist. Various reports indicate that up to 15% of all drivers in the United States do not have any insurance at all and that up to one third of drivers in the State of Florida maintain no liability insurance.
The Property Casualty Insurers Association of America estimates that unlicensed and uninsured drivers are involved in more than 20% of all fatal accidents in the United States. This means that if you’re operating a motorcycle and you’re struck by another vehicle in the State of Florida, there is a one in three chance that that negligent motorist will have no liability insurance at all and a two in three chance that they will have inadequate liability insurance to compensate you for your injuries and damages.
What Happens if an Uninsured Driver Causes a Motorcycle Accident?
The impact of being involved in a motorcycle accident can be devastating and can permanently change your life. If an accident is caused by an uninsured or underinsured driver, the financial impact of medical bills, lost wages and loss of earning capacity can leave you financially destitute. If the negligent automobile operator who causes you injury does not have liability insurance, one of your strongest options is to hire an attorney, sue them and attempt to collect any judgment from them personally.
Unfortunately, most people purchase automobile insurance in amounts correlating to potential assets that they have. Therefore, in the vast majority of cases, individuals who are uninsured or underinsured are usually uncollectible. In addition, Florida’s homestead laws protect an individual’s home and all their equity from judgments and negligent drivers can avoid most or all of a judgment by filing bankruptcy.
The Importance of Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist insurance is vital if you are going to operate a motorcycle in the State of Florida. By law this coverage must be offered to an individual who purchases liability insurance on a motorcycle, truck, car or other personal land motor vehicle and can only be avoided if the named insured signs a special rejection form that is approved by the Florida Department of Insurance. Uninsured/underinsured motorist coverage protects you while operating your motorcycle, anyone else operating your motorcycle or any passenger that you may have on your motorcycle if you are involved in an accident with someone who doesn’t have any bodily injury liability, or who has minimal amount of this insurance.
What is Uninsured Motorist Coverage?
What is commonly referred to as uninsured motorist coverage in the State of Florida actually has the legal name of uninsured/underinsured motorist coverage or UM/UIM coverage. Uninsured or underinsured motorist coverage protects you, anyone operating your motorcycle, or any passenger on your motorcycle in situations that involve an at fault driver who does not have any liability insurance or does not have enough liability insurance to compensate you for your injuries, medical bills, lost wages or loss of earning capacity.
Uninsured motorist coverage applies in situations where the at-fault driver has no liability insurance at all.
Underinsured motorist coverage applies in the event that your injuries or damages exceed the amount of liability coverage that the at-fault party has purchased. In this situation, your underinsured motorist coverage will apply after the bodily injury coverage that the negligent party purchased has been exhausted (used in full). Your UIM coverage will then compensate you for the balance of your injuries and damages up to the policy limits of the amount of UIM coverage you purchased.
Florida is one of the few states in the country that offers stacking uninsured motorist coverage.
• Non-stacking uninsured motorist coverage applies uninsured/underinsured motorist coverage on a particular vehicle. That means that you can only access the amount of uninsured/underinsured motorist coverage that you purchased on the motorcycle and only if you are operating that motorcycle or some other vehicle that you do not own.
• Stacking uninsured motorist coverage is much broader and allows you to access multiple policy limits from every vehicle that you own that has the stacking form of uninsured motorist coverage. In addition, if you have stacking uninsured/underinsured motorist coverage, you can access that insurance if you’re injured in another vehicle that you own, regardless of whether that vehicle is insured for uninsured/underinsured coverage or not.
How Underinsured Motorist Coverage Works
If you are involved in a motorcycle accident and you sustain a fractured femur that requires an open reduction and internal fixation with an intramedullary rod, you may have the following damages:
• Past medical bills of $40,000
• Past lost wages of $20,000
• Future medical bills of $10,000
• Loss of future earning capacity of $50,000
• Past pain and suffering of $50,000
• Future pain and suffering of $50,000,
Total: $220,000
If the at fault party only maintained $100,000 of liability insurance, then your damages would exceed their available coverage by $120,000. If you had a $100,000 underinsured motorist policy, you could collect the $100,000 from the at fault party’s insurance company and then you would be able to collect the balance of your damages, up to your policy limits, in the amount of $100,000 from your underinsured motorist policy.
Stacking Underinsured Motorist Coverage
If we use the same example above and you have stacking underinsured motorist coverage on your motorcycle and two different cars, the net result to you will be much more beneficial.
In the prior example you would have been able to recover $100,000 from the liability insurance and $100,000 from your (non-stacking) underinsured motorist coverage on your motorcycle, for a total of $200,000. You would still have $20,000 of damages that you are unable to recover from any available insurance source. However, if you have the stacking form of underinsured motorist coverage, you would now have $300,000 in uninsured motorist coverage that you could access and therefore you would have a sufficient amount of insurance coverage to cover all of your damages in the amount of $220,000.
Why Should You Purchase Stacking Uninsured/Underinsured Motorist Coverage?
There are steps that you can take to help reduce the chances of being involved in a serious motorcycle accident. You can wear protective clothing, eye protection and a motorcycle helmet. You can avoid following too closely to the vehicle in front of you, avoid blind spots on vehicles that you are traveling next to, and obey the posted speed limit. You can avoid going through intersections with yellow lights and give yourself extra distance before pulling out in front of traffic.
However, regardless of how cautiously and defensively you drive your motorcycle, you cannot control the actions of other motorists who are in a hurry, on the phone, not paying attention, or driving a vehicle under the influence of alcohol or drugs. The best way to protect yourself, your family, and any passenger on your motorcycle in the case of an accident with an uninsured or underinsured motorist is to purchase adequate stacking underinsured/uninsured motorist coverage on all of your automobiles and motorcycles.
If you have questions regarding your car or motorcycle insurance coverage, contact your insurance agent today and ask them about uninsured/underinsured motorist coverage. If you or a loved one has been involved in a motorcycle accident, you are always welcome to contact a personal injury attorney for legal help. At Rue & Ziffra, P.A., we have 9 attorneys with over 30 years of combined experienced helping individuals receive compensation for motorcycle accidents, car accidents and other types of personal injury claims. To learn more about us, please visit our website.
Rue & Ziffra, P.A., proudly serves areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Wednesday, June 1, 2011
Auto Accident Victims May Suffer Vertigo from Nerve Injury
Whether due to an automobile accident, motorcycle accident or bicycle accident, whenever a victim of another’s careless driving strikes their head, there is a chance they may develop a traumatic brain injury. This is because as the brainstem and skull move in different directions during a violent impact, an accident victim may suffer stretching of the vestibular nerve which can cause permanent injury. While it is very common for emergency departments to order a computerized axial tomography (CT) scan of a trauma patient’s head, vestibular disorders are often completely missed or ignored in the vast majority of traumatic head injury cases.
What is the Vestibular Nerve System?
The vestibular system is so complex and sensitive it can easily be destructed by a traumatic blow to the head. The vestibular nerve is one of two branches of the vestibulocochlear nerve. The vestibular nerves have the primary function of transmitting data to and from the brain that have to do with a person’s sense of balance. Specifically, the vestibular cranial nerve provides the means of communication data to and from the brain that directs the necessary adjustments to maintain a proper balance. When the vestibular nerve is working properly, the data transmitted to and from the brain is in constant transmission as an individual walks, runs and even sits.
What Happens When the Vestibular Nerve is Injured?
Any injury to the vestibular nerve itself, ganglion or its semicircle canals can impact an individual’s ability to remain in an upright position and cause him or her to experience a sense of vertigo that can be extremely severe and disabling.
Vertigo is a type of dizziness where an individual experiences a feeling of motion when he or she is in a stationary position. The person may feel that their surroundings seem to be moving either vertically or horizontally even though they are not moving or lying down. Often there may also be a sense of spinning and the severity of the symptoms can make it hard for a person to keep their balance and carrying out the everyday functions and tasks of life.
Vertigo can last from a few minutes to several days and even for the rest of a victim’s lifetime. It can result in the following symptoms:
• Loss of balance
• Nausea
• Vomiting
• A sense that your surroundings are moving or spinning
• Light-headedness
• Difficulty walking
• Difficulty standing still
• Blurred vision
• Ear aches
If you have been involved in a motorcycle accident, auto accident or bicycle accident and sustained a severe blow to the head resulting in such symptoms as vertigo, you may have sustained a vestibular nerve injury. It is important to seek out the appropriate medical testing in order to properly diagnose and document the injury. With proper diagnosis, medical treatments can be applied to reduce the symptoms and effect on a victim’s life. When this treatment is properly documented in medical records, a lawyer experienced in vestibular nerve injury and traumatic brain damage caused from motor vehicle and bicycle accidents can often maximize a victim’s recovery and make sure he or she is compensated for future medical bills, future lost wages, and loss of earning capacity.
The Daytona Beach personal injury attorneys at Rue & Ziffra, P.A. have over 25 years combined of experience in representing victims of automobile accidents, motorcycle accidents and other areas of practice. To learn more about their firm, please visit their website. They proudly serve areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
What is the Vestibular Nerve System?
The vestibular system is so complex and sensitive it can easily be destructed by a traumatic blow to the head. The vestibular nerve is one of two branches of the vestibulocochlear nerve. The vestibular nerves have the primary function of transmitting data to and from the brain that have to do with a person’s sense of balance. Specifically, the vestibular cranial nerve provides the means of communication data to and from the brain that directs the necessary adjustments to maintain a proper balance. When the vestibular nerve is working properly, the data transmitted to and from the brain is in constant transmission as an individual walks, runs and even sits.
What Happens When the Vestibular Nerve is Injured?
Any injury to the vestibular nerve itself, ganglion or its semicircle canals can impact an individual’s ability to remain in an upright position and cause him or her to experience a sense of vertigo that can be extremely severe and disabling.
Vertigo is a type of dizziness where an individual experiences a feeling of motion when he or she is in a stationary position. The person may feel that their surroundings seem to be moving either vertically or horizontally even though they are not moving or lying down. Often there may also be a sense of spinning and the severity of the symptoms can make it hard for a person to keep their balance and carrying out the everyday functions and tasks of life.
Vertigo can last from a few minutes to several days and even for the rest of a victim’s lifetime. It can result in the following symptoms:
• Loss of balance
• Nausea
• Vomiting
• A sense that your surroundings are moving or spinning
• Light-headedness
• Difficulty walking
• Difficulty standing still
• Blurred vision
• Ear aches
If you have been involved in a motorcycle accident, auto accident or bicycle accident and sustained a severe blow to the head resulting in such symptoms as vertigo, you may have sustained a vestibular nerve injury. It is important to seek out the appropriate medical testing in order to properly diagnose and document the injury. With proper diagnosis, medical treatments can be applied to reduce the symptoms and effect on a victim’s life. When this treatment is properly documented in medical records, a lawyer experienced in vestibular nerve injury and traumatic brain damage caused from motor vehicle and bicycle accidents can often maximize a victim’s recovery and make sure he or she is compensated for future medical bills, future lost wages, and loss of earning capacity.
The Daytona Beach personal injury attorneys at Rue & Ziffra, P.A. have over 25 years combined of experience in representing victims of automobile accidents, motorcycle accidents and other areas of practice. To learn more about their firm, please visit their website. They proudly serve areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Tuesday, May 24, 2011
Comparative Negligence in Medical Malpractice Claims
Article Submitted By: Medical Malpractice Attorney, Kim Bouck
Deltona Medical Malpractice lawyers; Rue & Ziffra, P.A.
When an individual suffers an injury as a result of medical malpractice, he or she has the right to file a claim for compensation of damages. As with many types of personal injury cases, a person claiming malpractice must be able to prove that the negligence did indeed occur and that the injuries sustained directly resulted from it.
In many hospital malpractice cases, the person whose negligence caused the injuries (a doctor, nurse or hospital in general) typically pays for the victim’s medical bills and other damages. In the State of Florida, however, the injured person may assume comparative negligence in their own medical malpractice case.
What is Comparative Negligence?
In some cases, more than one person may have contributed to the medical malpractice received by the injured person. Also, the injured person themselves may have contributed in some way to their injuries. Since these types of cases can have multiple negligent parties, the statutes of comparative negligence were created.
In a comparative negligence system, a jury or judge determines and assigns a proportion of fault to each responsible party and then apportions the damage award accordingly. This means that each party will be assigned a proportion of the fault, and then will have to pay that proportion in damages to the injured party.
Using this system, an injured person may recover some of his damages even if he was partially to blame for causing the accident. For example, even if the victim is found to be 99% at fault in causing his injury, he will still be able to receive the 1% in damages caused by the other negligent party. As you can see, the victim’s financial recovery will just be reduced, depending how his own actions caused or contributed to the injury.
Remember that many exceptions to the standard negligence systems are present in several states. Additionally, some states limit the types of cases to which these negligence systems may apply.
What Types of Things can be Used Against Me?
If you have received an injury from some sort of medical malpractice and choose to file a claim, the doctor or other medical care provider under scrutiny will often try to build their own defense. As a result, the doctor may review your medical records and look for certain information such as:
•Instances of missed appointments
•Noncompliance with a treatment plan
•Written documentation of you engaging in lifestyle choices that could be bad for your health
All of these pieces of information could be used as evidence against your claim if the doctor presents these instances to the jury. If the jury feels you are in part responsible for your damages or injury, your award will be lessened by the percent of comparative negligence they ultimately determine.
If you or a loved one believes to have been the victim of a doctor’s negligence, remember that you always have the option of seeking legal help from a malpractice attorney. The Deltona medical malpractice attorney at Rue & Ziffra, P.A. has experience in representing the victims of nursing home abuse, medical malpractice, hospital negligence and other areas of practice.
Rue & Ziffra, P.A., proudly serves areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Deltona Medical Malpractice lawyers; Rue & Ziffra, P.A.
When an individual suffers an injury as a result of medical malpractice, he or she has the right to file a claim for compensation of damages. As with many types of personal injury cases, a person claiming malpractice must be able to prove that the negligence did indeed occur and that the injuries sustained directly resulted from it.
In many hospital malpractice cases, the person whose negligence caused the injuries (a doctor, nurse or hospital in general) typically pays for the victim’s medical bills and other damages. In the State of Florida, however, the injured person may assume comparative negligence in their own medical malpractice case.
What is Comparative Negligence?
In some cases, more than one person may have contributed to the medical malpractice received by the injured person. Also, the injured person themselves may have contributed in some way to their injuries. Since these types of cases can have multiple negligent parties, the statutes of comparative negligence were created.
In a comparative negligence system, a jury or judge determines and assigns a proportion of fault to each responsible party and then apportions the damage award accordingly. This means that each party will be assigned a proportion of the fault, and then will have to pay that proportion in damages to the injured party.
Using this system, an injured person may recover some of his damages even if he was partially to blame for causing the accident. For example, even if the victim is found to be 99% at fault in causing his injury, he will still be able to receive the 1% in damages caused by the other negligent party. As you can see, the victim’s financial recovery will just be reduced, depending how his own actions caused or contributed to the injury.
Remember that many exceptions to the standard negligence systems are present in several states. Additionally, some states limit the types of cases to which these negligence systems may apply.
What Types of Things can be Used Against Me?
If you have received an injury from some sort of medical malpractice and choose to file a claim, the doctor or other medical care provider under scrutiny will often try to build their own defense. As a result, the doctor may review your medical records and look for certain information such as:
•Instances of missed appointments
•Noncompliance with a treatment plan
•Written documentation of you engaging in lifestyle choices that could be bad for your health
All of these pieces of information could be used as evidence against your claim if the doctor presents these instances to the jury. If the jury feels you are in part responsible for your damages or injury, your award will be lessened by the percent of comparative negligence they ultimately determine.
If you or a loved one believes to have been the victim of a doctor’s negligence, remember that you always have the option of seeking legal help from a malpractice attorney. The Deltona medical malpractice attorney at Rue & Ziffra, P.A. has experience in representing the victims of nursing home abuse, medical malpractice, hospital negligence and other areas of practice.
Rue & Ziffra, P.A., proudly serves areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Monday, May 23, 2011
Do You Know a Dangerous Dog?
It goes without saying that dog owners should always take steps to properly care for their pets. They should also take steps to ensure that they are not a potential harm to the public. As we all know, however, accidents can happen. If your dog is involved in an incident where a person is bitten, and the incident is reported, it is possible that your dog will (from that point forward) be deemed a “dangerous dog” under the Florida Statutes. This designation will have several impacts upon both your dog and upon you as the dog owner.What is a Dangerous Dog?
A “dangerous dog,” as defined in §767.11, Florida Statutes, is one that has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; has more than once severely injured or killed a domestic animal while off the owner’s property; or has been used primarily or in part for the purposes of dog fighting. Further, even an instance of your dog chasing or approaching a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack without provocation can be enough for your dog to be deemed “dangerous.”
What Happens if My Dog is Deemed “Dangerous”?
If your dog bites someone, or is accused of one of the other wrongs identified in the above-mentioned statute, an animal control authority will likely investigate the matter and could determine your dog is in fact a dangerous dog. If this happens, the dog could be destroyed, or, in the alternative, you as the owner will have to take certain steps to ensure similar bad acts are not repeated by your “dangerous dog.”
Steps the owner may have to take
Register the dog as dangerous. First, the owner must obtain a certificate of registration for the dangerous dog from animal control. To get this registration, the owner will have to provide proof of vaccinations, evidence that the dog will be kept in a proper enclosure displayed with a visible “dangerous dog” sign and evidence that the dog has been tattooed or has an electronic implant for permanent identification.
Keep the dog in a proper enclosure. While on the owner’s property, the dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure. This structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping. The pen or structure must have secure sides as well as a secure top to prevent the dog from escaping over, under or through it.
Take note that this requirement applies to the actual “owners” of a dangerous dog. The statute defines owner as any person possessing, harboring, keeping or having control or custody of the animal, or the parent of such person if he or she is younger than 18 years old. If a friend or relative asks you to care for their dog, make sure you know if it has been deemed as dangerous and if whether or not you are required to keep the dog in a proper enclosure as defined in the statute. Failing to do so could expose you to substantial liability risks if there were another incident involving the dangerous dog.
Use proper restraints when walking or moving the dog. If a dangerous dog is taken out of its proper enclosure, the dog must generally be muzzled and on a chain or leash at all times.
Notify the authorities immediately if the dog escapes. The owner must notify animal control authorities immediately if the dangerous dog escapes its enclosure, if it bites someone again, if there is a change in ownership of the dog or if it dies.
Consequences of Non-Compliance
It is important to be aware that owners who do not comply with the requirements relating to dangerous dogs can face substantial fines and even jail time. Additionally, if someone is injured by a dog known to be dangerous and there is evidence of the owner not taking the steps required by statute, the dog bite victim could make a claim for punitive damages.
If you have been the victim of an attack from a dangerous dog, report the incident to local authorities, seek treatment for your injuries and know that you can always call on an attorney for legal help. The personal injury attorneys at Rue & Ziffra, P.A. have handled dog bite cases and can help you learn more about your rights.
Rue & Ziffra, P.A., proudly serves areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Friday, May 20, 2011
Preventing Unnecessary Drowning in Florida’s Pools
With miles of accessible beaches, beautiful sun and long summer months, there isn’t much question as to why Daytona Beach is known as “The World’s Most Famous Beach”. For those individuals not privy to swimming in the ocean, however, these same factors also make Florida the perfect location for enjoying time in the sun in a swimming pool.
With more than a million swimming pools bought by business and home owners alike, Florida is home to more pools than any other state in the U.S. It is not surprising, then, that many children suffer accidental deaths every year in Florida from drowning in a swimming pool.
Pool Drowning Statistics
According to the Consumer Products Safety Commission, there are approximately 1,900 swimming pool-related drowning deaths in the United States each year. Of this number, over 300 children accidentally drown each year in swimming pools, all under the age of five.
Although drowning accidents do occur in public pools that are supervised by lifeguards, most fatalities occur at residential pools. According to the Consumer Products Safety Commission:
With more than a million swimming pools bought by business and home owners alike, Florida is home to more pools than any other state in the U.S. It is not surprising, then, that many children suffer accidental deaths every year in Florida from drowning in a swimming pool.
Pool Drowning Statistics
According to the Consumer Products Safety Commission, there are approximately 1,900 swimming pool-related drowning deaths in the United States each year. Of this number, over 300 children accidentally drown each year in swimming pools, all under the age of five.
Although drowning accidents do occur in public pools that are supervised by lifeguards, most fatalities occur at residential pools. According to the Consumer Products Safety Commission:
- 53% of drowning fatalities occur In the pool at the victim’s home
- 19% of drowning fatalities occur in the pool of a family member or close family friend
- 12% of drowning fatalities occur at undisclosed locations
- 8% of drowning fatalities occur at community or commercial pools
- 81% of drowning fatalities occur in in-the-ground pools
- In over 66% of deaths involving children under the age of 5, the child was last seen inside the house and was most likely to be under the care of one or both parents who were engaged in some type of routine activity
- Access to the pool in 71% of cases was a door leading from the house to the pool area
- Unintentional drowning of children in the State of Florida between the ages of one and four is 186% higher than the national average
Florida Swimming Pool Statutes
Below are a few statutes that the Florida legislature passed in response to the high number of child drowning fatalities.
F.S. §515.23 – In order to combat the growing number of drowning deaths for children in the State of Florida, the Florida Legislature passed F.S.§515.23 which states:
The legislature finds that drowning is the leading cause of deaths of young children in this state and is also a significant cause of death from medically frail elderly persons in this state, that constant adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and that when lapses in supervision occur, a pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool, spa, or hot tub will reduce drowning and near drowning incidents. In addition to the incalculable human cost of these submersion incidents, the health care costs, loss of lifetime productivity, and legal and administrative expenses associated with drowning of young children and medically frail elderly persons in this state each year and the lifetime cost for the care and treatment of young children who have suffered brain disability due to near drowning incidents each year are enormous. Therefore, it is the intent of the legislature that all new residential swimming pools, spas and hot tubs be equipped with at least pool safety feature as specified in this chapter.
F.S. §515.27 – The Florida Legislature went on to pass F.S. §515.27, the Residential Swimming Pool Safety Feature Options; Penalties. This statute states:
(1) In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:
• (a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
• (b) The pool must be equipped with an approved safety pool cover;
•(c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or
•(d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.
(2) A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.
This statute is designed to reduce the number of child drowning fatalities by making it more difficult for children to exit a home and gain access to a pool without the supervising adult being aware of it.
Chapter 515.29 – In order to reduce the chances of children gaining access to a pool from a yard, the Florida Legislature passed Chapter 515.29, Residential Swimming Pool Barrier Requirements:
(1) A residential swimming pool barrier must have all of the following characteristics:
•(a) The barrier must be at least 4 feet high on the outside.
•(b) The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
•(c) The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
•(d) The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.
(2) The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.
(3) Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.
(4) A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.
(5) A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.
This statute is designed to make access to a pool limited by any child, regardless of whether or not they live at the particular home. It provides for minimum specifications for fences or gates that will prevent access to the pool for young children who are at risk of drowning.
A Pool Owner’s Responsibility
Pool owners are responsible to ensure that their pools are safe for their families, guests and neighborhood children by complying with the requirements of F.S. §515.27 and F.S. §515.29. A property owner may be found liable for damages in the event of a swimming pool drowning or near drowning if they fail to comply with Florida’s pool safety laws.
Ways to Prevent Drowning Deaths
Most drowning deaths are preventable if pool owners take proactive steps to keep their pool area safe and well guarded from children. The Florida Swimming Pool Association encourages safety for all pool owners. They provide the following acronym for safety to remember some important tips:
S is for supervision – children need to be constantly supervised
A is for alert – watch for dangers in and around the pool
F is for free from substances
E is for emergency education – get trained with CPR and emergency rescue
T is for teaching
Y is for you – you are responsible for your pool
Why Would I Need an Attorney?
When someone drowns or suffers any kind of injury on or around a swimming pool, a complete investigation of the incident starts with the pool owner’s compliance with F.S. §515.27 and §515.29 mentioned previously. Often, tough questions need to be considered in order to find who is liable for a person’s injuries, such as: Did the property owner have a fence around the pool, or gates or doors properly secured? Were access alarms installed and properly functioning? Was the pool covered? Was the water drain on the pool properly protected?
In order to get these questions properly answered and determine whether or not there is legal responsibility on behalf of a pool owner for a drowning or near drowning injury, an individual may want to talk to an attorney knowledgeable in personal injury claims. At Rue & Ziffra, P.A., we have a staff of 9 attorneys who handle multiple areas of personal injury, including claims of swimming pool injuries and accidental drowning. We have over 25 years of combined experience helping individuals who have been wronged by someone else’s negligent behavior.
Rue & Ziffra, P.A., proudly serves areas in and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Monday, May 16, 2011
Deadly Medicine in America
In 2000 the Journal of the American Medical Association published the number of yearly fatalities resulting from unnecessary surgery, hospital-acquired infections and other instances of harmful medical care. This estimate reached a total of 250,000 lives lost in just one year due to medical negligence. By that figure, it is said that an encounter with the United States health care system was the third leading cause of death in America. This figure falls behind only to all episodes of heart disease and cancer.After this publication was released, the severity of the statistics it claimed led to an investigation by Congress into the health care system. As a result, many plans were enacted to improve the quality of care given by hospitals and nursing homes including the development of hospital performance improvement teams across the country. Still, after establishing all the plans and protocols in order to prevent (or even reduce) medical injuries, American medicine is said to be even more dangerous today.
In November, 2010 the U.S. Department of Health and Human Services released a study that covered the 15% of the U.S. population enrolled in Medicare. It found that each month, one out of seven Medicare hospital patients are injured – and an estimated 15,000 are killed – by harmful medical practice.
The Centers for Disease Control and Prevention have estimated that almost 100,000 Americans now die from hospital-acquired infections alone, and that most of these cases are later found to be preventable. Due to the costs of treating these infections, Medicare is requiring hospitals to identify by coding whether or not the conditions were present upon admission.
After reading this, it may seem shocking that so many individuals are subject to life-threatening situations as a result of the health care they receive. Although you may feel like there is not much you can do to guard against medical malpractice, there are some small and easy steps you can take to help keep yourself safe. According to the Agency for Healthcare Research and Quality, there are some proactive ways you can try to keep yourself apart from these staggering statistics:
•Make sure your healthcare provider washes their hands before they touch or examine you
•Speak up to your health care provider if you have questions or concerns about any treatment you have received or any symptoms you are having
•Enlist a family member or friend to be with you and to advocate for you when going to the hospital or doctor’s office
•Ask about your test results and know what they mean
•Learn about your condition and all the treatments available to you
If you or a loved one believes to have been the victim of a doctor’s negligence or have other questions about medical malpractice, remember that you always have the option of seeking legal help from a medical malpractice attorney. The Deltona medical malpractice attorney at Rue & Ziffra, P.A. has experience in representing the victims of nursing home abuse, medical malpractice, hospital negligence and other areas of practice. For more information, please visit their website.
Rue & Ziffra, P.A., proudly serves areas throughout and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Tuesday, May 10, 2011
Boating and Water Craft Accidents in Florida
Article Submitted By: Personal Injury Attorney Allan Ziffra
Daytona Beach Boating Accident Attorney; Rue & Ziffra, P.A.
As of 2003 there were 12,794,616 registered boats and personal watercraft machines in the United States. According to Florida Fish & Wildlife Conservation Commission, Florida occupies over one million of these registered boats, beating even California as the nation’s boating capitol. In addition to this, approximately 450,000 boats registered in other states use Florida waterways in any given year.
With miles of coastline and waterways, Florida is also a natural docking point for commercial shipping boats, commercial fishing boats, cruise ships and recreational watercraft. Florida’s destination as one of the leading world vacation spots means that water sports such as water skiing, swimming, boating, wake boarding, jet skiing and fishing are often sought out by those who live and visit here. Although these types of activities are enjoyable, they can become dangerous when operated by inexperienced or intoxicated individuals.
Boating Accident Statistics
According to the United States Coast Guard Office of Boating Safety, each year there are more than 8,500 boating accidents resulting in more than 4,500 serious injuries and 850 deaths in the United States. In 2003 there were 5,438 accidents, 3,888 injuries, and 703 fatalities as a result of boating and personal watercraft use. As a result of the 5,438 accidents, there was a total of $40,422,374 in property damage.
Because of Florida’s expansive coastline, tropical climate and unbelievable diving and fishing opportunities, it has become one of the most popular boating areas in the world. Unfortunately, due to the high traffic and the number of inexperienced boat operators visiting Florida, it is also one of the most dangerous boating areas in the world and unfortunately the national leader in serious boating accidents.
According to the Florida Fish & Wildlife Conservation Commission, there were 671 boating accidents in Florida in 2006 with 420 people being injured and 69 fatalities. Property damage from the 671 boating accidents was valued at over $8.6 million. In 2009 Florida led the nation in the total number of boating accidents with 620 with resulting property damage exceeding $10 million.
Types of Water Craft Accidents
Boat accidents – Typical boating accidents can involve collisions with other boats, boat capsizing from large wakes, slip and falls on cruise ships, collisions with fixed objects, running ashore or faulty design or manufacturing of boats or boat parts.
Personal water craft liability - Accidents involving personal water craft machines can result from collisions with other machines, collisions with boats, flipping the device and running into a stationary object. Often, these types of accidents are caused from such factors as negligent operation, using excessive speed, jumping waves or boat wakes, improper training of minors who are renting Jet skis and improper utilization of safety devices.
Swimmers and divers – Accidents can also involve swimmers, snorkelers or divers being struck by boats or personal watercraft. These incidents can occur if the boat operator fails to keep a proper lookout, drives too close to diving buoys or operates their boat or personal watercraft in designated swimming areas.
According to the US Coast Guard, the primary boat or watercraft accident types that result in death or injury are:
• collisions with other boats or fixed objects
•passengers falling overboard
•water ski mishaps
•capsized watercraft
Causes of Boat Accidents
According to the United States Coast Guard, the most reported type of boating accident involved a collision with another vessel. The most common types of boats involved in the reported accidents were open motor boats (representing 42% of boat collisions), personal watercraft (27%) and cabin motor boats (14%). Also, capsizing or falls overboard are the most reported types of fatal accidents according to the US Coast Guard, accounted for over half (57%) of all boating fatalities. Approximately 70% of these fatalities occurred when the victim drowned, and 86% of the victims who drowned were not wearing a personal flotation device or life jacket.
The most common causes of boating accidents are:
•operator inattention
•negligent, careless or reckless operation
•excessive speed
•alcohol use
•no proper lookout
•operator inexperience
•weather
•improper equipment
•equipment failure
•failure to have proper safety equipment on board
•failure to obey posted laws
•improper lighting
Who is Responsible for a Boating Accident?
On the water the captain of each and every vessel is responsible for his or her actions and the effect of his or her actions has on other boaters. This responsibility is defined throughout various rules and laws that the captain must follow, including the duty to use reasonable care when operating a water craft vessel.
In Florida specifically, each boater is responsible for the effect his or her wake has on other boats and boaters.
Some Common Florida Boating Laws
1. It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure any person. Reckless operation of a vessel includes, but is not limited to, a violation of s. 327.331(6). Any person who violates a provision of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances so as not to endanger the life, limb, or property of any person. The failure to operate a vessel in a manner described in this subsection constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property. Any person who violates the provisions of this subsection commits a noncriminal violation as defined in s. 775.08.
3. Each person operating a vessel upon the waters of this state shall comply with the navigation rules.
A. A person whose violation of the navigation rules results in a boating accident, but whose violation did not constitute reckless operation of a vessel, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
B. A person whose violation of the navigation rules does not result in a boating accident and does not constitute reckless operation of a vessel is guilty of a noncriminal violation as defined in s. 775.08.
C. Law enforcement vessels may deviate from the navigational rules when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished.
4. Unless otherwise provided in this chapter, the ascertainment of fault in vessel operations and boating accidents shall be determined according to the navigation rules.
5(A) The owner and operator of every vessel on the waters of this state shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety equipment requirements as specified in the Code of Federal Regulations, unless expressly exempted by the department.
5(B) No person shall operate a vessel less than 26 feet in length on the waters of this state unless every person under 6 years of age on board the vessel is wearing a Type I, Type II, or Type III Coast Guard approved personal flotation device while such vessel is underway. For the purpose of this section, “underway” shall mean at all times except when a vessel is anchored, moored, made fast to the shore, or aground.
6. No person shall operate a vessel on the waters of this state unless said vessel is equipped with properly serviceable lights and shapes required by the navigation rules.
7. The use of sirens or flashing, occulting, or revolving lights on any vessel is prohibited, except as expressly provided in the navigation rules or annexes thereto.
8. Except for sailboats, canoes, kayaks, and inflatable boats, this section applies to all monohull motorboats less than 20 feet in length that are: manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter’s noncommercial use; or engaged in the carrying of six or fewer passengers for hire.
9. No person shall sell or offer for sale any vessel described in subsection (1) unless said vessel displays the maximum capacity information as prescribed in 33 C.F.R. part 183. This shall not apply to resales, but it is the intent of this section to require dealers and manufacturers to furnish this information upon the original sale.
10. No person shall operate any vessel described in subsection (1) when said vessel exceeds the maximum weight capacity, maximum persons capacity, or maximum horsepower capacity. If no maximum capacity information is displayed, the capacities shall be calculated as provided in 33 C.F.R. part 183, subparts C and D. This subsection shall not preclude the finding of reckless operation under s. 327.33(1) when a vessel is operated in a grossly overloaded or overpowered condition.
What can an Attorney Do for Victims of Boating Accidents?
A detailed investigation into the causes of a personal water craft accident will naturally look into the operator or rider’s compliance with boating laws and regulations. Certain questions such as was another boater at fault? was anything wrong with the personal water craft itself? need to be addressed to develop a viable theory of liability. If liability is successfully attributed, a lawyer can help a victim of a boating accident to acquire the appropriate compensation for their injuries and losses.
If you or a loved one are injured while operating or riding on a boat or personal watercraft in Florida, you are always welcome to seek legal help from a personal injury lawyer. The Daytona Beach accident attorneys at Rue & Ziffra, P.A. have over 25 years combined experience pursuing and obtaining compensation for boating accident victims, including those injured while riding a personal watercraft.
Rue & Ziffra, P.A., proudly serves areas in and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Daytona Beach Boating Accident Attorney; Rue & Ziffra, P.A.
As of 2003 there were 12,794,616 registered boats and personal watercraft machines in the United States. According to Florida Fish & Wildlife Conservation Commission, Florida occupies over one million of these registered boats, beating even California as the nation’s boating capitol. In addition to this, approximately 450,000 boats registered in other states use Florida waterways in any given year.
With miles of coastline and waterways, Florida is also a natural docking point for commercial shipping boats, commercial fishing boats, cruise ships and recreational watercraft. Florida’s destination as one of the leading world vacation spots means that water sports such as water skiing, swimming, boating, wake boarding, jet skiing and fishing are often sought out by those who live and visit here. Although these types of activities are enjoyable, they can become dangerous when operated by inexperienced or intoxicated individuals.
Boating Accident Statistics
According to the United States Coast Guard Office of Boating Safety, each year there are more than 8,500 boating accidents resulting in more than 4,500 serious injuries and 850 deaths in the United States. In 2003 there were 5,438 accidents, 3,888 injuries, and 703 fatalities as a result of boating and personal watercraft use. As a result of the 5,438 accidents, there was a total of $40,422,374 in property damage.
Because of Florida’s expansive coastline, tropical climate and unbelievable diving and fishing opportunities, it has become one of the most popular boating areas in the world. Unfortunately, due to the high traffic and the number of inexperienced boat operators visiting Florida, it is also one of the most dangerous boating areas in the world and unfortunately the national leader in serious boating accidents.
According to the Florida Fish & Wildlife Conservation Commission, there were 671 boating accidents in Florida in 2006 with 420 people being injured and 69 fatalities. Property damage from the 671 boating accidents was valued at over $8.6 million. In 2009 Florida led the nation in the total number of boating accidents with 620 with resulting property damage exceeding $10 million.
Types of Water Craft Accidents
Boat accidents – Typical boating accidents can involve collisions with other boats, boat capsizing from large wakes, slip and falls on cruise ships, collisions with fixed objects, running ashore or faulty design or manufacturing of boats or boat parts.
Personal water craft liability - Accidents involving personal water craft machines can result from collisions with other machines, collisions with boats, flipping the device and running into a stationary object. Often, these types of accidents are caused from such factors as negligent operation, using excessive speed, jumping waves or boat wakes, improper training of minors who are renting Jet skis and improper utilization of safety devices.
Swimmers and divers – Accidents can also involve swimmers, snorkelers or divers being struck by boats or personal watercraft. These incidents can occur if the boat operator fails to keep a proper lookout, drives too close to diving buoys or operates their boat or personal watercraft in designated swimming areas.
According to the US Coast Guard, the primary boat or watercraft accident types that result in death or injury are:
• collisions with other boats or fixed objects
•passengers falling overboard
•water ski mishaps
•capsized watercraft
Causes of Boat Accidents
According to the United States Coast Guard, the most reported type of boating accident involved a collision with another vessel. The most common types of boats involved in the reported accidents were open motor boats (representing 42% of boat collisions), personal watercraft (27%) and cabin motor boats (14%). Also, capsizing or falls overboard are the most reported types of fatal accidents according to the US Coast Guard, accounted for over half (57%) of all boating fatalities. Approximately 70% of these fatalities occurred when the victim drowned, and 86% of the victims who drowned were not wearing a personal flotation device or life jacket.
The most common causes of boating accidents are:
•operator inattention
•negligent, careless or reckless operation
•excessive speed
•alcohol use
•no proper lookout
•operator inexperience
•weather
•improper equipment
•equipment failure
•failure to have proper safety equipment on board
•failure to obey posted laws
•improper lighting
Who is Responsible for a Boating Accident?
On the water the captain of each and every vessel is responsible for his or her actions and the effect of his or her actions has on other boaters. This responsibility is defined throughout various rules and laws that the captain must follow, including the duty to use reasonable care when operating a water craft vessel.
In Florida specifically, each boater is responsible for the effect his or her wake has on other boats and boaters.
Some Common Florida Boating Laws
1. It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure any person. Reckless operation of a vessel includes, but is not limited to, a violation of s. 327.331(6). Any person who violates a provision of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances so as not to endanger the life, limb, or property of any person. The failure to operate a vessel in a manner described in this subsection constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property. Any person who violates the provisions of this subsection commits a noncriminal violation as defined in s. 775.08.
3. Each person operating a vessel upon the waters of this state shall comply with the navigation rules.
A. A person whose violation of the navigation rules results in a boating accident, but whose violation did not constitute reckless operation of a vessel, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
B. A person whose violation of the navigation rules does not result in a boating accident and does not constitute reckless operation of a vessel is guilty of a noncriminal violation as defined in s. 775.08.
C. Law enforcement vessels may deviate from the navigational rules when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished.
4. Unless otherwise provided in this chapter, the ascertainment of fault in vessel operations and boating accidents shall be determined according to the navigation rules.
5(A) The owner and operator of every vessel on the waters of this state shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety equipment requirements as specified in the Code of Federal Regulations, unless expressly exempted by the department.
5(B) No person shall operate a vessel less than 26 feet in length on the waters of this state unless every person under 6 years of age on board the vessel is wearing a Type I, Type II, or Type III Coast Guard approved personal flotation device while such vessel is underway. For the purpose of this section, “underway” shall mean at all times except when a vessel is anchored, moored, made fast to the shore, or aground.
6. No person shall operate a vessel on the waters of this state unless said vessel is equipped with properly serviceable lights and shapes required by the navigation rules.
7. The use of sirens or flashing, occulting, or revolving lights on any vessel is prohibited, except as expressly provided in the navigation rules or annexes thereto.
8. Except for sailboats, canoes, kayaks, and inflatable boats, this section applies to all monohull motorboats less than 20 feet in length that are: manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter’s noncommercial use; or engaged in the carrying of six or fewer passengers for hire.
9. No person shall sell or offer for sale any vessel described in subsection (1) unless said vessel displays the maximum capacity information as prescribed in 33 C.F.R. part 183. This shall not apply to resales, but it is the intent of this section to require dealers and manufacturers to furnish this information upon the original sale.
10. No person shall operate any vessel described in subsection (1) when said vessel exceeds the maximum weight capacity, maximum persons capacity, or maximum horsepower capacity. If no maximum capacity information is displayed, the capacities shall be calculated as provided in 33 C.F.R. part 183, subparts C and D. This subsection shall not preclude the finding of reckless operation under s. 327.33(1) when a vessel is operated in a grossly overloaded or overpowered condition.
What can an Attorney Do for Victims of Boating Accidents?
A detailed investigation into the causes of a personal water craft accident will naturally look into the operator or rider’s compliance with boating laws and regulations. Certain questions such as was another boater at fault? was anything wrong with the personal water craft itself? need to be addressed to develop a viable theory of liability. If liability is successfully attributed, a lawyer can help a victim of a boating accident to acquire the appropriate compensation for their injuries and losses.
If you or a loved one are injured while operating or riding on a boat or personal watercraft in Florida, you are always welcome to seek legal help from a personal injury lawyer. The Daytona Beach accident attorneys at Rue & Ziffra, P.A. have over 25 years combined experience pursuing and obtaining compensation for boating accident victims, including those injured while riding a personal watercraft.
Rue & Ziffra, P.A., proudly serves areas in and around Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
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