West Palm Beach Injury Lawyer Blog

A 2008 incident that started out as a routine trip to the bank for a Miami man but quickly turned into a terrifying nightmare has resulted in a $3.3 million jury award. According to the Miami Herald, on July 3, 2008, Rodolfo Valladeres walked into a Bank of America to cash a check for $100. The bank teller, thinking that Valladeres was there to rob the bank, triggered a silent alarm to alert police. Minutes later, local police descended upon the bank, rushed inside, and ordered everyone to the ground. They then grabbed Valladeres and forced him to the floor, where he was handcuffed and even kicked in the head. It took bank employees and police several minutes before they realized that they had the wrong man.

Around the same time, Miami police had alerted area banks about another man who was a suspect in several robberies. The man, whose image had been captured on surveillance videos at other banks, was also Hispanic, but he was about fifteen to twenty years older than Valladeres and weighed about 55 pounds less. Valladeres happened to be wearing a Miami Heat hat, as was the suspect in the surveillance video. However, according to Valladeres' attorney, it was not even the same design.

In court, Valladeres' attorney argued that the reason for the mistaken identity was that Bank of America did not require its employees to keep photographs of suspected bank robbers at their individual teller stations. Instead, bank tellers were shown the photograph of the robber and had to try to remember the face throughout the day. If the teller who triggered the silent alarm had a picture of the actual robber nearby, she likely would have realized that it was not the same man. Valladeres would have been able to cash his check and go about his business.

This situation involves a range of unique Florida civil law principles.

Florida false imprisonment law provided Valladeres with a cause of action in this case. False imprisonment generally refers to situations when one is held against their will--even for a short time. While it may sound like it refers to police detainment, in most cases it does not. In fact, it is often difficult to win a suit against law enforcement officers of this kind. Instead, most false imprisonment suits involve being detained by private individuals or businesses. In this case, the man sued Bank of America for their negligent behavior in incorrectly identifying him as the robbery suspect which led to the situation.

Since the incident, Valladeres has suffered from headaches and blurred vision, as well as emotional problems resulting from the trauma of being tackled and handcuffed by police. Although those injuries were inflicted by the police, our Palm Beach injury lawyer knows that Florida negligence law allows him to hold Bank of America responsible because the injuries were a direct and foreseeable result of the bank's mistake.

As with any kind of Florida personal injury lawsuit, Valladeres and his attorney are hopeful that the jury's verdict will send a message to banks and other private businesses to always be absolutely positive that they have the right person before subjecting them to the pain, trauma, and humiliation of being arrested. No one should have to endure what Valladeres went through that day. The verdict in this case will go a long way towards ensuring that the same kind of thing does not happen to others in our area.

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Our West Palm Beach injury lawyer brings you this story with the hope that you will pass it on to any friends and family that may be affected. Last week, prescription drug manufacturing giant Pfizer issued a recall for approximately 1 million packages of a birth control pill labeled as Lo/Ovral-28 and its generic version called Norgestrel. The company cited a problem with the packaging of the pills, which may result in the incorrect type of pill being taken on any given day throughout the cycle.

The pills are distributed in a package of 28, and women are instructed to take one pill at the same time every day, with the final week of each cycle consisting of inert pills. The active pills are most often employed to prevent the user from becoming pregnant, but they also have other uses, such as the regulation of hormones for some women. Pfizer has stated that some of the recalled packages may contain inert pills labeled as active pills or inert pills placed in the wrong position in the cycle. They also may contain extra pills. Any one of these scenarios could cause women to believe they are protected when they are not, which could result in higher numbers of unplanned pregnancies. Although the company believes that only about 30 packages were affected by the errors, they recalled about a million packages just to be on the safe side.

The issue was discovered in October of last year by a woman who noticed that the color-coded pills were not where they should be in her pill pack. In order to make it easier for women to remember to take the correct pill on the correct day, Pfizer makes the inert pills pink and the active pills white. When the woman noticed that there was a pink pill where there should have been a white one, she alerted the company, and an investigation was immediately initiated. The investigation uncovered some production problems that caused the packaging errors, and the company has taken steps to correct them.

The company and the U.S. Food and Drug Administration have stated that no cases of unplanned pregnancy or other issues related to the recalled birth control pills have been reported thus far, but the recent recall may help any affected women to realize what went wrong with their birth control use. Because these particular types of drugs were prescribed to tens of thousands of women all across the United States over the last year, Florida women could very well be among those who purchased the recalled packages. Women should talk to their doctors right away if they think they may have taken these pills, and those who were affected in our area should consult a Boynton Beach drug recall lawyer immediately in order to determine whether their use of the defective pills gives rise to a claim against Pfizer. The lot numbers of the recalled packages, as well as instructions for what to do if you received one of them, are available on Pfizer's website.

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A very scary situation developed at a waste treatment plant operated by New England Fertilizer Company ("NEFCO") last week when a large explosion sent shrapnel and debris flying through the air. According to the Palm Beach Post, at the time of the explosion there were a total of three employees working on the site. One worker, a man named Matt Eggley who has been employed by NEFCO as a chief operator for about a year and a half, was injured in the blast. He was taken to a local hospital where he is being treated for his injuries; fortunately, doctors expect him to make a full recovery.

In the aftermath of the blast, police and other investigators are trying to determine what caused the plant explosion. The waste treatment plant where the incident occurred is a plant that takes byproducts from waste water treatment plants and processes it into a form that can be used in the manufacture of plant fertilizer. Eggley and the other two employees who were on-site were performing a routine maintenance and cleaning procedure, but authorities have yet to determine whether that procedure was a contributing factor in the explosion.

As our Boynton Beach personal injury attorney has learned from years of experience with many different accident cases, injuries caused by situations like this one can be some of the most difficult to deal with because it is so difficult to understand why they happened. When someone is injured, he or she often feels a sense of unfairness and questions why it had to be him or her. This can happen even with common situations, such as car accident injuries. in cases like Matt Eggley's, where a workplace injury occurs unexpectedly and without an apparent cause, it can be even more difficult to understand. Victims often suffer from emotional distress after accidents like this one because they have to learn to cope with senseless injuries that they, naturally, feel should not have happened.

Our Palm Beach injury attorney understands that it will take some time for the authorities to complete their investigation and figure out what caused the explosion. Hopefully, the source can be determined and precautions can be taken to ensure that this does not occur in the future. However, in cases like this one, even if the cause cannot be precisely defined, plaintiffs like Matt Eggley do still have options.

Under Florida negligence law, courts will allow what's called a presumption of negligence in a case using the doctrine of res ipsa loquitur. Res ipsa loquitur is a Latin phrase that means "the thing speaks for itself." The idea behind it is that certain things simply do not happen without negligence, so even if the exact nature of the negligence cannot be identified, the very fact that the incident occurred shows that there was negligence. Defendants still have an opportunity to refute the claim of negligence, but the presumption makes it easier for a plaintiff to get compensation for his or her injuries and also makes it more difficult for businesses to avoid liability on a technicality.

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As a resident of Florida, our Boynton Beach injury lawyer knows that people often come to the beaches of this state for vacations and to have a good time. Often, this includes trips to one of the many night clubs that our cities have to offer. Most of the time, the night club experience is a good one, and patrons leave after a fun night filled with music and dancing. However, there have been a growing number of troubling night club incidents such as fist fights, stabbings, and even shootings. These incidents have brought night club security measures into the legal spotlight and forced club owners to take a more exacting look at what they are doing to keep their patrons safe.

In November of last year, a jury awarded over $1 million to a night club patron after one of these serious altercations. The man was attacked while at a popular club that frequently hosts celebrities and VIPs. The attack took place near the restrooms in the front of the club, and the man was severely beaten, with another patron at one point hitting him in the face with a glass. He suffered deep cuts to his face, which doctors were only partially able to repair with reconstructive surgery.

In his lawsuit, the man argued that the night club had provided inadequate security for its patrons and that the club's failure to meet its responsibilities were a cause of the assault and battery that led to his injuries. Florida inadequate security law does not require that the owner of a night club protect its patrons against any conceivable harm from third parties. The law recognizes that it would be unfair to hold business owners liable for all criminal acts committed on their property. However, our Palm Beach inadequate security lawyer knows there are certain legal requirements which mandate that these facilities take measures to protect patrons from reasonably foreseeable harm.

What is reasonably foreseeable depends on a lot of different factors, including the nature of the business, the location of the business, and whether there have been similar incidents in the past. For example, a shopping mall located in a safe neighborhood where there have been few or no incidents of car theft would probably not be found liable for injuries sustained by a patron during a car theft in its parking lot. However, if the shopping mall was located in a dangerous area and several cars had been stolen from it in the recent past, o if the facility knew that there was inadequate lighting in the parking lot then the mall would be much more likely to be held liable for a patron's injuries. In the case of a night club, even one as elite as the one involved with this case, there is alcohol flowing all evening. Night club owners - and indeed, most people - know that the more alcohol that patrons consume, the more likely the chance of violence becomes. Therefore, night club owners should be on constant alert for any signs of impending violence and have enough guards and other security measures in place to ensure that fights are stopped before they get started or at least before someone gets injured.

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Six employees of the juvenile detention facility where an 18-year-old boy named Eric Perez mysteriously died last July were fired this week. The firings occurred in spite of an ongoing investigation into Perez's death where officials have yet to release a cause. Our Palm Beach injury lawyer was saddened to learn that, according to an article published by the Palm Beach Post, Perez died on July 10, 2011 at the Palm Beach Regional Juvenile Center at approximately 8 o'clock in the morning.

Although the exact details have not all been determined at this time, a time line of the events leading up to Perez's passing has emerged. July 9 was Perez's 18th birthday, and some of the guards apparently "horsed around" with him that night before performing his nightly search and returning him to his room. Around 1:30 in the morning on July 10, Perez was observed by guards in his room, and he appeared to be suffering from some kind of hallucination. Not long after, Perez vomited, but he was given a soda and returned to his room for the night. The following morning, he was discovered unconscious in his room. Paramedics were summoned, but by that time, it was too late for them to help him. Eric Perez was pronounced dead at 8:10 on the morning of July 10.

An already-devastating situation for Perez's family has become even more difficult because of the lack of answers. However, the firing of these guards does indicate a general feeling that whatever the conclusions of the final report, they did not act with the required standard of care. As with virtually all state employees, the guards will have the right to appeal the decision and to be heard in their own defense. Each guard's likelihood of success depends upon his personal level of involvement and what he did - or failed to do - on the night that Eric Perez died.

Under Florida negligence law, people are generally not required to assist others who are in need of medical attention. However, when the person in need is in the care of the state, like Eric Perez was, a duty arises and guards are required to assist prisoners. The main reason for this rule is that prisoners are totally reliant on guards to do everything from calling an ambulance to allowing a doctor access to a patient. The nearly absolute power and control that guards exercise over prisoners therefore carries with it an enormous responsibly.

Our Palm Beach wrongful death attorney knows how important it is for families of people who are subject to the care of the state to feel that their loved ones are safe, whether they be inmates at a Florida detention center, residents of a Florida assisted living facility, or a ward of the state. No matter the situation, the state has a moral and a legal obligation to provide proper care to those who must rely on it. If your loved one has suffered an injury at a state facility due to neglect or abuse or passed away while in the care of state employees, he or she may have a right to receive compensation from the state. Additionally, if there is ongoing abuse or neglect, our Palm Beach personal injury lawyer may be able to help stop your loved one and others from continuing to be victimized. Too often, violence and neglect continue because victims are too afraid to speak out against their abusers. Our Palm Beach injury attorney will keep your case confidential and explain your options fully so you can make an informed decision about whether or not to proceed. Give our office a call today to schedule your confidential consultation today.

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Our Palm Beach legal malpractice attorney was interested to read recently in the Sun-Sentinel that the complaint against State Attorney Michael McAuliffe has been dismissed by Florida's Commission on Ethics after the complaint was deemed legally insufficient. The complaint, which was filed by a police officer named Rick Sessa earlier this year, alleged that McAuliffe had abused his prosecutorial discretion by dropping and reducing charges against two other police officers. The two officers in question were caught on video beating and kicking a suspect after he had been subdued and handcuffed. Sessa's complaint against McAuliffe charged that McAuliffe had dropped charges against one officer altogether and dropped the charges against the other down to a misdemeanor, all in hopes of gaining the endorsement of the Police Benevolent Association for an upcoming re-election bid.

The Florida Commission on Ethics dismissed the complaint, saying that Sessa failed to allege enough concrete facts to support his claim. They ruled that the complaint consisted mainly of speculation and conclusion-drawing. The Commission's decision does not reflect the validity of the charges against McAuliffe; it is simply a legal conclusion that states there simply is not enough evidence to move forward on the complaint.

Part of what makes it difficult to prove a claim like this one is that state attorneys like Michael McAuliffe have an enormous amount of discretion in determining whether or not to bring charges against any individual and what charges to pursue. The reason for giving prosecutors so much discretion is to allow them to take circumstances into consideration when deciding whether or how to prosecute. For example, a young man who steals food from a grocery store to feed his family may not be prosecuted the same way as he would be if he stole a television or other non-necessity. Because of all of the many ways that a particular law can be technically violated, it is usually not practical or reasonable to try to include them in the language of the law itself. The prosecutor's nearly unfettered discretion allows him or her to make the exceptions that are necessary.

Additionally, prosecutorial discretion serves the purpose of allowing for the limited resources available to the state attorney's office to be used efficiently. Because prosecuting any suspect costs money, prosecutors must determine which crimes should be prosecuted most vigorously. Prosecutors must be able to make those choices without fearing retribution by victims, victims' rights groups, and other state officials.

As a Palm Beach legal malpractice lawyer, Attorney Eric Luckman understands and appreciates the importance of avoiding any even questionably unethical conduct. Under Florida attorney ethics law, many situations do not allow for easy answers, and sometimes what seems like the best answer to a moral question is not the correct answer under the law. Still, it is a very big part of any attorney's job to be aware of and sensitive to legal ethics laws. If you have witnessed what you believe could be unethical behavior on the part of an attorney or received treatment that you believe could be a violation of Florida's ethics laws, our office may be able to help you or other victims get compensation. Give our office a call today to schedule an appointment with our West Palm Beach legal malpractice attorney.

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The National Transportation Safety Board, an agency of the federal government, announced its plan to push states across the country to adopt a complete ban on using cell phones while driving. While many states already have at least some restrictions in place, Florida has continued to resist the ever-building pressure to outlaw the use of cell phones while driving.

According to an article in the Palm Beach Post, our Palm Beach car accident lawyers know that the resistance to federal pressure is nothing new for the state of Florida. Years ago, state lawmakers struggled to push through a law requiring motorists and their passengers to wear safety belts. It was not until the federal government threatened to withhold additional funding for state roads that the Florida legislature was finally able to come to an agreement on the seat belt law.

Legislators who oppose the ban on talking and texting while driving cite the fact that government involvement in the private lives of individuals continues to increase year after year, with more and more laws being passed with the overall goal of making life safer. While everyone can agree that safety is a good thing to promote, some legislators are resistant to forcing people to give up their freedom to choose their own risk levels in exchange for safety. The seat belt law is a prime example of this. The legislators who opposed it did so because they wanted to protect the freedom of citizens to decide whether or not to utilize a safety belt. The fewer aspects of individuals' lives that the government can control, the less freedom the citizenry retains.

However, some legislators argue that the talking and texting ban is different. Unlike with the seat belt law, which in most cases affects only those who are actually making the decision, a ban on talking and texting while driving often has devastating consequences for other people on the road, not just the person using the phone. In that sense, it is more akin to drinking and driving than to using a seat belt because talking or texting while behind the wheel puts everyone on the road in danger. In fact, although legislators have been resistant to implementing a ban, studies have shown that 87 percent of drivers would support a ban on talking and texting.

Our West Palm Beach injury lawyer knows that talking on the phone or texting while driving can be a big contributing factor in Florida car crashes. While it is often tempting to reach for that cell phone and try to use your time in the car productively, it is also very dangerous. We know that Palm Beach car accident injuries can be severe even in low-speed crashes, and sometimes a fraction of a second of reaction time can be the difference between a minor impact and a major impact. When you are distracted by your cell phone, you simply cannot react as quickly, especially if you have taken your eyes off the road for a second or two. Regardless of whether the state of Florida decides to implement a cell phone ban or not, we encourage drivers to use their cell phones only when necessary and to pull over before sending or reading text messages. It will help keep everyone on the road safer.

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Our West Palm Beach injury attorney is well aware of the reasons that controlled substances of all different varieties are so heavily regulated in the United States. Many of the prescription and over-the-counter drugs that Americans use every day provide invaluable benefits to people who are suffering from all kinds of illnesses and ailments. However, these drugs often come with side effects, which in some cases can be positively devastating. One need only spend a few minutes channel surfing to come across at least one television commercial promoting the latest drug to remedy everything from high blood pressure to arthritis and everything in between. But these same commercials, after telling consumers how beneficial the drugs are, also inevitably contain a laundry list of potential side effects, with some even warning of the possibility of death.

These side effects are not limited to physical conditions. On the contrary, many drugs, especially those designed for people suffering from depression, bipolar disorder, schizophrenia, or another type of mental illness, can produce unexpected and sometimes dangerous effects on the patient's mental processes. In some situations, such effects have caused patients to do things that they otherwise would never have dreamed of doing.

According to an article from the Palm Beach Post, attorneys for Alfred Infosino are arguing that this is precisely what happened to their client. Infosino, now 83 years old, is accused of beating his girlfriend Rita Chirel to death last year. After killing Ms. Chirel, Infosino called 911 and told the operator what had happened. According to courtroom testimony, Infosino appeared to be shocked at what he had done. His attorneys are trying to convince a jury that Infosino's actions were the result not of his own will but of a psychotic break brought on by an anti-depressant drug known as Remeron or Mirtazapine. They claim that Infosino began exhibiting warning signs as early as two months before he attacked Ms. Chirel.

Our Palm Beach product liability lawyer, know that stories like this sometimes carry with them the possibility of civil claims in addition to the criminal charges brought against Infosino. If proper warnings were not provided for this drug, there is a potential for a products liability claim against the manufacturer of the drug. Although the story from the Palm Beach Post does not say whether such a warning was given, it still provides a valuable lesson on the importance of being aware of any possible side effects of the drugs you take and those that your loved one takes.

As personal injury lawyers in West Palm Beach, we know all too well the dangers posed by a failure to monitor prescription drug use and effects properly. Given the current Florida nursing home crisis, careful monitoring by friends and relatives, even those without any formal medical training, has become of utmost importance. If your loved ones are taking any kind of prescription medicine, make sure that you and they know the dangers associated with those drugs. Do not be afraid to ask questions, and help them to identify any warning signs you see that they perhaps cannot.

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Our West Palm Beach injury attorney was saddened to read about an investigation by The Miami Herald this week. The story revealed how the investigation has uncovered a tragic and frightening trend occurring in Florida and most likely in other states across the nation. The state has closed down many mental hospitals, forcing the patients housed there to be relocated. With other mental hospitals filled to capacity, the state has been forced to relocate many of the patients into assisted living facilities that were originally intended to house only the elderly. Additionally, more and more mentally ill patients have been put into smaller areas, with some neighborhoods becoming havens for patients suffering from all kinds of problems.

The combination of patients with widely varying illnesses with each other and with elderly patients who are sometimes not able to defend themselves has created an explosive situation. Cases of rape, assault, and murder have been reported. According to an article by NPR, these problems are greatly exacerbated by inattentive, negligent, and often even abusive staff who fail to provide the treatment and care that their patients require.

In one neighborhood in the city of Lauderhill, Florida, a police officer is fighting back against these terrible conditions, doing all that he can to make things better for the people who live there. This particular area is has so many issues that police respond to calls from that location an average of once every four hours. That's six calls a day just for one small area. The patients in this area are often violent, but in some cases, when police have arrived, they have found already bad situations that were made worse because the staff members who are being paid to keep patients safe were sleeping on the job or otherwise unaware of what was happening.

Officer Tom Merenda does what he can to treat the patients with dignity and respect and to keep them safe. Sadly, he often finds himself protecting them from harm in spite of, rather than along with, the staff. On one occasion, police came to the scene to find a mentally ill patient who had stabbed another patient. The man was covered with blood and incoherent, as he had been for hours, because the caregiver on duty had slept through the incident.

Do you have a friend or family member that may have experienced Palm Beach nursing home neglect? Whether your loved one is an elderly patient or a patient who suffers from some kind of mental affliction, the staff members charged with caring for him or her are responsible for maintaining a safe environment, as well as responding quickly in the event of a dangerous situation. If your loved one has suffered any kind of injury or harm while staying in an assisted living facility, give our Florida nursing home neglect attorney a call to discuss what your options are and where to go from here. Patients who have experienced Palm Beach nursing home abuse or neglect may be entitled to compensation, which can help pay for moving them to better homes where they will receive the care they need.

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As millions of shoppers across the nation head out to their local malls, shopping centers, and discount stores to try to take advantage of annual Black Friday sales and specials, one of the biggest concerns for parents will be finding toys for their children that are not only entertaining, but also safe. Just in time to kick off this year's Christmas shopping, the annual "Trouble in Toyland" report has been released. The "Trouble in Toyland" report identifies toys that are potentially dangerous and compiles a list to help parents make informed decisions when purchasing.

According to ABC 25, the report lists 25 potentially dangerous toys and identifies their harmful components. As our West Palm Beach injury lawyer knows is often the case with dangerous products, these toys are often difficult to identify as dangerous just by looking at them. For example, several of the toys on the list, including a Tinkerbell watch, a plastic bracelet, and a toy Honda motorcycle were identified as containing lead. Others contained parts small enough for a child to choke on but lacked any warning label to alert parents to keep those toys out of the reach of small children.

As is always true, this list of potentially dangerous toys is certainly not exhaustive. Just because a toy is not on the list does not mean that it is free from all risks. Parents should always be tuned in and watching for any possible dangers, and proper supervision is essential to ensuring that children stay safe during play time. Even toys that do not pose any risks in their original condition can become unsafe with use and over time. For example, eyes can fall off of teddy bears and become choking hazards or a deflated balloon or inflatable toy can create a suffocation risk.

Even so, we often do rely on manufacturers to provide products that are safe and to provide warnings if those products carry any serious risks with them. Florida products liability law allows injured consumers to bring a cause of action against manufacturers for product defects that make the product unreasonably dangerous when used as intended or in a reasonably foreseeable way. Sometimes those defects occur as a result of problems with the manufacturing process, and other times those defects are the result of poorly designed products. Additionally, some products are required to include a warning label alerting purchasers to the dangers inherent in use of the product. Either way, manufacturers are required to be vigilant about the safety of their products and to compensate people who are injured when those products do not live up to the standards required by law.

If you or a loved one has suffered injuries as a result of a defective product, you may be entitled to compensation from the manufacturing company. Give our office a call today to set up a consultation with our West Palm Beach personal injury lawyer Attorney Eric Luckman. He is experienced with personal injury law and can help you determine what your case is worth and how best to move forward from where you are.

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Florida lawmakers reversed course this week on policy changes that will affect people across the state. Although just a few months ago, the state legislature was considering removing some of the restrictions and rules that govern Florida assisted living facilities ("ALFs"), such as nursing homes for elderly or terminally ill patients. However, due to mounting complaints about Florida nursing home abuse and neglect of patients, lawmakers have changed their plans and are now working on new regulations that would increase scrutiny of ALFs and give the state more power to control the issuance and revocation of licenses.

Our West Palm Beach elder abuse lawyer knows that the patients who live in Florida nursing homes are all different. Some are in need of minimal care, such as help with meals and medications. Others are in need of more regular medical care, and still others require almost constant care and assistance with everyday tasks. Some patients are literally dependent upon their caregivers to keep them alive. When those caregivers do not provide proper treatment, the consequences can be terrible, even deadly.

In an effort to improve the conditions in nursing homes throughout the state, the Florida legislature is examining new ways to regulate the industry. Some of the proposed changes include higher fines for violations, more stringent testing and certification requirements, and more power in the hands of state officials to close down facilities that do not conform to safety standards.

The families and friends of patients who live in any kind of assisted living facility can also help ensure that these patients are cared for properly and with the level of skill and concern that their respective conditions require. If your loved one depends on the care of one of these facilities, you should be knowledgeable about how to tell whether he or she is being treated properly. One very common sign of neglect for patients who spend most or all of their time in bed is bed sores. Bed sores occur when patients are left in the same position for hours at a time, and the skin covering certain pressure points is worn away. They are incredibly painful, but patients who develop them often cannot move enough to even alleviate some of the pain. If left long enough, they can become very serious and cause infection. Another sign is weight loss. Some patients have been malnourished to the point where they are literally starving. Most importantly, do not be afraid to ask questions or to seek out opinions from doctors outside the facilities where your loved ones live.

If someone you love has suffered from abuse or neglect at an ALF, our West Palm Beach nursing home abuse attorney may be able to help get compensation for his or her injuries and to ensure that no one else has to suffer the same poor treatment. If you have observed any injuries, do not hesitate to take action. Although injuries are not always the cause of poor treatment, the best thing to do is to seek out the cause of injury right away so that it can be remedied.

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The Palm Beach Post reports that a helicopter fell from the sky, hit the roof of a West Palm Beach, Florida home before crushing part of a car and crashing into a yard, officials say. When the helicopter was finally hauled out of the unsuspecting homeowner's yard a sliced palm tree remained in its place.

Nedra Obradovich's roof had a run-in with a small, rented helicopter that landed in her front yard Saturday afternoon. Thankfully no one was seriously injured as a result of the West Palm Beach accident. Obradovich, the pilot and a passenger of the helicopter were able to walk away from the crash, although the pilot and passenger, whose names have not been released, were taken to a nearby hospital as a precaution.

Obradovich expressed enormous relief at her good luck, "I've said it a thousand times, I'm so grateful." The homeowner added that if the helicopter had crashed a few feet in the wrong direction, it would have landed squarely on her house.

She had been working on her computer in the moments before the crash and recalls standing to the roar of something approaching. "It sounded like rolling thunder," Obradovich said. "It was circling."

After the Palm Beach crash, Obradovich found a man and woman walking aimlessly. "I ignored everybody and ran to them. I was concerned," she said. Thankfully there were no broken bones and it wasn't long until everyone was whisked off to the hospital

The long-time Northwood resident believes the pilot may have been aiming for the empty part of her lot to the east of her house, but instead came crashing right beside her home - hitting the car she recently inherited from her mother. "My car actually broke the fall," Obradovich said. "Apparently the helicopter fell on the car and rolled. Luckily the car was there. I never park it there. If it had fallen directly on the land they may not have survived the impact."

Federal investigators examined the wreckage Saturday night and said it appeared the helicopter's engine had failed, Federal Aviation Administration spokeswoman Holly Baker said. The helicopter was about 700 feet in the air before it crashed. The helicopter, owned by the California company Spitzer Helicopter Leasing, was being operated by Ocean Helicopters, a flight school based out of the North Palm Beach County Airport.

National Transportation Safety Board records show helicopters from the flight school have been involved in at least two other accidents in the past 2 1/2 years, one as recently as four months ago, the newspaper said.

Power has since been restored to nearby homes which lost electricity when the small silver and red chopper fell from the sky in West Palm Beach. Obradovich's inherited Ford Fusion appears to have been the only casualty of the crash as it appears to have been totaled. The chopped up palm tree in the front yard has been around since 1988 and may even survive a direct collision with a copter as palm trees can continue living even with their tops chopped off.

Thankfully helicopters falling from sky aren't regular occurrences, yet many other accident do occur with surprising frequency throughout our area. Many local victims suffer personal injury and property damage as a result. Our West Palm Beach injury lawyer is skilled and ready to help regardless of the circumstances surrounding your accident. If you've been injured by circumstances out of your control, please call our Palm Beach injury attorney today for a consultation to determine what your rights are and how to get you the compensation you deserve.

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Fiery Palm Beach Car Crash Claims Life

Our Palm Beach car accident lawyer was disturbed to read the recent report this week in the South Florida Sun-Sentinel about five people that have been arrested in Miami in connection with an elaborate scheme aimed at defrauding several insurance companies.

The partners-in-crime initially gathered together at a house in Miami to concoct a plan to submit $83,000 in bogus claims to four insurance companies for treatment at several local rehab and medical service centers. An investigation conducted by the Department of Financial Services' Division of Insurance Fraud revealed that the ringleader organized a staged automobile accident on June 27, 2011, involving multiple participants. After reporting the faux-collision, each participant was then referred to multiple treatment centers. The group decided to make use of multiple clinics to further game the system and maximize the amount of money paid by each participant's insurance company. Florida Chief Financial Officer Jeff Atwater said his office expects to continue making more arrests related to the incident.

"Fake accidents like these are happening everyday in Florida's biggest cities and are costing Floridians millions of dollars a year in increased auto insurance rates," Atwater said in a statement. Not content to allow such fraud to go unpunished, Atwater responded with a serious threat: "The perpetrators will be caught, they will go to jail, and we will work to get Floridians the relief they deserve on their auto insurance premiums."

The real problem, as Atwater points out, is that, "Staged accident schemes like this are undermining the intent of Florida's no fault laws and are taking money out of the pockets of honest, hardworking Floridians." Investigators in his department are cracking down on this costly and dangerous abuse which has led to significant increases in automobile insurance premiums as honest policy holders cover the expenses related to fraud.

People with any information regarding this or any other incident involving insurance fraud, are asked to call (800) 378-0445. Anonymity is guaranteed and tipsters may even receive a reward of up to $25,000 for information that leads to an arrest and conviction. In the past 10 years the state of Florida has already awarded almost $250,000 to people for such tips.

Such fraud risks undermining the real victims of Florida accidents; the very people that our Palm Beach car accident attorney helps every day. People perpetrating fraud make it harder for those who have had their lives forever changed due to injury. Our Palm Beach injury lawyer knows this and will work tirelessly to convince a Court of the merits of your case. By not accepting frivolous claims, our attorney has developed a reputation in the legal community for only advocating for those individuals who have been truly injured in South Florida. If you're one of those people who have been injured in a West Palm Beach car accident and is in need of help, please call our office today for a consultation to determine what your rights are and how to get you the compensation you deserve.

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Officials in Palm Beach County are hoping to see a decline in traffic accident deaths this year as they have begun a series of new and improved safety measures designed to make the roads safer for travelers. These measures include placing guardrails along State Road 80, where more than a dozen car accidents have resulted in drownings in nearby waters over the past decade. Local law enforcement officers have also been cracking down on drunk drivers, especially in locations that have historically had high crash rates. Also, high gas prices have contributed to fewer drivers on the road, which in turn has resulted in fewer crashes.

In spite of these new developments, however, authorities say that the current year's traffic fatalities are keeping pace with those of last year. Among the top reasons that Palm Beach car crashes continue to occur is the high occurrence of a category of activities that is often labeled as "distracted driving." Distracted driving is a broad term used to describe any situation where the driver is not giving his or her full attention to the road. Common types of distracted driving include texting, talking on a cell phone, eating, applying makeup, changing radio stations, or even talking to passengers while driving.

Our West Palm Beach accident attorney knows that distracted driving occurs all the time in this area and throughout the rest of the state. Unlike many other states, Florida does not have a law that prohibits talking on a cell phone or sending text messages while driving. One need only take a quick look around to see how many drivers are chatting away on their phones while driving, or even worse, repeatedly taking their eyes off the road to type a text message. Drivers like these are the cause of many of the West Palm Beach car crashes that occur every year.

One of the best ways that all drivers can improve safety on the roads is by knowing the dangers and taking them seriously. All too often, there is an attitude of "it won't happen to me," and that attitude leads people to downplay the risks involved in their behavior. Only by recognizing that the risks of distracted driving are real for everyone can we really start to reduce the number of accidents that occur every year as a result.

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According to the doctrine of sovereign immunity, lawsuits against the state are subject to different rules than those that apply to suits against private citizens. Sovereign immunity is a concept that essentially means that the government cannot be sued by citizens. However, in the United States, this doctrine can be abrogated where the state agrees to waive immunity. Most states and the federal government have passed legislation that allows at least some causes of action to be brought against the government.

Because states have the authority to grant or deny permission to bring suit against them, they also have the authority to determine the conditions under which such suits can be brought. In Florida, citizens are permitted to bring lawsuits against the state, but those suits must conform with certain requirements and are subject to some restrictions. One such restriction involves the amount of money damages that the state can be required to pay in the event that a lawsuit results in a judgment against it. Florida law requires legislative approval in order to allow the state to pay out any damages in excess of $200,000. In essence, once a judgment that exceeds that amount has been entered against the state, the Florida legislature must pass a bill authorizing the payment of more than $200,000 to the winning party. If the bill does not pass, then the plaintiff will only be permitted to collect the first $200,000 of the awarded damages.

Our Florida injury attorney recognizes that many lawsuits take time to be resolved, especially where the defendant attempts to deny liability. However, those suits often taken even longer when part of the judgment must be approved by the legislature before being paid. In fact, according to an story by local Fox News 29, one Florida car accident victim has been waiting for more than a decade to receive the judgment he was awarded by a jury.

Thirteen years ago, Eric Brody was injured in a car crash involving a Broward County sheriff's deputy's vehicle. His injuries resulted in severe, permanent brain damage. Brody and his parents brought a lawsuit against the sheriff's office, which resulted in a jury awarding Brody $30.6 million. Because of Florida's limit on damages payable without legislative approval, most of this judgment has not yet been paid. This week, however, Senate President Mike Haridopolos has announced that he plans to push for a bill to be passed in order to give Brody the compensation that he deserves in 2012. During the last legislative session, the bill did pass in the Florida Senate, but it was never voted on in the House. Haridopolos wants to avoid letting the bill languish any longer, and he is hoping to get it through early next year.

The law is full of special rules and nuances like this one, which is why it is important to always speak with a Florida injury lawyer about your case, rather than trying to settle it with the insurance company or the other party on your own. The insurance companies may not protect your interests or inform you of special circumstances that apply to your case. Having your own Florida accident attorney advocating on your behalf is the best way to protect your rights and help make sure that you get the compensation you receive for your loss is fair.

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