Florida Personal Injury Attorneys Blog

Costa Cruise accident - Several Costa cruise passengers are feared dead with an estimated sixty more still missing after a cruise departed from Italy.

Reports say that the ship began to list, or tilt to one side, and then began to sink.

Cruising is often an amazing, relaxing vacation, but things can go wrong. Cruise lines generally have a legal obligation under maritime law to act reasonably under the circumstances. When they don't, they could be held liable for damages or wrongful death.

Continue reading "Costa Cruise Accident Kills Several Passengers Near Italy" »

Fort Lauderdale, FL - Many Florida personal injury lawyers shy away from liquor liability claims and pursue only the underlying accident or injury case. If a drunk driver hits or kills someone, many injury attorneys will only pursue claims against the drunk driver or any possible uninsured or underinsured motorist coverage. Inquiry into the accident should not stop there.

Liability in Florida for serving alcohol to minors or alcoholics
Florida has a Dram Shop Act which may impose liability on bars, restaurants and homeowners if certain provisions are met.

Florida Statute section 768.125 states that a person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

Continue reading "Florida's Dram Shop Act and Liability for Serving Minors and Alcoholics" »

What should I do if my attorney closes my accident or injury case?
We often get calls or email submissions from accident victims and families of wrongful death victims who were dropped by their prior attorney, and who believe they were hurt by someone else's negligence. They want us to take their case.

Lawyers drop cases for a variety of reasons, so don't be discouraged if your lawyer drops your case. Reasons include:

• Lawyer is too busy to effectively handle all cases


• Lawyer is not experienced enough to recognize the value in your case


• Lawyer got in trouble with the State Bar and must withdraw from all cases


• Lawyer took a job with another law firm and can't take your case any longer


• Law firm split up and you are left to find another lawyer


• Case was denied and lawyer won't file a lawsuit


• Conflict of interest prevents the lawyer from continuing with your representation


• You and your lawyer don't get along anymore and the attorney withdraws because of irreconcilable differences

The list is not absolute, but suffice it to say that I've handled many cases where other lawyers couldn't resolve the case. Just because one lawyer says he or she can't help you didn't mean you have no case. It may simply mean that one lawyer out of tens of thousands can't help you.

Continue reading "My Attorney Withdrew From My Accident Case...What Now?" »

My Attorney App by the Law Offices of Jason Turchin for Android and iPhone

To better connect with our clients, we developed the My Attorney App for Android phones, iPad and iPhone. The app has several purposes:

• To enable our clients to reach us whenever they need through simple push button calling, an easy to use texting feature, and a quick case question submission form


• To provide prospective clients with quick and easy contact to our office


• To give free accident checklists for clients and prospective clients to give them tips on what to do in case of an accident


• To have an Accident Help Kit available for clients to write in accident-related information and email it directly to my office


• To allow other lawyers to join our referral team and co-counsel with us on cases outside of their practice area or location


• To have easy access to our website and Facebook fan page


• To provide background information on our firm


• To highlight prior settlements and verdicts

No need a Vanity Number or Texting Number when you can have my Attorney App

Continue reading "My Attorney Is On My Cell Phone - Attorney Apps" »

MIAMI, FLORIDA - A rollover vehicle crash on State Road 826 in Northwest Miami-Dade caused one car to catch on fire and sent one person to the hospital this past weekend.

According to the Florida Highway Patrol, the accident happened on the southbound lanes of the 826 just south of Northwest 74th Street.

FHP said a Volkswagen Jetta struck the rear of a pickup truck, which caused the truck to flip over. The impact also caused the Jetta to catch fire.

The driver of the truck was airlifted to Jackson Memorial Hospital in critical condition, according to FHP.

Presumption of Fault in a Florida Rear End Accident

Continue reading "Rollover Accident on State Road 826 in Miami Sends One to Hospital" »

Molestation Victims May Pursue Civil Claims
As the smoke starts to clear on the Penn State-Sandusky molestation claims, Syracuse University molestation accusations, and other recent child molestation claims, one major victory for me as a crime victim's rights advocate is that the public is seemingly more aware that victims have rights to pursue civil claims as crime victims.

Florida has a comprehensive crime victim's rights law. The law ranges from the rights in criminal proceedings, to victim's compensation, to Florida's Constitution, to civil claims for crime victims.

What types of compensation can a crime victim recover in Florida?

Continue reading "Civil Claims Publicized for Molestation Victims" »

According to the National Safety Council, slip and fall injuries are among the top reasons for emergency room visits. The average medical expense costs for a slip and fall injury is estimated at $28,000.00 according to the Bureau of Labor Statistics. What does this tell us? There is a significant impact on the public when someone slips and falls.

Florida Sure Step lists safety tips for preventing slip and fall injuries. Among these are selecting proper flooring in stores and restaurants, properly training housekeeping, controlling access to slippery areas, and ensuring proper warning signs where there is a slippery substance on the floor.

Many Florida slip and fall injuries are preventable. As discussed by Florida Sure Step, there are many precautions a company can take to reduce the incidents of slip and fall injuries.

Continue reading "Slip and Falls in Florida are among the most common emergency room visits" »

For the second time in a week, a bicyclist was struck by a car and killed in Sunrise, Florida, according to NBC Miami. The accident happened around the 2500 block of W. Sunrise Blvd.

Bike accidents are common around South Florida and often result in serious injuries or death. When a bicyclist is killed in a car accident in Florida, this is a devastating time for the family. To make matters worse, some insruance companies will send adjusters out to meet with the family to try and get a quick settlement. It is important that families wait to talk to an attorney who can properly advise them of their rights.

We've represented many bike accident victims and families of those whose loved ones were killed in automobile accidents. In an accident like the one that killed the bicyclist in Sunrise, evidence gathering at the beginning of the case may be crutial to determining fault. Without a witness willing to talk, physical evidence collection may be vital to proving who caused the accident. Remember that the victim is dead and the driver may not speak under a privilege against self-incrimination.

Continue reading "Bicyclist Killed in Sunrise Florida After Being Struck By Car" »

Hialeah Fire Rescue and Police are investigating a horrible accident where 5 teenagers were found dead in a motel room from apparent carbon monixide poisoning. According to news reports, a car was left running outside of the room but somehow the toxic fumes were able to get into the motel room.

The reports also indicated that building inspectors were looking into whether improper maintenance or inadequate ventilation contributed to the deaths.

If there was a building code violation found to have contributed to the deaths, Florida law may allow a wrongful death claim to be brought against the Motel owners. Florida law generally requires property owners to reasonably maintain their property and to make sure it is to code. Under the comparative fault laws, even if the Motel was 10% responsible for contributing to the deaths, they could be held to pay 10% of the total verdict or amount of money to compensate these families for their losses.

Continue reading "Hialeah Florida teens died from apparent carbon monoxide poisoning in motel room" »

On Sunday, January 2, 2011, Robert Wissler, 25, was driving a Honda Civic when the vehicle was struck by a van allegedly driven by Cedric Levon Williams. The severe impact caused Wissler's vehicle to strike a street light, killing him and two passengers and injuring a fourth.

According to police, Williams fled the scene after the crash and failed to help or render aid. While the driver will now face criminal charges, the families of those who lost loved ones will be changed forever. Florida's wrongful death and auto accident law permit the families to bring their own claim against Williams for the wrongful death of their children.

Florida law may also allow the families to pursue punitive damages against Williams for his apparent willful, wanton disregard for the safety of the public.

Continue reading "Miami hit-and-run crash kills three and injures another victim" »

Cruising is a lot of fun for most passengers, but accidents do happen. The major cruise lines try to limit their legal responsibility to pay passengers money damages if they cause or contribute to any injuries. Most passenger contracts have provisions which contain these limitations. Here are some common limitations:

• Notice of the claim must be made within 6 months


• A lawsuit must be filed within 1 year


• The Court where the lawsuit must be brought is specified in the contract; i.e. US District Court in the Southern District of Florida - Miami Division

Nearly every cruise line has these limitations in your passenger contract. The limitations may also apply regardless of where in the world the injury occurred. For example, Carnival Cruises generally requires that all claims be brought in Miami in the US District Court for the Southern District of Florida. This means that if a passenger leaves a port in California and gets hurt on the Carnival ship, they may have to bring the claim in Miami.

Continue reading "Cruise Injury Claims May Be Lost If Not Filed Within 1 Year" »

According to witnesses, on December 10, 2010 a semi-truck was travelling at a high rate of speed on US 27 in Weston, Florida when it rear-ended a vehicle with several teenagers inside. Three of the teens died following the crash. The witness said, "What had happened, that semi-truck had come at tremendous speed. That black car looked like it was at the side of the road, broken down."

The police were investigating the crash to determine fault.

Trucking accidents in Weston, FL are common in US 27 and on other "trucking" roads throughout South Florida. South Florida Truck Accident Attorneys can handle the investigation and civil prosecution of these cases. When a catastrophic accident like this happens, it is important to investigate the facts, secure witness testimony and gather evidence which could disappear over time. In a wrongful death case caused by a tractor trailer where there is a dispute over how the accident happened, an accident reconstructionist may also be necessary to help determine fault.

Trucking companies often have attorneys and claims representatives trained to begin preparing to defend their actions following the accident. Families should consider hiring a Florida Wrongful Death Attorney to protect those who may have rights on behalf of the deceased children.

Continue reading "Weston FL Tractor Trailer Crash Kills Three and Injures Three Others" »

According to The Tribune, a woman was awarded $15,000,000.00 for injuries sustained in a slip and fall. She allegedly underwent multiple surgeries on her back and incurred hundreds of thousands of dollars in medical bills.Walmart said it would appeal the verdict.

When someone slips and falls in a Walmart store in Florida, whether it is in Miami, Fort Lauderdale, Orlando, Naples or Ocala, Walmart generally has a duty to reasonably maintain their premises. When they breach that duty and it causes a customer to slip and fall and get hurt, a jury may find that Walmart caused the injury and may award a large amount of money to compensate the customer.

Florida's slip and fall law may allow a victim of a slip and fall to recover money for their medical bills, lost wages, pain and suffering and other out of pocket expenses.

If you were the victim of a slip and fall at Walmart anywhere in Florida, you may be entitled to recover money damages for your injuries. For more information or to speak with a Walmart slip and fall attorney, please feel free to call us at (888) 99-VICTIM. That's (888) 998-4284.

When someone is sexually assaulted in Florida, there are three main areas of relief for the victim: Restitution through the criminal case; Florida's Crime Victim Compensation Fund; and a Crime Victim Civil Claim.

The criminal case focuses on the criminal and punishing the person for committing a crime against the state of Florida. The Compensation Fund focuses on provided some financial assistance to the victim to help pay for counseling expenses and other costs. The civil claim focuses on the crime itself.

In a civil claim for a sexual assault victim, we focus on the crime to see whether it could have been prevented or if it was foreseeable. If for example a woman uses an ATM and is robbed or raped while on the bank's property, the bank may be held liable under Florida law if they could have prevented the attack. Bank ATM rapes in Florida may be preventable if the bank fails to follow certain statutory guidelines.

Continue reading "Florida Sexual Assault Victims May Be Entitled to Money Damages" »

This past year, a motorcyclist was killed in a head-on accident with a scooter in Key West, Florida according to Keys News. The scooter rider was airlifted to Ryder Trauma Center in Miami, FL with severe injuries. One of the riders was speeding and was scene passing other cars before the crash and police were investigating whether alcohol was a factor.

This accident highlights the need for safety while riding scooters and motorcycles. Every year, thousands go to Key West or South Beach for vacation and rent scooters or motorcycles with little to no training. It is important to follow the law and use caution while riding on public streets. It may seem like fun for party-goers to ride a scooter around Duval Street in Key West, but it can also be quite dangerous.

There are several laws in place to help protect moped and motorcyclists from accidents. For example, Florida law requires moped riders to keep both hands on the wheel at all times and prohibits them from carrying any objects which would prevent them from keeping both hands on the wheel. Mopeds and motorcycles may also not be rented to anyone under 16 years of age. There are a great number of other laws regulating the operation and maintenance of mopeds, scooters and motorcycles.

One of the biggest dangers in motorcycle and scooter accidents is the lack of protection. Cars are designed to absorb impact in a crash. Often, in a motorcycle or scooter accident, the person's body may absorb the impact or may be thrown to the ground at a high rate of speed with little protection. This lack of protection can lead to serious injuries from even minor impacts.

If you were injured in a motorcycle, moped or scooter accident, you may be entitled to recover money damages for your injuries. Florida's motorcycle and scooter law provides certain damages that a victim can claim if someone else is negligent in causing the accident. For example, a Florida motorcycle accident victim can make a claim for pain and suffering, lost wages, medical bills and prescriptions, among other possible damages.

For more information or to see if you have a scooter or motorcycle accident case in Florida, please feel free to call us at (888) 99-VICTIM. That's (888) 998-4284. Our law firm handles Motorcycle and Scooter Injury Claims throughout Florida, including Key West, Ft Lauderdale, Orlando, Tampa, Naples, Miami Beach and West Palm Beach.