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    <title>Florida Personal Injury Lawyer Blog</title>
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    <updated>2010-09-01T16:24:27Z</updated>
    <subtitle>Published by Law Offices of Schuler, Halvorson &amp; Weisser</subtitle>
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<entry>
    <title>Motor Vehicle/Pedestrian Accident in Boynton Beach, Florida Results in Severe Pain and Permanent Injuries </title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/09/motor_vehiclepedestrian_accide_2.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=86074" title="Motor Vehicle/Pedestrian Accident in Boynton Beach, Florida Results in Severe Pain and Permanent Injuries " />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.86074</id>
    
    <published>2010-09-01T16:13:38Z</published>
    <updated>2010-09-01T16:24:27Z</updated>
    
    <summary>This motor vehicle/pedestrian accident occurred in the parking lot of a Catholic church in Boynton Beach, Florida as the victim in this case was walking through the parking lot on the way to her car. Unfortunately for the victim, the...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Automobile Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>This <a href="http://www.shw-law.com/lawyer-attorney-1326548.html">motor vehicle/pedestrian accident </a>occurred in the parking lot of a Catholic church in Boynton Beach, Florida as the victim in this case was walking through the parking lot on the way to her car.  Unfortunately for the victim, the driver of an automobile in the parking lot was not paying attention and driving carelessly when he plowed into the rear of another vehicle, causing a chain reaction collision with two other vehicles, one of which eventually struck the victim, knocked her to the ground and ran over her right leg.</p>

<p>Due to the severity and extent of the impact of the vehicle with the victim, several church parishioners stood over her and began praying until the Palm Beach County Fire Rescue Department arrived to stabilize and transport her to the emergency room at Bethesda Memorial Hospital.  The victim complained of severe pain in her right ankle and left shoulder.  As a result, she underwent x-rays which revealed a fractured left clavicle as well as a transverse fracture involving the medial malleolus of the distal tibia of her right ankle.  Unfortunately, after the x-rays were reviewed by an orthopedic surgeon, he gave the victim the shocking news that in all reasonable medical probability, her right ankle fracture would not heal with osseus union, putting her at risk for chronic pain and possible arthritis.  As a result, the victim reluctantly agreed to surgery to avoid the risk of nerve/artery/tendon injury, stiffness, chronic pain, arthritis and instability.</p>

<p>On the day after her admission, the orthopedic surgeon performed an open reduction with internal fixation of the medial malleolus fracture of the right ankle which was done under general anesthesia and required an anteromedial J-incision to protect the saphenous vein.  Subsequently, the fracture site was reduced under direct vision using a cannulated 4.5 x 50 mm screw which was securely fixed.  </p>

<p>The victim was discharged from the hospital once arrangements were made to provide in home care.  In addition, she was required to follow up with her primary care physician as well as her orthopedic surgeon, who confirmed an assessment of closed fracture of the mid-shaft left clavicle and right medial malleolus fracture as well as cervical disc injury, thoracic spondylosis with scoliosis and lateral collateral ligament strain/spain.  In addition, she was prescribed physical therapy, which, as you might imagine, was quite extensive and painful.</p>

<p>Fortunately, her fractures eventually healed to the orthopedic surgeon’s satisfaction.  However, her cervical spine pain and complaints remained persistent.  As a result, an MRI of the cervical spine was performed and revealed that the victim was suffering from degenerative changes noted with reversal of the normal cervical lordosis which was obviously aggravated by the accident.  </p>]]>
        <![CDATA[<p>This victim incurred medical bills in excess of $44,000.00, will have significant and substantial future medical costs, and has had to face the fact that she will have to live with significant disabilities and physical restrictions for the rest of her life.  Directly following the accident, she was in a cast for 2 to 3 months and unable to use crutches because of her left shoulder/clavicle injury.  As a result, she was confined to a wheelchair for that lengthy period of time.  In addition, and due to the fact that this victim lived alone, her entire recovery period was marred by severe limitations and restrictions and she could not have survived without the assistance of the home care personnel and her daughters who flew down from up north to provide assistance.</p>

<p>Now that the victim has reached maximum medical improvement, she finds herself with severe physical restrictions which include trouble and pain when walking, particularly when walking for any significant distance which also results in swelling and throbbing in her right foot/ankle.  In addition, while her cervical spine injuries have all but resolved, her shoulder remains a significant problem with severely limited range of motion and strength and a significant visible deformity.</p>

<p>The victim in this case contacted <a href="http://www.shw-law.com/lawyer-attorney-1326481.html">Attorney Jason D. Weisser </a>for assistance in obtaining some relief from her economic loss resulting from the accident.  Mr. Weisser was successful in settling this case with the defendant for a substantial amount for this victim without the necessity of a trial.</p>]]>
    </content>
</entry>
<entry>
    <title>Driver Falls Asleep at the Wheel in Big Pine Key, Florida Causing Catastrophic Injuries for Passenger</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/07/driver_falls_asleep_at_the_whe.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=83222" title="Driver Falls Asleep at the Wheel in Big Pine Key, Florida Causing Catastrophic Injuries for Passenger" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.83222</id>
    
    <published>2010-07-26T16:09:42Z</published>
    <updated>2010-07-26T16:48:01Z</updated>
    
    <summary>It is unfortunate that even if you are just a passenger in a vehicle, you can still sustain serious, permanent and catastrophic injuries when the driver of the vehicle is either inattentive or actually falls asleep behind the wheel. Sadly,...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Automobile Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>It is unfortunate that even if you are just a passenger in a vehicle, you can still sustain serious, permanent and catastrophic injuries when the driver of the vehicle is either inattentive or actually falls asleep behind the wheel.</p>

<p>Sadly, that was the case of the victim in this Florida <a href="http://www.shw-law.com/lawyer-attorney-1326548.html">automobile accident</a>.  The victim was only 19 years old at the time and was asleep in the front passenger seat of the vehicle, when the driver apparently fell asleep, causing a “heavy foot” on the gas pedal, resulting in the pickup truck accelerating, crossing the center line and slamming head on into an oncoming semi-truck.  The impact virtually obliterated the front half of the pickup truck.</p>

<p>The victim was forcibly extracted from the front passenger compartment of the demolished pickup truck and rushed to Jackson Memorial Hospital via trauma hawk/helicopter, where he was placed in the intensive care unit.  He had sustained multiple lacerations and fractures to his face, head and knee, (requiring stitches and staples), a complete fracture to the left side of his jaw (which required his mouth to be wired shut with hooks that were attached to his teeth), severe injuries to his left eye (that had to be reset due to bone fractures around his eye and lacerated eye lids).  In addition, he had one tooth completely knocked out, another one chipped and a third tooth was cracked.</p>

<p>This victim was hospitalized for 16 days at Jackson Memorial Hospital and underwent a grueling seven hour operation performed by a team of surgeons that involved a complete reconstruction of his face including the use of multiple titanium plates and screws.  Based upon the full extent and severity of the horrific facial lacerations, fractures and injuries, this young man will never look the same again.</p>

<p>He remains unable to close his left eye and it remains to be seen whether he will ever be able to completely close his left eye or see out of that eye with the same vision and clarity as before the accident because his left eye continues to remain blurry with severely reduced vision.  Finally, his left eye remains droopy and will require surgery to repair in the future.</p>

<p>In addition, the left side of his mouth is also droopy and doctors have stated that only time will tell whether this will return to normal or remain disfigured due to permanent nerve damage.  The victim continues to experience facial numbness both under his eye and in his cheek areas.  He also continues to experience complete numbness of the three middle toes on his left foot.</p>]]>
        <![CDATA[<p>At this point the victim remains unable to work and is expected to undergo a grueling period of rehabilitation.  He requires continuous follow up treatment with his physicians at Jackson Memorial Hospital, which requires travel back and forth between Palm Beach County and Miami on a regular basis.</p>

<p>The victim in this case contacted Attorney <a href="http://www.shw-law.com/lawyer-attorney-1326481.html">Jason D. Weisser </a>for assistance.  Since the driver of the pickup truck was driving a vehicle belonging to a company and it’s owner with that owner’s knowledge and permission, Mr. Weisser sued the company, the owner, and contacted the victim’s own insurance company for his uninsured/underinsured motorist’s coverage in this case.</p>

<p>This accident resulted in horrific and catastrophic injuries which will have a lifelong effect on this victim’s future quality of life from multiple aspects, including appearance, permanent disabilities and disfigurement, physical limitations, deformities and pain.  Based on his lengthy stay in Jackson Memorial Hospital, as well as his future medical care needs, along with his past, present and future wage loss claims, the economic loss in this case alone was tremendous.  But, thanks to the efforts and hard work of Mr. Weisser, he will be able to get the help he needs in the future.</p>]]>
    </content>
</entry>
<entry>
    <title>Serious and Permanent Injuries Caused by Underinsured Motorist in North Lauderdale, Florida</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/06/serious_and_permanent_injuries.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=78268" title="Serious and Permanent Injuries Caused by Underinsured Motorist in North Lauderdale, Florida" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.78268</id>
    
    <published>2010-06-07T21:07:24Z</published>
    <updated>2010-06-07T21:16:44Z</updated>
    
    <summary>If a driver had insurance that met minimum legal requirements, but did not have payment limits high enough to pay for damage caused by an accident, that driver would be considered underinsured. In 2007, it was estimated that the amount...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Uninsured/Underinsured Motorist Coverage" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>If a driver had insurance that met minimum legal requirements, but did not have payment limits high enough to pay for damage caused by an accident, that driver would be considered underinsured.  In 2007, it was estimated that the amount of uninsured/underinsured motorists could average as high as 25% of  the population in some areas.</p>

<p>The victim in this Florida uninsured motorists case was in the process of making a legal left turn when an uninsured/underinsured motorist failed to yield the right-of-way to a red traffic signal and plowed into the side of the victim’s vehicle, causing a massive collision in the middle of the intersection.  Fortunately, the victim was wearing his seat belt when the accident occurred.</p>

<p>Paramedics transported the victim from the accident scene via ambulance to the emergency room with initial complaints of pain to his right shoulder and hip.  After undergoing a thorough examination and diagnostic workup, he was eventually released with instructions to follow up with a physician.  Subsequently, he followed up with a local chiropractic group with continued complaints of pain to the left shoulder and hip.  In addition, he developed severe pain in the cervical, thoracic and lumbar spine.  As a result, he was diagnosed with severe traumatic cervical hyperflexion/hyperextension injury with radiculopathy to the left upper extremity, left shoulder arthralgia, severe traumatic thoracic myositis and severe traumatic lumbar myositis with sciatica to the left lower extremity.</p>

<p>Due to his complaints and the physical examination, the victim was immediately placed on a conservative chiropractic/therapeutic rehabilitation program consisting of ultrasound, electrical muscle stimulation, moist heat, cryotherapy, mechanical traction, massage therapy, active range of motion exercises and adjustment manipulations.  In addition, he was immediately referred to an orthopedic surgeon.  The orthopedic surgeon found that he was suffering from a shoulder separation, as well as what he believed to be a lumbar disc herniation with radiculopathy.</p>

<p>The orthopedic surgeon performed surgery on the victim’s lumbar spine at a local surgery center which included provocative discography at L2-L3, L3-L4, L4-L5 and L5-S1.  The post-operative diagnosis included confirmed herniated discs at the L3-L4, L4-L5 and the L5-S1 levels.  Based upon the discography findings, he was immediately scheduled for surgery on the lower back.<br />
</p>]]>
        <![CDATA[<p>After recovering from his lumbar surgery, the victim remained with complaints of pain and limited range of motion in his left shoulder.  The orthopedic surgeon ordered an MRI of the left shoulder which revealed serious injuries to his shoulder.  Therefore, his physician recommended a subacromial decompression and labral repair on his injured shoulder which will require a four week period of immobilization, followed by six weeks of rehabilitative therapy.</p>

<p>This victim contacted <a href="http://www.shw-law.com/lawyer-attorney-1326481.html">Attorney Jason Weisser </a>for assistance after sustaining these serious and horrific permanent injuries as a result of the accident caused by the underinsured motorist.  The victim’s total medical bills were more than $110,000.00, which does not include the lost wages he sustained as the result of his inability to work for several months during his recovery period.</p>]]>
    </content>
</entry>
<entry>
    <title>Motor Vehicle/Pedestrian Accident in Boynton Beach, Florida Results in Severe Pain and Permanent Injuries</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/06/motor_vehiclepedestrian_accide_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=77866" title="Motor Vehicle/Pedestrian Accident in Boynton Beach, Florida Results in Severe Pain and Permanent Injuries" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.77866</id>
    
    <published>2010-06-02T16:01:06Z</published>
    <updated>2010-06-02T16:13:44Z</updated>
    
    <summary>This automobile/pedestrian accident occurred in the parking lot of a Catholic church in Boynton Beach, Florida as the victim in this case was walking through the parking lot on the way to her car. Unfortunately for the victim, the driver...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Automobile Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>This <a href="http://www.shw-law.com/lawyer-attorney-1326548.html">automobile/pedestrian accident </a>occurred in the parking lot of a Catholic church in Boynton Beach, Florida as the victim in this case was walking through the parking lot on the way to her car.  Unfortunately for the victim, the driver of an automobile in the parking lot was not paying attention and driving carelessly when he plowed into the rear of another vehicle, causing a chain reaction collision with two other vehicles, one of which eventually struck the victim, knocked her to the ground and ran over her right leg.</p>

<p>Due to the severity and extent of the impact of the vehicle with the victim, several church parishioners stood over her and began praying until the Palm Beach County Fire Rescue Department arrived to stabilize and transport her to the emergency room at Bethesda Memorial Hospital.  The victim complained of severe pain in her right ankle and left shoulder.  As a result, she underwent x-rays which revealed a fractured left clavicle as well as a transverse fracture involving the medial malleolus of the distal tibia of her right ankle.  Unfortunately, after the x-rays were reviewed by an orthopedic surgeon, he gave the victim the shocking news that in all reasonable medical probability, her right ankle fracture would not heal with osseus union, putting her at risk for chronic pain and possible arthritis.  As a result, the victim reluctantly agreed to surgery to avoid the risk of nerve/artery/tendon injury, stiffness, chronic pain, arthritis and instability.</p>

<p>On the day after her admission, the orthopedic surgeon performed an open reduction with internal fixation of the medial malleolus fracture of the right ankle which was done under general anesthesia and required an anteromedial J-incision to protect the saphenous vein.  Subsequently, the fracture site was reduced under direct vision using a cannulated 4.5 x 50 mm screw which was securely fixed.  </p>

<p>The victim was discharged from the hospital once arrangements were made to provide in home care.  In addition, she was required to follow up with her primary care physician as well as her orthopedic surgeon, who confirmed an assessment of closed fracture of the mid-shaft left clavicle and right medial malleolus fracture as well as cervical disc injury, thoracic spondylosis with scoliosis and lateral collateral ligament strain/spain.  In addition, she was prescribed physical therapy, which, as you might imagine, was quite extensive and painful.</p>

<p>Fortunately, her fractures eventually healed to the orthopedic surgeon’s satisfaction.  However, her cervical spine pain and complaints remained persistent.  As a result, an MRI of the cervical spine was performed and revealed that the victim was suffering from degenerative changes noted with reversal of the normal cervical lordosis which was obviously aggravated by the accident.  </p>]]>
        <![CDATA[<p>This victim incurred medical bills in excess of $44,000.00, will have significant and substantial future medical costs, and has had to face the fact that she will have to live with significant disabilities and physical restrictions for the rest of her life.  Directly following the accident, she was in a cast for 2 to 3 months and unable to use crutches because of her left shoulder/clavicle injury.  As a result, she was confined to a wheelchair for that lengthy period of time.  In addition, and due to the fact that this victim lived alone, her entire recovery period was marred by severe limitations and restrictions and she could not have survived without the assistance of the home care personnel and her daughters who flew down from up north to provide assistance.</p>

<p>Now that the victim has reached maximum medical improvement, she finds herself with severe physical restrictions which include trouble and pain when walking, particularly when walking for any significant distance which also results in swelling and throbbing in her right foot/ankle.  In addition, while her cervical spine injuries have all but resolved, her shoulder remains a significant problem with severely limited range of motion and strength and a significant visible deformity.</p>

<p>The victim in this case contacted <a href="http://www.shw-law.com/lawyer-attorney-1326481.html">Attorney Jason D. Weisser </a>for assistance in obtaining some relief from her economic loss resulting from the accident.  Mr. Weisser was successful in settling this case with the defendant for a substantial amount for this victim without the necessity of a trial.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Intoxication Leads to Severe and Significant Brain Injury</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/04/intoxication_leads_to_severe_a.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=75675" title="Intoxication Leads to Severe and Significant Brain Injury" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.75675</id>
    
    <published>2010-04-01T19:52:22Z</published>
    <updated>2010-05-06T19:59:35Z</updated>
    
    <summary>The Dram Shop Act makes the entity that sells or furnishes alcoholic beverages and who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages liable for injury or damage caused by or resulting from...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>The Dram Shop Act makes the entity that sells or furnishes alcoholic beverages and who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages liable for injury or damage caused by or resulting from the intoxication of such person.</p>

<p>The evidence in this case clearly shows that the establishment, by and through its bartender, knowingly served a person habitually addicted to alcohol in that it:</p>

<p>1)	Knew that he was patronizing the establishment on virtually a daily basis;<br />
2)	Knew that he consumed multiple drinks or excessive amounts of alcohol;<br />
3)	Knew that he regularly became intoxicated while patronizing the establishment;<br />
4)	Knowledge was expressed by employees of the establishment regarding the Plaintiff being a drunk.</p>

<p>As on many prior days, when the victim in this case arrived at the bar located in a local hotel, he had consumed 12 to 15 beers before he got there.  On this particular date, he arrived on a waverunner with his friend sitting on the back.  The testimony from witnesses is that on that day, the victim was drinking Bloody Marys and consumed a minimum of five drinks in a very short time span (no more than one and one half hours).  The witnesses testified that he was intoxicated as he was very loud, boisterous, argumentative, and that he and his friend were coming out of the bar very slowly and “almost leaning on one another”.</p>

<p>In spite of this, the bartender at the establishment not only continued to serve this gentleman, but rather offered him a drink “to go” in a plastic cup as he was leaving.  This was witnessed by numerous patrons in the bar.  The victim left the bar with his “to go” drink and after having consumed that as well as numerous other alcoholic beverages in the course of the short time period he was there, and coming under the influence of alcohol and being intoxicated, got on to his waverunner with a passenger on the back, and proceeded to drive through the canal paralleling Southern Boulevard near the airport and crashed his waverunner into an anchored pontoon boat located in the canal.  He sustained a very serious head injury and the passenger on his waverunner was also injured.  </p>

<p>As a result of this accident, the victim sustained a severe and significant brain injury.  He was unconscious following this incident and was rushed to St. Mary’s Hospital by Trauma Hawk.  He was assessed in the trauma unit and emergency surgery was performed by a local neurosurgeon.  The operative procedures performed were a left frontotemporal parietal occipital craniotomy, elevation and debridement of opened depressed skull fractures, and complex reconstruction of depressed skull fractures with titanium plating system.  Seven plates and twenty-eight screws were used in the reconstruction of the depressed skull fracture.</p>]]>
        <![CDATA[<p>The victim remained unresponsive and in a deep coma for approximately three days following the accident.  Upon regaining consciousness, he could not speak at all or communicate in any way.  In addition to speech problems, he was unable to perform fine motor movements normally in the right arm and experienced cognitive problems as a result of the injury.</p>

<p>The victim in this case was 34 years old, married with two young children.  Because his speech is impaired, it is now difficult for him to communicate with his children, which is very frustrating and embarrassing for him.  His physical limitations have prevented him from playing with his children as he had before his injury and he frequently loses his temper and screams at his children as a result of his anger arising from his frustration and depression that are components of his brain injury.  At times, his children are frightened of him and his behavior, and this has had a devastating affect on him, his wife, and his family.</p>

<p>The victim’s wife contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>for a consultation regarding this matter.  After a thorough investigation, Mr. Schuler obtained testimony from numerous independent witnesses in this case, stating that the victim frequented this establishment four to five nights a week for a minimum of six months to one and one half years prior to the date of the accident.  The witnesses stated that the victim began riding his waverunner to the establishment for Happy Hour and the victim and his companions would pull their waverunners up to the dock behind the bar, where they had specially made portages so individuals could secure their waverunners while they went into the bar.</p>

<p>The witnesses stated that the victim always went there during Happy Hour because the bartender treated them “right” by making the Bloody Marys they drank particularly strong and giving them “free drinks” on the side, in addition to the two for one.  The witnesses also testified that the victim would consume anywhere from eight to fifteen drinks within a short time period.  Many times, the bartender would pour them “floaters’ with an extra shot on top, give them a shot on the side, or simply give them extra drinks.  </p>

<p>With all of this damaging testimony against the establishment involved, Mr. Schuler was successful in settling this case with the defendant without the necessity of a trial.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Young Woman is Discharged from Treatment Facility in West Palm Beach, Florida and After Mother is Unable to Reach her Psychiatrist, Commits Suicide Shortly Thereafter</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/03/young_woman_is_discharged_from.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=74022" title="Young Woman is Discharged from Treatment Facility in West Palm Beach, Florida and After Mother is Unable to Reach her Psychiatrist, Commits Suicide Shortly Thereafter" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.74022</id>
    
    <published>2010-03-19T15:26:49Z</published>
    <updated>2010-04-16T15:36:02Z</updated>
    
    <summary>We all experience depression in our lives occasionally. It can be from the loss of a job, a serious illness, the death of a loved one, or for other various reasons. Usually, we are able to adjust and return to...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Medical Malpractice" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[We all experience depression in our lives occasionally.  It can be from the loss of a job, a serious illness, the death of a loved one, or for other various reasons.  Usually, we are able to adjust and return to our normal daily routines.  However, sometimes feelings of depression seem overwhelming and continue in intensity.  Extended periods of depression and sadness sometimes indicate a greater cause than personal circumstances.  In times such as this, talking to a professional is important to identify if you are possibly suffering from depression.

When this depression is accompanied by suicidal thoughts, other mental illnesses, alcohol or drug abuse, this is especially troubling and can indicate serious illness.  A situation such as this demands immediate medical attention.

The young woman in this Florida <a href="http://www.shw-law.com/lawyer-attorney-1326554.html">medical malpractice </a>case was a model and just 20 years old when she voluntarily entered a facility for depression and anxiety and for psychosocial assessment.  The victim had stated upon entering the facility that she felt helpless and hopeless and did not want to live.  The victim also admitted to a poor appetite, difficulty sleeping, and feeling anxious.  She further stated that she heard voices and had become increasingly depressed to the point where she had not gone to work, had slept all day, and complained of poor energy and poor appetite.

While in the facility, the victim would cry hysterically saying she wanted to go home.  The nurses stated that the victim’s affect was flat, tearful, feeling hopeless, saying that she doesn’t want to live.  She attended no group meetings and remained isolated in her room except for meals.

In spite of all of the above telling signs, the treating psychiatrist, who saw her for less than 10 minutes, stated that she did not meet the criteria for involuntary commitment (“a danger to herself or others”) and decided to discharge her after only 24 hours in the treatment facility, with an appointment to return for a follow-up visit with this psychiatrist in one week.

Tragically, the following week, after multiple attempts to reach the psychiatrist (who was on vacation), fire rescue was summoned to the home of this young victim because she had sustained a self-inflicted gunshot wound to the head and was unresponsive.  She was trauma hawked to the closest trauma center, but was pronounced dead upon arrival.

The family of this young woman contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>for assistance in bringing a lawsuit against the treatment facility and the treating psychiatrist involved for failing to recognize the obvious signs and symptoms of expressed and implied suicidal tendencies, helplessness, hopelessness, and the wish to die, and for failing to convert her voluntary admission to an involuntary placement, as well as patient abandonment.
]]>
        
    </content>
</entry>
<entry>
    <title>75 Year Old Man Dies after Being Ejected from Golf Cart in Boynton Beach, Florida</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/03/75_year_old_man_dies_after_bei.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=74018" title="75 Year Old Man Dies after Being Ejected from Golf Cart in Boynton Beach, Florida" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.74018</id>
    
    <published>2010-03-12T15:06:19Z</published>
    <updated>2010-04-16T15:17:19Z</updated>
    
    <summary>The victim in this Florida auto accident case was 75 years old and was employed by a hospital in Boynton Beach, Florida. He drove a golf cart and picked visitors up in the parking lot so they would not have...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Automobile Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>The victim in this Florida <a href="http://www.shw-law.com/lawyer-attorney-1326548.html">auto accident </a>case was 75 years old and was employed by a hospital in Boynton Beach, Florida.  He drove a golf cart and picked visitors up in the parking lot so they would not have to walk the long distance to the hospital entrance.  He was a careful driver and drove very slowly in the golf cart.  In fact, several witnesses stated that they became annoyed by his extreme “carefulness”.</p>

<p>On this particular day, the victim had picked up one passenger to deliver to the hospital entrance, had made it to the valet entrance area and stopped, when a visitor in a large Ram pickup truck made an illegal u-turn because she apparently passed an open parking spot and was in a hurry to turn around and park there.  Unfortunately, in the process she struck the golf cart with great force.</p>

<p>Both the driver and the passenger in the golf cart were ejected out of the golf cart and were thrown approximately 3-4 feet from the cart onto the pavement.  Although the passenger in the golf cart sustained cuts and bruises, she refused medical treatment at the scene and has not had the necessity to obtain any medical treatment since the accident.  However, the driver and victim in this case sustained multiple traumatic injuries and hit his head which was bleeding profusely.  The paramedics arriving at the scene determined that, due to previous heart surgery, the victim needed to be taken directly to the trauma unit at another hospital, so he was placed in an ambulance and immediately transported to Delray Medical Center.</p>

<p>This victim remained in the hospital for a few weeks and then was transferred to a rehabilitation facility for continued care and rehabilitation.  Unfortunately, after being at this facility for a short time, the victim’s health deteriorated rapidly and he passed away from complications brought on by his injuries previously sustained during the golf cart/motor vehicle accident.</p>

<p>The victim’s widow and children contacted <a href="http://www.shw-law.com/lawyer-attorney-1326481.html">Attorney Jason D. Weisser </a>to assist them in bringing a lawsuit against the driver of the pickup truck that struck the golf cart the victim was driving and also against the uninsured/underinsured motorists coverage the victim carried on his own insurance policy.  After extensive investigation and negotiations, Mr. Weisser was successful in settling with all defendants for an amount that was 25 times the available policy limits in this matter.<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Food Poisoning in North Palm Beach, Florida Causes Serious Life-Altering Changes</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/03/food_poisoning_in_north_palm_b.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=71169" title="Food Poisoning in North Palm Beach, Florida Causes Serious Life-Altering Changes" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.71169</id>
    
    <published>2010-03-04T18:04:09Z</published>
    <updated>2010-03-11T18:11:48Z</updated>
    
    <summary>Food poisoning is a common illness which is usually mild, but sometimes can be deadly. Classic symptoms of this disease include vomiting, nausea, diarrhea and abdominal cramping. These symptoms occur suddenly (within 48 hours) after consuming a contaminated food or...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>Food poisoning is a common illness which is usually mild, but sometimes can be deadly.  Classic symptoms of this disease include vomiting, nausea, diarrhea and abdominal cramping.  These symptoms occur suddenly (within 48 hours) after consuming a contaminated food or drink.  Depending on the contaminant, bloody stools, dehydration, fever and chills and nervous system damage may follow.  </p>

<p>The victim in this Florida food poisoning case was planning a large get together for her family (15 people in all).  She traveled to a neighborhood fast food restaurant and purchased enough fried chicken, potato salad and cole slaw to feed all of her relatives.  Unfortunately, the victim and most of her relatives became ill and suffered from various symptoms to varying degrees.  The victim became violently ill with severe abdominal pain, cramps, vomiting, diarrhea, stomach swelling, excruciating head and neck pain, and high fever.  She felt so ill in fact, that she literally thought that it was her time to die.</p>

<p>The victim quickly made an appointment with her primary care physician, who immediately had her admitted to JFK Medical Center.  From the date of her hospital discharge which was in April, through the end of the year, the victim continued to experience problems with abdominal pain, cramps and diarrhea.  In December, her primary physician performed an endoscopic cholangiopancreatogram and subsequently diagnosed acalculus cholecystitis and referred her to a surgeon.</p>

<p>A few days later, she was admitted to Palm Beach Gardens Medical Center for abdominal pain.  Her surgeon diagnosed biliary dyskinesia and he eventually performed a laproscopic exploratory laparotomy with laproscopic cholecystecomy (gallbladder removal) and operative cholangiogram.  Her physician’s report summarizes his professional medical opinions that the victim continues to suffer from a chronic non-specific colitis as a result of the food poisoning incident in April.  His report also confirms that she continues to experience intermittent abdominal pain, cramps and diarrhea, all of which are requiring supportive management.  Finally, he has confirmed that the food poisoning incident aggravated a pre-existing underlying gallbladder problem and was in fact the catalyst to the surgery to have the gallbladder removed.</p>

<p>Needless to say, this victim’s life and health have been totally upended due to this unfortunate and horrible incident.  She can no longer eat any potato salad or chicken and the thought of doing so causes her to get sick.  She can no longer enjoy a meal out at a restaurant due to her fears that she will end up with food poisoning again.<br />
</p>]]>
        <![CDATA[<p>The victim in this case had been employed with the same company for several years, had an excellent employment record and earning a good income.  Sadly, she was physically unable to work for approximately two months after the food poisoning and upon returning to work, she was terminated due to her lengthy absence due to the food poisoning illness.  In addition, despite her extraordinary efforts, she has still not be able to find a job.  She lives with her husband and two small children and due to this financial strain, the entire family had to move in with her mother to make ends meet.</p>

<p>As would be expected, this one food poisoning incident has had tremendous impact on her, her husband, and the entire family from a physical, emotional, financial and psychological standpoint.  The family contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>for assistance in this matter and in bringing a lawsuit against the fast food restaurant.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Teenage Rough Housing Renders 17 Year Old a Quadriplegic in Boca Raton, Florida</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/02/teenage_rough_housing_renders.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=71163" title="Teenage Rough Housing Renders 17 Year Old a Quadriplegic in Boca Raton, Florida" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.71163</id>
    
    <published>2010-02-26T17:49:44Z</published>
    <updated>2010-03-11T17:59:52Z</updated>
    
    <summary>Today’s active lifestyle, especially that of a teenager, dictates that we must be able to move freely and there is nothing more tragic than losing control over your body. But that is exactly what a person who is rendered a...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Premises Liability Litigation" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>Today’s active lifestyle, especially that of a teenager, dictates that we must be able to move freely and there is nothing more tragic than losing control over your body.  But that is exactly what a person who is rendered a quadriplegic faces – loss of all motor skills, sensation, tasks such as eating and breathing become impossible - simple tasks that most of us take for granted are often lost beyond any hope of recovery.  When the spinal cord is severed in the neck above the shoulders, there is little chance of recovering a normal life. </p>

<p>Our victim in this Florida <a href="http://www.shw-law.com/lawyer-attorney-1356382.html">premises liability </a>case was 17 years old at the time of this horrifying accident in which he was rendered a quadriplegic.  The victim and several of his friends were at a party at the home of one of their classmates.  At that party, which commenced around 9:00 p.m., the under-aged party goers had consumed alcoholic beverages that had been sold to a number of the teenaged boys present by several different business establishments. While under the influence of alcohol and being intoxicated, several of the young men, including the victim, began to rough house on a portion of the lawn near the driveway of this residence.  The victim was thrown to the ground on a grassy berm and various boys piled on top of him.  As they piled on him, the victim was at the bottom of the pile and in the process of the other boys piling on top of him and rolling around, the victim was caused to have a C-6 burst fracture to his neck which cut into his spinal cord and caused him subsequent quadriplegia. </p>

<p>One of the boys testified that everyone started piling on with the victim on the bottom of the pile and that sometime during the “pile up”, the victim started yelling and everyone started getting off.  He stated that everyone thought the victim was joking at first, but when they all got off of him he was just lying there crying and yelling that he couldn’t move.  </p>

<p>The paramedics were called and he was taken to Delray Community Hospital, where he was immediately transferred to the trauma unit.  Upon examination by an orthopedic spine surgeon, he found the lower extremities demonstrated complete paralysis of the muscles with no voluntary movement.  The light touch sensation was absent below the nipple line.  He was also absent hand grip and intrinsic function.  He was immediately placed on a Rota-Rest bed and placed into cranial cervical traction.  The surgeon performed surgery for spinal stabilization within two days of the incident. </p>

<p>Following surgery, the victim was transferred to the spinal cord injury unit and was given a comprehensive rehabilitation evaluation.  Shortly after that evaluation, he was transferred to Pinecrest Rehabilitation Hospital where he remained as a C-7 level complete quadriplegic.  He was placed on a comprehensive rehabilitation program for spinal cord injury that included physical therapy, occupational therapy, rehabilitation nursing, case management and rehabilitation psychology.  He was also placed on a bladder and bowel program and received treatment for numerous urinary tract infections. <br />
</p>]]>
        <![CDATA[<p>When this accident occurred, our victim was about to enter his senior year of high school and was looking forward to graduating that year.  He was a member of the golf team at his high school and he worked in a pro shop at a local country club.  His aspirations were to continue playing golf and to go to college.  </p>

<p>This victim has to lay in bed at night and his parents alternately take turns staying up all night to turn him every two hours to avoid bed sores.  He has had continued problems with urinary tract infections and spiking fevers.  He cannot control his abdominal musculature so he keeps leaning forward in his chair and has to literally try and push himself back with his arms.  Although he has taken driving lessons and has been able to learn to drive a specially equipped van, he still remains imprisoned in his body with the prospect of never having a real social or full employment life.  He was in the prime of his life when this accident occurred.  The remainder of his life will be spent in therapy and rehabilitation. </p>

<p>The medical bills to date total more than $200,000.00 and of course, he will have mounting medical bills for the remainder of his life for the surgeries, physical therapy, occupational therapy, continued medical care and simple daily living expenses. </p>

<p>The parents of this young victim contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>for assistance in this matter.  Mr. Schuler filed suit against not only the homeowner’s coverage for the property where the incident occurred, but also the homeowner’s coverage for the parents of each of the boys involved in the pile up.  Also, Mr. Schuler sued the various business establishments that sold the alcohol to the teenagers under the Dram Shop Act for willfully and unlawfully furnishing alcoholic beverages to minors and they are liable for the injury or damage caused by or resulting from the intoxication of such minors. </p>]]>
    </content>
</entry>
<entry>
    <title>An Evening at the South Florida Fair in West Palm Beach, Florida Ends in Partial Amputation of Thumb</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/02/an_evening_at_the_south_florid.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=71160" title="An Evening at the South Florida Fair in West Palm Beach, Florida Ends in Partial Amputation of Thumb" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.71160</id>
    
    <published>2010-02-18T17:38:33Z</published>
    <updated>2010-03-11T17:47:29Z</updated>
    
    <summary>Most amusement parks, carnivals and state fairs have installed “kiddie” rides to entice children so young they may not even be able to walk. But beneath the bright lights and cheerful paint is heavy machinery that may put young children...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Premises Liability Litigation" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>Most amusement parks, carnivals and state fairs have installed “kiddie” rides to entice children so young they may not even be able to walk.  But beneath the bright lights and cheerful paint is heavy machinery that may put young children in danger of being seriously injured.  Inside fun houses, for instance, are swaying floors, rotating drums, moving stairways and other machines.  These may be safe for adults, but very often present the possibility of significant injury to young children. </p>

<p>One January evening, a mother and father were enjoying the South Florida Fair with their three sons.  The youngest child, two years old at the time, was running through the fun house with his 13 year old babysitter while his mother and father watched from outside.  As he was running through the fun house, he came upon an area of the fun house where there are 3 disks in the floor with poles extending upward from the center of each disk.  These disks spin on motors and the object is to step on them and try to make your way across.  The two year old victim in this case stepped on the disk and fell, causing his right thumb to become amputated at the knuckle as it was caught between the rotating disks. </p>

<p>The victim in this Florida <a href="http://www.shw-law.com/lawyer-attorney-1356382.html">premises liability </a>case was rushed to Palms West Medical Center where reattachment of the thumb was attempted, but unfortunately, this reattachment failed and the thumb subsequently had to be amputated several days later.  He was later seen by a specialist at Miami Children’s Hospital for a second opinion.  The physicians outlined five options for the family at that point:  (1) Do nothing and let him make the natural adjustments necessary for the loss of this partial thumb; (2) A toe transfer – the most complicated of all options but probably the best solution in the physicians’ eyes since he would have feeling in the end of the thumb; (3) A distraction lengthening of the thumb; (4) Wearing a prosthetic thumb; and (5) An osteo-integrated implant.  Now the parents are left with a very tough decision.  Of course the three surgical options would all be quite expensive. </p>

<p>The parents in this situation contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>to advise them of their options in this matter and to file a lawsuit against the amusement company that owned the “kiddie rides” and the company that was in charge of setting up, maintaining and operating these rides. </p>]]>
        
    </content>
</entry>
<entry>
    <title>Vacation in Miami, Florida Proves Deadly for Wealthy Businessman</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/02/vacation_in_miami_florida_prov.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=70534" title="Vacation in Miami, Florida Proves Deadly for Wealthy Businessman" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.70534</id>
    
    <published>2010-02-11T21:15:43Z</published>
    <updated>2010-03-03T21:21:45Z</updated>
    
    <summary>In this Florida premises liability case, a married couple from Las Vegas, Nevada had planned a long awaited vacation in sunny South Florida. They were to stay in one of Miami’s most prestigious hotels – the Fountainbleu. After checking in,...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Premises Liability Litigation" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>In this Florida <a href="http://www.shw-law.com/lawyer-attorney-1356382.html">premises liability </a>case, a married couple from Las Vegas, Nevada had planned a long  awaited vacation in sunny South Florida.  They were to stay in one of Miami’s most prestigious hotels – the Fountainbleu.</p>

<p>After checking in, the husband had some phone calls to make and some work to catch up on so he stayed in the room while the wife went downstairs to the pool.  The wife stayed by the pool for several hours relaxing and enjoying the sun.  When she returned to the room, she noticed that her husband was not there but was not worried, since she assumed he had gone down to the hotel bar or was touring the hotel.  She went ahead and showered and ordered some food from room service, as she was sure that he would return shortly for dinner.</p>

<p>After several hours went by, she became increasingly concerned that he had not returned and she began making some phone calls.  However, no one had heard from him and the hotel desk clerks stated they had not seen her husband.</p>

<p>Later that evening, as one of the hotel employees was making rounds to ascertain that everything was as it should be in the hotel, he came upon the body of the husband in the stairwell near the couple’s room.  He had been killed with a garotte, which is a wire with a handle at each end used for strangling.  Because this apparatus was used, the police stated that it very possibly could have been a contract killing.  The police surmised that he had been surprised in his room and then pulled into the stairwell, even though there were no signs of struggle in the motel room.</p>

<p>Of course, the wife was questioned at length concerning her husband’s death but was not charged.  The husband was a wealthy businessman so the police were looking at all of his personal and business connections.  Unfortunately, this murder was never solved.</p>

<p>This couple had been married a relatively short period of time and had no children together, but he had five children from his previous marriage.  The widow in this case contacted Attorney <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Richard D. Schuler </a>to assist her in suing the hotel for negligent security on behalf of herself and her five step-children.  Mr. Schuler retained a security expert in this case and together they were able to show that the hotel had inadequate security at the time of this incident, and that there had been criminal activity in this area in the past.<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Inadequate Care Results in Death of Dementia Patient in Delray Beach, Florida </title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/02/inadequate_care_results_in_dea_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=69345" title="Inadequate Care Results in Death of Dementia Patient in Delray Beach, Florida " />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.69345</id>
    
    <published>2010-02-04T21:35:11Z</published>
    <updated>2010-02-18T21:44:07Z</updated>
    
    <summary>It is not always abuse that causes deaths in nursing homes. Many times, it is simple neglect. People place their loved ones in nursing homes so that they will receive medical treatment and because they are unable to care for...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Nursing Home Litigation" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>It is not always abuse that causes deaths in nursing homes.  Many times, it is simple neglect.  People place their loved ones in nursing homes so that they will receive medical treatment and because they are unable to care for them and be there for them at all times as in a nursing home.  Unfortunately, however, many times some nursing homes are not the safest place for the elderly. </p>

<p>The victim in this Florida <a href="http://www.shw-law.com/lawyer-attorney-1326562.html">nursing home </a>case was 72 years old at the time of his death.  Two days before he had been transported via ambulance to Delray Community Hospital after he fell from his wheelchair and hit his head on the floor.  As a result of this fall, he sustained a laceration to the right forehead and a right subarachnoid hemorrhage with left inferior occipital area hemorrhage consistent with contrecoup and a laceration to his forehead. </p>

<p>An investigation indicated that the nursing home not only consistently failed to provide adequate protective and supportive services for this gentleman, but that the facility knew and documented his cognitive losses in short and long term memory and periods of delirium with his mental function varying over the course of the day.  He had also had previous falls and had tried to climb out of bed.  The nursing home records reflect that from 7:00 p.m. to 7:00 a.m. he had a private sitter with him.  The family had hired a private sitter as they were told by the staff that they couldn’t watch him continuously.  His wife, who was 70 years old, tried to be with him the other 12 hours of the day.  At one point the nurses have documented that the patient was placed in a wheelchair up by the nurse’s station as the patient had tried to get up and walk alone several times. </p>

<p>On the morning of the incident in question, the patient was found on the floor of his room with no apparent injuries noted. </p>

<p>Unfortunately, despite the facility’s knowledge of the victim’s dementia, memory loss and confused state, it did not see fit to use any type of safety device to prevent him from getting out of his wheelchair.  Also, the medical records reflect that the employees of the nursing home did not keep the head of this victim’s bed elevated to 45 degrees as required of a patient getting G-Tube feedings, nor did they do the other preventative measures which were the standard. </p>]]>
        <![CDATA[<p>The wife of this victim was a frequent companion to her husband while he was at the nursing home and he was the light of her life.  Since his death, she has been depressed and cannot understand how a nursing home such as this could ignore her husband to the extent that he could fall out of a wheelchair and sustain blunt head trauma.  They had been married 50 years. </p>

<p>The medical examiner performed an autopsy and listed aspiration pneumonia as the cause of death with blunt head trauma as a significant contributing cause.  </p>

<p>The widow contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>to assist her in pursuing a case against the nursing home since the nursing home had the obligation to provide adequate and appropriate care for this victim, and did not fulfill its responsibilities in this case. </p>]]>
    </content>
</entry>
<entry>
    <title>Serious Personal Injuries Result from Single Vehicle Roll-over in Cross City, Florida</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/01/serious_personal_injuries_result_from_single_vehicle_roll-over_.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=69343" title="Serious Personal Injuries Result from Single Vehicle Roll-over in Cross City, Florida" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.69343</id>
    
    <published>2010-01-28T21:22:44Z</published>
    <updated>2010-02-18T21:33:08Z</updated>
    
    <summary>According to statistics for 2004, 33 percent of passenger vehicle occupant fatalities occurred in vehicles that rolled over. A recent National Highway Safety Administration analysis found that, generally, sport utility vehicles are more likely to roll over in a crash...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Truck Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>According to statistics for 2004, 33 percent of passenger vehicle occupant fatalities occurred in vehicles that rolled over.  A recent National Highway Safety Administration analysis found that, generally, sport utility vehicles are more likely to roll over in a crash than pickup trucks, which in turn are more likely to roll over than vans or passenger cars.  And, even though pickup trucks were more likely to roll over than passenger cars, occupants of a pickup were less likely to sustain fatal injuries than occupants of a passenger car.</p>

<p>Maybe that is why the victim in this single vehicle roll over is lucky to be alive, although she did have serious injuries.  Our victim in this Florida <a href="http://www.shw-law.com/lawyer-attorney-1355941.html">truck accident </a>case is a 45 year old single woman living in West Palm Beach, Florida.  She had traveled to Indiana with her boyfriend to visit her son and was enroute back to her home at the time of this Florida auto accident.  They had borrowed her son’s pickup truck and the boyfriend was driving on State Road 55 in Cross City, Florida early one rainy morning. The victim was asleep when the accident occurred, but feels certain that the driver fell asleep and then over-corrected when he ran off the left shoulder of the road.  He then cut across the road to the right shoulder, ran off the road and the truck flipped over one or two times before landing against a tree by the road.  The driver denies falling asleep and states that he believes a tire blew and caused the accident.</p>

<p>Whatever happened, the victim through no fault of her own, sustained very serious injuries in this crash, including but not limited to injuries to her neck, right shoulder, head, mid and low back.  In fact, her medical expenses eventually amounted to almost $200,000.00.  As a result of this accident, she received a huge knot on the right side of her head and sustained severe memory loss and had constant migraines.  Her neck had a ruptured disc and a bulging disc and required surgery for disc replacement.  Her right shoulder was separated.  Her lumbar spine had a ruptured disc and a bulging disc.  She is told by her physicians that she may need future surgery.</p>

<p>The victim in this case requested assistance from <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>because she was concerned about her mounting out-of-pocket expenses, and was fearful that she might require more invasive treatment in the near future.  Mr. Schuler pursued settlement with the insurance companies representing the defendants and the uninsured motorists carrier in this matter, and was successful in obtaining a total settlement of hundreds of thousands of dollars for this victim.  She will now be able to obtain medical treatment and any surgery she made need in the future<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Boating Accident in Palm Beach, Florida Causes Amputation of Fingers</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/01/boating_accident_in_palm_beach.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=69337" title="Boating Accident in Palm Beach, Florida Causes Amputation of Fingers" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.69337</id>
    
    <published>2010-01-22T20:50:34Z</published>
    <updated>2010-02-18T21:01:11Z</updated>
    
    <summary>When you plan a fun-filled day of boating, you would never expect to end up losing a portion of your fingers on such an excursion, but that’s exactly what happened to the victim in this case. The victim in this...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
            <category term="Admiralty Litigation" />
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>When you plan a fun-filled day of boating, you would never expect to end up losing a portion of your fingers on such an excursion, but that’s exactly what happened to the victim in this case.</p>

<p>The victim in this <a href="http://www.shw-law.com/lawyer-attorney-1356604.html">Florida boating accident </a>was a 28 year old married man who was a karate instructor and owned his own karate studio.  He and his wife had very active lives and enjoyed a comfortable lifestyle.  They were members of an exclusive boating club located in North Palm Beach, Florida where by paying a membership fee, they were allowed the use of a boat whenever they wished.  </p>

<p>On this particular fall day, they had secured the use of a 24 foot power boat for the afternoon with a friend of theirs and anchored just off the beach on the north end of Palm Beach Island.  The trio had gone ashore to have lunch just before this incident occurred.  When the victim was attempting to climb up the dive ladder to get back onto the boat, his fingers got caught at the hinge of the ladder, partially amputating the third and fourth digit of his right hand.</p>

<p>As they were heading back to the marina, luckily the Marine Patrol was nearby and rushed him to Blue Heron Park where he was picked up by Fire Rescue and taken to the emergency room at St. Mary’s Medical Center. Once there, he was taken into surgery immediately.  Unfortunately, this victim would require two more surgeries to his fingers and possibly will require more in the future.</p>

<p>Of course, this victim incurred thousands of dollars in medical expenses and worst of all, he lost a large amount of income from his karate studio since he is no longer able to act as an instructor and, in fact, was unable to work at all for quite some time due to the pain he had to contend with on a daily basis.</p>

<p>This victim contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>for assistance in obtaining some compensation for the expenses and pain and suffering he endured due to the negligence of the marina and the fact that the ladder on this boat was faultily constructed.  This fact was confirmed by a safety expert retained by Mr. Schuler in this case.  After extensive investigation Mr. Schuler was successful in settling this case without the necessity of a trial for several hundred thousand dollars</p>]]>
        
    </content>
</entry>
<entry>
    <title>Buyer and Seller of Huge Commercial Property Conspire Against Brokers&apos; Entitlement to Commission</title>
    <link rel="alternate" type="text/html" href="http://www.florida-personal-injury-lawyer-blog.com/2010/01/buyer_and_seller_of_huge_comme.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.florida-personal-injury-lawyer-blog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=258/entry_id=66043" title="Buyer and Seller of Huge Commercial Property Conspire Against Brokers' Entitlement to Commission" />
    <id>tag:www.florida-personal-injury-lawyer-blog.com,2010://258.66043</id>
    
    <published>2010-01-11T18:09:37Z</published>
    <updated>2010-01-11T18:22:42Z</updated>
    
    <summary>It’s a sad fact of life that in the business world, many times the wealthy, powerful individuals and/or corporations try to take advantage of basic, hardworking people and push them out of the way in business transactions to save themselves...</summary>
    <author>
        <name>Schuler, Halvorson &amp; Weisser </name>
        <uri>http://shw-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.florida-personal-injury-lawyer-blog.com/">
        <![CDATA[<p>It’s a sad fact of life that in the business world, many times the wealthy, powerful individuals and/or corporations try to take advantage of basic, hardworking people and push them out of the way in business transactions to save themselves some money when possible.  Such is the case here.  </p>

<p>The two victims in this commission entitlement case are real estate brokers who have been involved in the real estate business in Palm Beach County since the early and mid-70’s, initially as salespersons and then subsequently as brokers.  One of the principals involved is a very wealthy landowner who owned five sections of land (approximately 4,000 acres) free and clear between the Florida Turnpike and Okeechobee Boulevard.  One of these real estate brokers had been working on selling this gentleman’s properties for years.  He had an open listing to do so and had brought many offers to the owner on various sections over the years, including the property involved in this case.  </p>

<p>This broker spoke with a second broker about the availability of these properties.  This second broker felt that a large corporation she dealt with might be interested in some or all of the properties and sent correspondence that introduced the corporation to these properties.  </p>

<p>Multiple meetings were held between the corporation and the second broker with the knowledge and permission of the landowner.  These meetings took place over a three month period and it soon evolved that the corporation became interested in portions of the property.</p>

<p>During the next month, there were many discussions between this second broker, the large corporation and the landowner, culminating in the corporation issuing a letter to the  broker instructing her to make an initial proposal regarding portions this property.  As instructed, the broker brought this initial proposal to the landowner from the corporation.</p>

<p>As discussion continued between the broker, the corporation and the landowner, the landowner could determine that the deal was starting to heat up because the corporation had committed itself in writing on it’s stationery making this preliminary offer.  At this point, he demanded, as owner, that he carry on the negotiations directly with the corporation and that the brokers take a passive role.  The brokers were “frozen out”.<br />
</p>]]>
        <![CDATA[<p>These brokers had an understanding from day one with the landowner that their commission on any transaction to take place would be 10%.  There was correspondence, potential contracts on sections of land, including the parcel in question, in which the owner had previously agreed to a 10% commission.  </p>

<p>Through the process of continuous negotiation, the landowner ended up selling a portion of this property to the large corporation, and entered into two option contracts that basically stated that the corporation had the obligation to purchase 10% of the remaining available land per year to extend over a seven year period.  They could buy all of it or greater than 10% at any time they wanted, but they had to purchase a minimum of 10% per year up until six years and then in the seventh year they had to buy whatever was left.</p>

<p>The landowner even admitted that he owed some money to the brokers and offered the brokers in writing $50,000.00 as a real estate commission, but that is a far cry from what he should have paid.  At that point in time, the sales had amounted to $8,000,000.00, which would mean a commission of $800,000.00.  That does not even include the future sales as pertains to the two option contracts.</p>

<p>The documents show that the landowner and corporation conspired together by editing out the brokers’ names on the original contract. Also, the landowner requested a written statement from the corporation that they had not dealt with any brokers, and the corporation refused to give it, as evidenced by the correspondence and exhibits.  In addition, the corporation sent out a memorandum stating that they would do anything within their power to help the landowner against the brokers.  The reason they were cooperating in a conspiracy to avoid a real estate commission in this case is because they wanted to continue to maintain a friendly relationship with the landowner for possible future dealings.</p>

<p>The brokers contacted <a href="http://www.shw-law.com/lawyer-attorney-1326421.html">Attorney Richard D. Schuler </a>to represent them in this case.  Mr. Schuler researched this matter and retained knowledgeable experts for assistance.  Suit was filed against the landowner and the corporation not only for the real estate commission owed, but also for punitive damages because the landowner knew that he owed a real estate commission to the brokers and so did the corporation.  It was known so well, in fact, that the corporation actually put the brokers’ names in the original draft of the contract stating that they had been the procuring cause of the sale.</p>

<p>Mr. Schuler was successful in settling this case without going to trial for an amount in excess of $1.5 million</p>]]>
    </content>
</entry>

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