Florida Personal Injury Lawyer Blog

Side impact accidents or T-bone collisions as they are often called are more likely to be fatal than front or rear end accidents of similar force. The side of a vehicle is usually far less protected than the front or the rear and therefore there is less protection for the passengers inside the car. Although side airbags can be of help, they offer little assistance in a serious broadside crash. This type of crash is most often caused by one car not yielding the right of way, usually resulting in very serious injuries.

Such was the case in this Florida automobile accident case. This accident occurred at approximately 2:00 p.m. at an intersection in a school crossing zone. The school crossing guard on duty at the time witnessed the accident and stated that the victim was attempting to execute a left turn at the intersection when the other driver ran a red light and caused a heavy, t-bone style crash between the two vehicles.

The victim in this case was a hardworking husband and father, and in fact, he had his six year old daughter in the car with him at the time of the accident. She was not injured in the crash, but because his daughter was in the vehicle and pretty shaken at the time, the victim did not immediately go to the emergency room after the accident.

He initially treated with a chiropractor for injuries to his neck and back and pain down into his left arm. He had hit the left side of his head during the collision as well. He received some injections while under the care of the chiropractor and was sent for a cervical MRI. Shortly thereafter, he began treating with a neurosurgeon who recommended that he undergo an anterior C4-5, C5-6 decompression, fusion and anterior instrumentation.

After much consideration and discussions with his wife, the victim did undergo surgery for an anterior cervical disk fusion at C4-5 and C5-6. The vicitm was out of work for six to eight weeks, and his medical expenses totaled more than $115,000.00.

Continue reading "School Crossing Guard Witnesses Serious Crash at Intersection in Wellington, Florida" »

Side impact collisions or “T-Bone” collisions as they are commonly called, are more likely to be fatal than front or rear end accidents of similar force. This is because the side of the vehicle is usually far less protected, therefore less protection for the passengers inside the vehicle. Although side air bags can help, unfortunately they offer little help in a serious broadside crash.

Early one morning, the victim in this Florida automobile accident case was traveling south in the far outside lane of Lawrence Road in Boynton Beach, Florida, when a vehicle traveling west on Minor Boulevard turned in front of the victim’s vehicle and collided with the passenger side of her car. The impact was so great that it pushed the victim’s car into a telephone pole which then bent and fell into her vehicle. It took approximately six hours to get the pole off of her vehicle and left the neighborhood without power for eight hours. The other driver in this accident was cited by the Boynton Beach Police Department for violation of right of way.

The victim cannot remember the accident and thinks she was unconscious when the ambulance came and transported her to JFK Hospital for injuries to her head, neck, back, right side, right leg and left knee. Testing was performed and the victim was diagnosed with cervical strain and a closed head injury. She was sent home, only to return a few hours later in severe pain and she was prescribed medication.

The victim followed up on her treatment with a chiropractor with complaints of neck pain, low back pain, mid-back pain and headaches. She felt no relief and the pain became worse causing her to seek treatment from an orthopedist. Her initial treatment with this physician was with chief complaints of neck and upper back pain. After an initial evaluation, the orthopedist noted restricted, painful flexion, extension and rotation by approximately 20 to 30 degrees in each direction. He also noted tenderness over the trapezius where there is moderate spasms, as well as over the paraspinal musculature. The victim was prescribed Vicodin for pain, Medrol Dosepak for inflammation, Flexeril for muscle spasms and referred to a pain management specialist, who noted symptoms and signs on physical exam consistent with left cervical facet mediated pain as a result of the motor vehicle accident. She was placed on Naprosyn as well as Robaxin for muscle spasms. In addition, trigger point injections in the left trapezius muscle were performed, along with a left C3-4, C4-5 and C5-6 medial branch blocks for treatment of her left cervical facet-mediated pain.

Continue reading "T-Bone Crash in Boynton Beach, Florida Leaves Victim With Severe Head and Neck Injuries, Among Others" »

One driver not paying attention and driving carelessly can cause lifelong medical problems for countless other safe and attentive drivers.

The victim in this Florida automobile accident case was quite active, worked out regularly at the gym and enjoyed biking prior to this accident. He has two sons, ages 11 and 16, and is a committee chair for their local Boy Scout troop.

This accident occurred on I-95 just south of Atlantic Avenue in Delray Beach, Florida. The victim was traveling southbound on I-95 when another driver (who was not paying attention and driving carelessly) lost control of his vehicle, struck another vehicle and then plowed into the victim’s vehicle at a high rate of speed. The impact was severe and resulted in substantial property damage. Thankfully, the victim was wearing his seat belt when the accident occurred, or the injuries would probably be much more severe.

Fortunately, the victim did not require any emergency medical treatment at the scene of the accident. However, he experienced the immediate onset of severe pain in his neck directly after the accident which resulted in an emergency room visit at Columbia Hospital. After being examined and undergoing a diagnostic work up, the victim was released with a diagnosis of cervical strain, prescriptions for medications and a recommendation to follow up with a physician.

The victim followed up with a chiropractor for continued pain in the neck as well as pain that developed in his lower and mid back, and left wrist. The treating chiropractor placed the victim on a conservative chiropractic/therapeutic rehabilitation program, and based on the extent and severity of his complaints of pain and symptomatology, ordered MRI’s of the lumbar and cervical spine.

The lumbar MRI revealed that the victim was suffering from multiple bulging discs, but more importantly, annular tears at three separate levels. In addition, the cervical MRI revealed that the victim was suffering from three separate bulges and a 2mm anterior disc herniation at the C4-5 level.

Continue reading "Multiple Injuries Result from Other Driver’s Careless Inattentiveness in Delray Beach, Florida Accident" »

Our victim in this Florida automobile accident case is a 51 year old married man who lives in Palm Beach Gardens with his wife and children.

On this particular evening, he was traveling northbound in the left inside lane on U.S. Highway One in Juno Beach, when another driver attempted to cross the northbound lanes of traffic and struck the left side and rear of the victim’s vehicle, causing the victim to spin out of control, cross over the concrete median and into the southbound lanes. Luckily, no other vehicles were involved. According to the police report in this case, the other driver was found at fault due to her failure to yield the right of way.

The victim was transported to Jupiter Medical Center immediately following this auto accident due to severe lower back pain. He was treated accordingly and released with the appropriate prescriptions and orders to follow with a physician regarding his injuries.

Over the next several weeks, the victim developed severe lower back pain and neck pain with radicular symptoms into his left arm. These issues prompted him to seek treatment with a chiropractor in Jupiter, Florida. The chiropractor prescribed conservative therapy to include chiropractic manipulation, electric stimulation, ultrasound and therapeutic massage.

Due to his continuing complaints of neck pain, the chiropractor prescribed an MRI of the cervical spine, which revealed a C6-7 central disc herniation, which impinged upon the anterior cervical cord. The positive and serious result of the cervical MRI prompted the treating chiropractor to refer the victim for a neurosurgical consultation.

The neurosurgeon agreed with the MRI findings and recommended proceeding with epidural injections and advised the victim that he was at increased risk for further spinal cord injury due to the extent of his cord impingement. Over the next several months, the victim underwent three posterior cervical epidural steroid injections with epidurography using C-arm fluoroscopy. Unfortunately, the conservative therapy and injections did not improve the victim’s condition. Therefore, it was the opinion of the neurosurgeon that the victim’s only hope for relief was surgical intervention in the form of a multi-level cervical fusion at a cost of approximately $100,000.00 and indicated that the victim had incurred an 11% impairment to the body as a whole due to the injuries sustained in this motor vehicle accident.

Continue reading "Serious Auto Accident in Juno Beach, Florida Results in Surgical Intervention" »

The victim in this Florida automobile/pedestrian collision was a 36 year old married man in excellent health and the father of two small children. His wife was 29 years old and their marriage and family life was loving, warm and happy.

On the date of this tragic incident, the victim was employed by a railroad carrier engaged in interstate commerce. He was directed by his employer to visit the premises located in downtown West Palm Beach where an automobile repair shop was located to arrange to have repairs made to his employer’s vehicle. When the victim arrived at the repair shop,
there was a large dumpster owned by the City of West Palm Beach and leased to the owner of the repair shop sitting right next to the edge of the driveway and just inches from the street. There was also a tractor trailer that was backed into the driveway of the premises so that its front bumper was virtually even with the edge of the street. So not only was the dumpster unlawfully placed because it was located on the public right of way, but the truck was illegally parked as well. The victim parked his employer’s pickup truck between the tractor cab and the dumpster, although further into the driveway, and proceeded into the automobile repair facility. While inside, the victim’s co-employee arrived at the scene in another truck owned by the employer and parked on the other side of the street, across from the dumpster.

When the victim left the automotive repair facility, he walked to curbside to speak with his co-employee. He came to a stop at curbside just south of the dumpster. While standing there, the victim’s head was struck by a southbound van owned by the City of West Palm Beach and driven by one of its employees.

The victim’s testimony is unrebutted that he never stepped off the curb and had no intention of doing so. A toupee he was wearing was found about 2 feet south of the dumpster. Police photographs of the van only show damage on the passenger side of the windshield and passenger sideview mirror. The victim sustained severe head trauma and broken ribs on his left side, but no injury below his waist. The driver of the van testified under oath that he never saw the victim.

Continue reading "Collision Between Motor Vehicle and Pedestrian in West Palm Beach, Florida Results in Severe Brain Damage" »

As so often happens, drivers can be sitting at a red light, doing absolutely nothing wrong, and can end up with very serious injuries in a traffic accident.

This is exactly what happened to the victim in this Florida motor vehicle accident case. He was sitting at a red light on Alternate A1A in the left hand lane at the intersection of Burns Road, just waiting for the light to change, when the driver of a bus in the lane directly behind him (who was not paying attention and driving carelessly) failed to see him and crashed into the back of his vehicle. Fortunately, the victim was wearing his seat belt at the time of the crash.

Upon impact, the victim experienced the immediate onset of pain in his neck. As a result, he drove to the emergency room at Palm Beach Gardens Medical Center where he presented with symptoms including pain to the head, paresthesias around the mouth, arms and neck, along with neck pain. After undergoing a complete physical examination and diagnostic work up (including a CT scan of the head and spine), the emergency room physician diagnosed neck pain with probable cord compression and released the victim with prescriptions for pain medication, muscle relaxants, anti-inflammatories and instructions to follow up immediately with a physician.

Subsequently, the victim was seen by a neurosurgeon for continued pain in his lower back and neck. He also continued to experience numbness to the left side of his mouth and left hand. In addition, the CAT scan revealed a disc herniation at the C4-C5 level. Based on his physical examination and clinical findings, the neurosurgeon immediately ordered MRIs of the cervical and lumbar spine. Unfortunately, the MRI of the lumbar spine revealed a disc bulge at the L4-5 level as well as a L5-S1 central disc protrusion. More importantly, the cervical MRI revealed:

• Left paramedian annular tear at C6-7
• Central disc herniations at C2-3, C3-4 and C5-6
• Broad based disc herniation with cord impingement and central canal stenosis at C4-5

Needless to say, the victim (who has never experienced any significant neck pain or required any medical treatment on his cervical spine in the past) was absolutely devastated by the MRI findings. The neurosurgeon confirmed a diagnosis of mechanical low back and neck pain with cervical radiculopathy and noted a significant increase in the progression of the victim’s neck pain, headaches, and numbness into his right arm and leg. He also noted that the victim was in a severe state of inflammation and spasm and recommended continued and aggressive physical therapy and medications.

Continue reading "Victim of Rear-End Collision in Palm Beach Gardens, Florida Left With Serious and Debilitating Injuries" »

The victim in this Florida automobile accident suffered serious and permanent injuries as he was stopped for a traffic signal on Alternate A1A in Palm Beach Gardens. Suddenly, and without warning, a bus being operated by a careless and inattentive driver plowed into the rear of his vehicle. Fortunately, the victim was wearing his seat belt when the accident occurred.

Immediately upon impact, the victim experienced the onset of pain in his neck. Since he could literally see the hospital entrance from the accident scene, he drove himself to the emergency room at Palm Beach Gardens Hospital, where he presented with symptoms including pain to the head, headaches, paresthesias around the mouth, arms and neck, along with neck pain. After undergoing a complete physical examination and diagnostic work up (including a CT scan of the head and spine) the emergency room physician diagnosed neck pain with probable cord compression and released the victim with prescriptions for pain medication, muscle relaxants, anti-inflammatories and instructions to immediately follow up with a physician.

Subsequently, the victim was seen by a neurosurgeon for continued pain in his lower back and neck. Unfortunately, he continued to experience numbness to the left side of his mouth and left hand. In addition, the CT scan revealed a disc herniation at the C4-C5 level. Based on his physical examination and clinical findings, the neurosurgeon immediately ordered MRI’s of the cervical and lumbar spine.

The MRI of the lumbar spine revealed a disc bulge at the L4-5 level as well as an L5-S1 central disc protrusion. More importantly, the cervical MRI revealed the left paramedian annular tear at C6-7, central disc herniations at C2-3, C3-4 and C4-6, and broad based disc herniation with cord impingement and central canal stenosis at C4-5. Needless to say, the victim (who has never experienced any significant neck pain or required medical treatment on his cervical spine in the past) was absolutely devastated by the MRI findings. The neurosurgeon confirmed a diagnosis of mechanical low back and neck pain with cervical radiculopathy and noted a significant increase in the progression of the victim’s neck pain, headaches, and numbness into his right arm and leg. Furthermore, he noted that the victim was in a severe state of inflammation and spasm and recommended continued and aggressive physical therapy and medications.

Approximately one month later, the victim received unfortunate news from his neurosurgeon that would permanently impact him and his family. He confirmed that due to the mechanical neck pain with cervical disc radiculopathy as well as the herniated nucleus pulposus at C4-5 and C5-6, the only form of relief would come though a major open, lengthy and complicated surgery on the cervical spine to correct the defects.

Subsequently, the victim scheduled an appointment with another neurosurgeon for a second opinion and unfortunately, this neurosurgeon confirmed what the victim’s first neurosurgeon had stated, and explained the risks of the procedure, which included death, infection, bleeding, paralysis, transfusion, re-operation and/or chronic pain. Most importantly, he confirmed that there was no guarantee as to the outcome of the surgery.

Continue reading "Auto/Bus Accident in Palm Beach Gardens, Florida Results in Permanent and Devastating Injuries" »

The law in Florida attaches a presumption of negligence to the rear driver in a rear-end collision accident. In fact, the governing rule under Florida law is that even a sudden stop by the lead vehicle does not overcome the presumption of negligence on the part of the rear-ending driver.

The victim in this Florida automobile accident case was a 45 year old married father of five children when he sustained very serious and debilitating injuries in a rear-end collision while sitting at a light on an off-ramp from I-95. The other driver in this case stated that he was waiting at the light on the off-ramp with approximately 10-12 vehicles in front of his, including the victim. He indicated that when the light turned green, he started to proceed forward while the victim’s vehicle was directly in front of him. He then indicated he was looking to the left for other vehicles and when he turned back to look forward, he realized the victim’s vehicle was stopping when he saw the brake lights and he then collided with the back of the victim’s vehicle.

The victim in this case felt immediate pain in his neck, shoulders, low back and knees, but he was a very healthy, active individual who never went to doctors and was hoping the pain would resolve on its own, so he did not immediately seek medical attention. After approximately one month of constant pain and increasing discomfort, he decided to visit a chiropractor for some relief. After numerous sessions with the chiropractor, the chiropractor diagnosed him with 3 herniated discs and referred him to an orthopedic physician for further evaluation.

After treating the victim conservatively for several months for his injuries, the orthopedic physician felt that he may need some type of formal open decompression along with discectomy and referred him to an orthopedic surgeon for a second opinion. This orthopedic surgeon sent the victim for additional MRI scans, and noted that he had multi-level disc herniations both of the lumbar spine and the cervical spine. At this point the physician recommended epidural steroid injections and advised the victim that any relief would most probably be temporary in nature.

Unfortunately, the relief the victim received from the injections was temporary and he eventually had to undergo the following procedures: bilateral hemilaminotomies at L2-3, L3-4, L4-5; with total discectomy L2-3, L3-4, L4-5; with posterior lumbar interbody fusion, L2-3, L3-4, L4-5; with Stryker PEEK cages, with segmental pedicle screw fixation with Stryker XIA titanium pedicle screws L2 to 3, L2-L5; with posterior lateral arthrodesis L2 to L5 with C-arm fluoroscopy and evoked potential monitoring; with foraminotomies over the nerve roots. He also required intervention after he developed a severe infection.

Continue reading "Rear-End Accident Results in Severe Pain and Disability for Father of Five in Boca Raton, Florida" »

Sometimes it doesn’t matter how carefully you drive, someone else will drive carelessly and involve you in an accident which may very well cause serious injuries to you.

Our victim in this Florida automobile accident case was traveling southbound on Jog Road in Boynton Beach, Florida in the inside through lane when suddenly, a vehicle traveling eastbound across Jog Road struck the front of the victim’s vehicle with the left rear of his vehicle. According to the police report, the other driver was found at fault for the accident and cited for violation of right of way.

The victim presented herself to the emergency room at JFK Hospital the following day with neck and upper back pain. She was treated accordingly and released with orders to follow up with the appropriate physicians regarding her injuries. She then scheduled an appointment with her primary care physician complaining of neck and back pain. She was prescribed the appropriate medication for her symptoms and was advised to seek treatment with a specialist, which she did a few days later. The specialist prescribed conservative therapy and recommended a cervical MRI, which revealed a posterior disc herniation impinging on the anterior subarachnoid space at C5/6.

Due to the severity and seriousness of the positive MRI scan, she was referred to an orthopedic physician for consultation. This physician agreed with the MRI findings and recommended pain management injections. The victim underwent three cervical injections with a pain care specialist. However, the injections only provided temporary relief from her severe cervical pain.

She ultimately consulted with a neurosurgeon regarding possible surgical intervention. Shortly thereafter she underwent an anterior endoscopic cervical discectomy at Columbia Hospital. It is the opinion of the neurosurgeon that she has now reached a point of maximum medical improvement with a 7% whole body impairment rating based on the AMA guidelines after the surgical procedure on her cervical spine. However, the neurosurgeon has indicated that a lifetime of future medical care will be required at a substantial cost. In addition, it is possible that she may require an anterior cervical disc fusion at C5/6 at some point in her life time.

This victim sought the assistance of Attorney Richard Schuler in her case against the other driver in this matter. With the severe injuries, the surgical procedures performed, the future medical expenses that will be required for this victim, and all other aspects of this case, Mr. Schuler was successful in settling this case without ever having to file a lawsuit on this lady’s behalf.

Any time you are traveling on a multi-lane highway like I-95, you are more susceptible to dangerous accidents from careless drivers weaving in and out of traffic. Such was the case with this victim, even though she did nothing wrong.

The victim in this Florida automobile accident was 39 years old at the time of this accident and was driving southbound on I-95 with her husband in the front passenger’s seat of the vehicle. She was in the second lane from the right when a vehicle approached very fast and attempted to pass her on the right, but when he moved over into her lane, his left rear struck the right corner of the victim’s vehicle, causing her to veer out of control across the southbound lanes and traffic and strike the median separating the north and southbound lanes of I-95 with tremendous force. Luckily, she did not strike any other vehicles.

Witnesses to this accident stated that the other driver had been driving erratically, cutting in and out of traffic and speeding just prior to the impact. One witness stated that as he came up to the car to offer assistance, he noted that the driver’s right leg bone was broken and was sticking out through her skin.

The victim was taken to St. Mary’s Medical Center complaining of right arm pain and right leg pain. X-rays were taken which showed a right arm ulnar fracture and right leg fractures. She was immediately taken to surgery where procedures were performed on both her right leg and right arm. The arm surgery required a plate and screws to secure the repairs. Similarly, the right leg necessitated the use of a clamp, guidewires and screws to stabilize the fractures. She complained of tremendous pain and in approximately six months time, another surgery was performed on her right leg, since the x-rays revealed a non-union of the fibula and displacement of the fracture.

This victim continues to have headaches and perhaps more serious that the physical injuries were her psychological problems. Shortly after the accident, the victim stated “It all took a few seconds. I was terrified for my life.” She stated she looked down and saw a bone sticking out of her right ankle and she felt extremely helpless. “I feared I’d lose my foot. I started screaming, and then I fainted.”

Continue reading "Auto Accident in Lake Worth, Florida Results in Serious Physical and Psychological Injuries" »

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 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.

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.

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.

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.

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.

Continue reading "Motor Vehicle/Pedestrian Accident in Boynton Beach, Florida Results in Severe Pain and Permanent Injuries " »

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, that was the case of the victim in this Florida automobile accident. 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.

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.

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.

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.

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.

Continue reading "Driver Falls Asleep at the Wheel in Big Pine Key, Florida Causing Catastrophic Injuries for Passenger" »

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 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”.

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.

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.

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.

The victim’s widow and children contacted Attorney Jason D. Weisser 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.

Spending many hours on the road each day is a fact of life for most people, and the statistics for motor vehicle accidents is alarming. If you have a multiple car accident, it is often times very difficult to determine liability. In these cases, a thorough investigation of the accident scene is very important.

In this Florida automobile accident case, the victim was a 45 year old single woman who was in good health, had a job that provided her with a good salary, and was enjoying life. Unfortunately, the victim was rear-ended by three different vehicles while stopped. These impacts were so severe that the victim suffered severe injuries and required two major surgeries.

Not only did the victim require two surgeries on her spine, but the surgeries caused additional problems and the victim was left with a screw in her vocal cord area. She was informed that if the screw migrated, she could die. No physician would agree to do her follow-up surgery to correct the problem and, in fact, a prominent orthopedic surgeon in the Palm Beach County area stated that he does not think anything can be done to help her. The victim is still attempting to locate a physician that will give her the care and treatment she needs.

This victim accumulated over $410,000.00 in medical expenses, and sustained almost as much in lost wages as a result of this accident. Of course, she will continue to lose wages in the future, since she will not be able to return to work. She was approved for Social Security Disability, which will take some of the emotional and financial strain off of her. However, she will still need surgery in the future, if she is able to find a physician who will help her.

The victim in this case sought the help of the law firm of Schuler, Halvorson and Weisser in this matter. Attorneys Steven W. Halvorson and J. Freddy Rhoads agreed to represent her in her pursuit of a case against the tortfeasors and the insurance company that provided uninsured/underinsured motorist coverage to the victim. The attorneys were successful in obtaining a settlement in this case that will assure that the victim will be able to get the care and treatment she will need in the future.

The holidays should be a joyful time, but on this particular Christmas Eve, the victim in this Florida auto accident case had been to a Christmas party with friends. On the way home, he was one of three passengers riding with his friend in the front of his friend’s pick-up truck. Unfortunately, since there were only three seat belts and four people in the front seat, no one had their seat belts on.

It was a dark night, and the winding road was wet with poor lighting. The driver of the truck lost control, the truck began spinning and flipped. The driver and our victim were ejected from the truck. Our victim was in tremendous pain and had serious trouble breathing and was taken to a trauma center in West Palm Beach, Florida by helicopter. The EMS crew reported that there was extensive damage to the front passenger compartment of the pick-up truck.

Upon physical exam by the trauma surgeon, the victim had a tender, very rigged abdomen. Based on that fact, it was felt that he had life-threatening injuries, and he was taken urgently to the operating room for an exploratory laparotomy so the surgeon could look into the abdomen to identify his injuries.

The victim received an incision from the bottom of his chest bone to just above his pubic bone. During the operation, it was noted that he had blood free in the abdomen, which meant that some organ was bleeding. The surgeon found that his spleen was seriously damaged and bleeding profusely and had to be removed. There was also a laceration to his liver, which was actively bleeding, and the bleeding had to be stopped by electrocautery. Since the spleen had to be removed, the patient now has an increased chance of infection. Post-op, he was on a ventilator, pain management and wound care and remained in a coma for 12 days.

A few days after being released from the hospital, he returned complaining of nausea, vomiting and the inability to eat. He was found to have an infection and had to have a second operation to disinfect the wound.

Continue reading "21 Year Old Suffers Severe Injuries in Martin County, Florida " »

According to the Florida Department of Highway and Motor Vehicle Safety, in the year 2007, there were approximately 256,206 traffic crashes on Florida’s roadways. Resulting from these crashes were approximately 212,149 injuries and a reported 3,221 traffic fatalities.

These statistics don’t really mean much until you consider the personal stories contained in each of these accidents.

Our clients in this Florida automobile accident case were a 52 year old mother and her 17 year old son. In this instance, the son was driving and the mother was the front seat passenger. Our clients were traveling eastbound on Northlake Boulevard when another driver in a pick-up truck failed to stop and yield the right of way while traveling northbound on an intersecting roadway. The other vehicle entered the intersection and plowed into the passenger side of our clients’ vehicle. The impact was so severe it pushed the victims’ vehicle across the westbound lanes of traffic and onto the shoulder of Northlake Boulevard approximately 100 feet northeast of the initial impact. The resulting damage to the victims’ vehicle was so great that it was ultimately deemed a total loss.

The young son who was the driver was transported via ambulance to the emergency room at St. Mary’s Hospital with an open laceration to his scalp. This wound required several metallic staples to close and has left a permanent and unsightly scar on his head. His mother unfortunately sustained a horrific open compound fracture to her right arm that her son was forced to witness. As to be expected, this has left a negative and lasting impression on the young man.

The mother was transported to the emergency room at St. Mary’s Hospital via Trauma Hawk. She sustained severe injuries to her right arm which included a combined Montegia fracture, a dislocation of the elbow, and a mid-shaft radius and ulna fracture. Upon her arrival at the emergency room she was evaluated and immediately transferred to the operating room where she underwent extensive surgical procedures.

This family sought the assistance of Attorney Richard D. Schuler, who did an in depth investigation into the cause of this accident and filed suit against the driver of the pick-up truck and, since he was working at the time of this accident, he also sued his employer, one of the sugar corporations in Palm Beach County, Florida.

Unfortunately, the mother in this case sustained a permanent injury and permanent dysfunction as a result of this accident. Her treating orthopedic surgeon assigned a 33% permanent impairment to the body as a whole. According to her physician, she continues to suffer from “severe loss of rotation at the elbow and wrist with almost no functional supination and significant loss of extension at the elbow.” Further, her physician stated that she has suffered one of the most severe fracture dislocations and combined forearm
fractures that one can have. In addition to the aforementioned problems, she is left with severe permanent scaring to her right forearm due to the open fractures and invasive surgical procedures.

Mr. Schuler was successful in settling this case without the necessity of a trial for several hundred thousand dollars for this mother and son.

Rear-end collisions are one of the most common types of collisions. According to statistics, there were 1.8 million of them in 2006, or approximately 29% of all injury crashes in the United States. These rear-end crashes accounted for more than 2,000 deaths and 800,000 injuries.

As in most rear-end collisions, the victim in this Florida automobile accident case had no idea another driver was about to carelessly plow into the rear of her vehicle as she was attempting to make a right turn into the church parking lot one Saturday. The other driver was found to be 100% at fault in this incident and fortunately, the victim was wearing her seatbelt when the accident occurred. Unfortunately for our victim, she had already been involved in a prior automobile accident wherein she sustained a significant neck injury (including surgery), which was seriously aggravated due to this accident. In fact, he victim’s medical bills in this case totaled over $97,000.00.

The victim was taken via ambulance to the emergency room at Bethesda Memorial Hospital in Boynton Beach, Florida. She complained of pain in the neck and back and was concerned about the effect of the accident on her prior injuries/neck surgery. Eventually, after undergoing numerous tests and diagnostic studies, she was released with instructions to follow up with a physician.

Subsequently, the victim in this case came under the care of an orthopedic surgeon who found her neck and back in a very fragile condition and that she was a patient in severe pain with constant soreness and stiffness. She underwent MRI’s of the lumbar, cervical and thoracic spine which revealed two herniations of the neck at C3-4 and C4-5 levels, a large central and right paracentral disc herniation with effacement of the ventral spinal cord at the C4-6 level and a C6-7 disc bulge and central herniation with effacement of the ventral spinal cord. In addition, a lumbar spine MRI revealed two disc bulges at the L2-3 and L5-S1 levels. Finally, the thoracic MRI revealed that the victim is now suffering from a T1-2 broad based posterior herniation, a T2-3 posterior herniation with cord displacement and possible cord flattening and a T6-7 right-sided disc herniation.

The orthopedic surgeon referred the victim to a pain management specialist, who began a process of lumbar facet injections under fluoroscopic guidance.

This collision victim contacted the offices of Schuler, Halvorson, Weisser & Zoeller, P.A. and requested that Attorney Jason D. Weisser assist her in pursuing a claim against the at fault driver in this matter. Since the at fault driver’s insurance coverage was not even enough to pay this victim’s medical expenses, Mr. Weisser also pursued a claim against the underinsured motorist carrier and was successful in obtaining a settlement of several hundred thousand dollars from these two insurers without the necessity of a trial to help in this client’s recovery and future medical expenses.

In rear-end collisions, injuries to the occupants of the vehicles are usually much worse for the impacted car, because occupants of the following vehicle can see the imminent impact and brace against it. Generally, impacting into another car is the equivalent of impacting a wall at half of the speed. This means that rear-ending a stopped car while traveling at 40 miles per hour would be the same in terms of mechanical damage and injury to passengers, to impacting a wall at 20 miles per hour. This is true if the vehicles have roughly the same mass. However, if one vehicle is much larger than the other, the smaller vehicle suffers most of the damage.

Our victim in this Florida automobile accident case, a U. S. postal employee in her early 50’s, was stopped, waiting for a Palm Beach County Deputy Sheriff’s vehicle in front of her to make a left turn. While waiting, she was struck from behind by another vehicle, and the impact was severe enough that it pushed her about 10 feet into the deputy sheriff’s vehicle. There was no way for our victim to take any evasive action in this rear-end collision, and she sustained a severe injury to her lower back.

As a result of the above rear-end collision, our client had persistent and ongoing pain and symptomatology resulting from her low back injuries which necessitated surgery with a fusion at the lumbar L4, L5 level, with implant of a prosthetic device and a partial vertebral corpectomy.

Subsequent to her release from the hospital for surgical recuperation, she developed significant leg pain on the right side. Unfortunately, she failed to respond to medication and was readmitted to the hospital approximately ten days later for diagnostic work-up. At that time, x-rays were performed of the lumbar spine which showed collapse of the L5 vertebral body with anterior migration of the cages. She was taken to surgery a second time and underwent a release and decompression of the nerve roots at L5.

She was unable to return to her work in the post office as a mail sorter and continues to have difficulties with her routine daily living needs. Her husband had to assist her in and out of the shower, she could not perform the household chores, and has trouble even trying to dress herself. Sadly, this couple was forced to sell their home due to her inability to work and their reduced income.

Continue reading "Rear-End Collision in Palm Beach County, Florida Dramatically Alters Lifestyle of Couple" »

More than 8,084 pedestrians were involved in auto accidents in 2004. Out of that number, 504 were killed and 7,551 were injured. And, these numbers are only increasing as each year passes.

In this auto accident case, the victim was a 74 year old grandmother taking a walk one beautiful Saturday morning in Boynton Beach, Florida. As she was passing by a McDonald’s, a bizarre accident occurred.

An 83 year old gentleman was pulling out on to Federal Highway from the McDonald’s driveway and making a right-hand turn with the flow of traffic. According to witnesses, this elderly driver pulled out in front of a pick-up truck traveling down Federal Highway. The pick-up truck hit the elderly man’s car on the left rear panel, spinning the car around 180 degrees, where it struck the median and then continued to accelerate in the opposite direction back toward the sidewalk, where the victim was walking. As the car was accelerating, it hit the sidewalk curb and ran over the victim, then flattened a “Do Not Enter” sign and some bushes, before dragging the victim over a grassy berm and back down the berm’s embankment back toward the McDonald’s building. Glass shattered and metal frames bent as the car crumbled the building’s door and window while literally crushing the victim.

The victim in this case had been married to her husband for 54 years at the time of this accident. Her husband had gone golfing this particular morning and when he returned, he was surprised that his wife had not yet returned from her morning walk. As time passed, he grew concerned and went first to the nearby McDonald’s where she sometimes stopped. The owner of the McDonald’s knew the couple and immediately sat the husband down and informed him what had happened to his wife and that she had been taken to nearby Delray Medical Center.

The victim’s husband was taken to the hospital by police, but his wife was already in surgery and he was informed that she could not be saved, as she had died approximately five hours after she had been crushed.

This auto accident was a case that involved the loss of a love relationship that had existed for decades - a loss so sudden and tragic that the details of it will never be erased from the minds of this victim’s family. This lovely lady was a wife, mother, grandmother and sister. She will be missed and grieved by her entire family.

Thankfully, Richard D. Schuler was able to settle this case with all defendants for the total amount of $1,837,500.00.

Even though there have been many programs instituted to raise awareness about DUI for years, thousands of people continue to die each year from DUI related car accidents and many, many more continue to suffer serious injuries caused by these accidents, such as: spinal cord injuries, brain injuries, and many other debilitating injuries which require months of recovery or cause permanent injuries.

Statistics show that in 2007, an estimated 12,998 people died in alcohol-impaired traffic crashes.

In February of 2007, this 43 year old mother of two children, ages 12 and 14, had just dropped her son off at school, was on her way to work, and had stopped her vehicle facing northbound on Military Trail in Palm Beach Gardens, when she was rear-ended at a high rate of speed by another vehicle. The force of this impact was severe enough that it pushed this victim’s vehicle into the vehicle immediately in front, and two more vehicles in front of that car were also involved.

It has been estimated that the driver of the vehicle that struck the rear of this victim’s automobile was traveling between 60 and 70 miles an hour at the time he struck her vehicle, and the tests performed on this driver proved that he was intoxicated. In fact, the force of this impact was so great that, even though the victim was wearing her seat belt, her head apparently struck the windshield and her seat had bent backwards in a reclining position.

As a result of this automobile accident, this victim was transported by ambulance to Palm Beach Gardens Medical Center and stabilized, and then transferred to the trauma unit at St. Mary’s Medical Center shortly thereafter.

Unfortunately, even though heroic efforts were made to save this victim through surgery, she remained in a coma from the time of the accident until her death in May of 2007.

Sadly, the children have lost the guidance and nurturing of their mother, and now the grandmother of these two children will be left with the responsibility of raising them on her own, while grieving herself for the daughter she has lost.

On December 11, 2008, Richard D. Schuler was successful in obtaining a $2,708,000.00 verdict in this case for these two children.