Boogie Board Injuries: Christopher Schwarzenegger Accident Should Bring Spotlight to Dangers of Boogie Board Serious Injury

The 13-year-old son of Arnold Schwarzenegger and Maria Schriver, Christopher Schwarzenegger, was released from the hospital last night after suffering serious injuries while boogie boarding near Malibu.

Life-threatening injuries from Boogie Board accident

Schwarzenegger was reported to have suffered multiple broken bones and a collapsed lung - and spent several days in the Intensive Care Unit - after he had a bad spill on his boogie board while boogieboarding, crashing head-first into an object on the beach.

Boogie Board Injuries Are Often Serious - Especially for Teens

Boogie boards are popular here in Miami, as well as on most Florida beaches, and elsewhere around the world where ocean waves beckon. However, boogie boards are also well-known among injury experts -- medical experts, legal experts -- as being dangerous, especially for teenagers. Consider the 2002 discussion by Australian medical researchers on the likelihood that children and adolescents who ride boogie boards are especially vulnerable to severe abdominal injuries.

What To Do If Boogie Board Accident Happens To Your Loved One

If your day at the beach takes an unexpected turn because of a boogieboard accident, then remember to remain calm, and get medical help for the victim as soon as possible. Call 911, and be aware of the possibility of multiple broken bones or injured internal organs before attempting any type of movement of the injured person. Ask for directives from the 911 operator on how best to help the victim until Emergency Medical Care arrives.

It is also important, from a legal perspective, to document the scene as soon as possible. Have someone take photographs of the boogie board (is it cracked?) as well as the state of the beach (is it littered with debris?) and the height of the waves. Take the names and contact information from those who witnessed what has just happened.

It may sound callous, but having the facts as soon as possible can mean all the difference when an insurance claim is filed and an adjuster begins questioning whether or not coverage is available, etc.

By Bryant Esquenazi on July 26, 2011 2:36 PM

Sports Injuries Can Be Serious, Even Deadly: Jury Awards $10 Million in Wrongful Death of Florida College Football Player UCF's Ereck Plancher

Last week, an Orlando Jury Awarded $10 Million to the Parents of a College Freshman Who Died During Football Practice at the University of Central Florida

Ereck Plancher was only 19 years old when he died during a football practice (he was a wide receiver) at the University of Central Florida and last week, the jury came back with a $10 million verdict in the wrongful death personal injury lawsuit filed by Mr. and Mrs. Plancher against the University of Central Florida Athletics Association. The jury, however, did not award any punitive damages.

It has been reported that the jurors did not award any punitive damages because there was insufficient evidence that the school's football coach withheld water from Plancher as well as keeping team trainers from the boy after he had collapsed in an off-season workout designed to build the players up before the actual football season begins.

The National Center for Sports Safety keeps statistics on American kids who are injured or killed during sporting events every year, and according to their site (sourcing to Safe Kids USA):

• Over 3,500,000 kids aged 14-18 are injured while playing sports each year with injuries that are serious enough to need professional medical treatment
• Almost a fourth (21%) of all traumatic brain injuries suffered by kids in the United States each year are the result of sport injuries
• Sixty-two percent (62%) of injuries sustained during organized sports happen during practices and not the official games, even though 33% of parents don't take practices as seriously as games and don't take the same safety precautions for practice.

The Orlando Sentinel reports that in the past decade, 19 college football players have died while participating in offseason conditioning drills.

Of course, the University will appeal the Plancher verdict, and it may be years before the family actually sees any money from this case. And if you find this cruel and heartless, you are not alone: CBS News Commentator Gregg Doyel has spoken for many when he has labeled the University, where the young man died under their watchful eye, shameless.

Lessons for Parents of Kids Playing School Sports From the Ereck Plancher Lawsuit

For parents in Florida and across the country, it's time to take heed of the jury verdict in the Ereck Plancher lawsuit and recognize that kids need protection during practices as well as games at any school sporting event. This doesn't just apply to football, and it doesn't just apply to college-level competition.

However, it's also important to recognize this country's organized sporting industry and the importance of sports to school districts as well as colleges and universities. There's money to be made, and profits to be protected.

Which means that if a child is tragically injured or killed when he or she is practicing a sport or playing a game, then the parents may have a long, hard fight to get justice: they, too, may face a "shameful" appeal.

It's always shocking when deep pocket defendants try and avoid responsibility for their actions because of monetary concerns, but it's especially true when children have been the victims. Something that personal injury lawyers, unfortunately, see happen all too often in this country today.

By Bryant Esquenazi on July 12, 2011 11:23 AM

Class Action Lawsuits Can Be Only Hope for Some Injury Victims, Now U.S. Supreme Court Slams Door on Easy Access to These Kinds of Shared Group Lawsuits, Congress Investigating

Class action lawsuits will be harder to pursue in the future, because the United States Supreme Court has issued two rulings making it much more difficult for plaintiffs to group together into one, big lawsuit and pursue justice against evildoing defendants.

This is not good news for injury victims and their families in Florida or elsewhere in the United States.

Think Erin Brockovich without the ability to get all those folk together into one big lawsuit - the real Pacific Gas & Electric (PG&E) class action made the basis of that Julia Roberts movie may be the most well-known class action lawsuit among Floridians today.

Class action lawsuits allow a number of injured plaintiffs to group together into one big, fat lawsuit (the group is called a "class") and pool their efforts in pursuing justice. Usually, these class action lawsuits are against huge, rich, powerful corporations, like auto makers or drug manufacturers.

The two cases are Wal-Mart v. Dukes and AT&T v. Concepcion and many people are arguing that this is all politics -- that the conservative majority on the High Court have made life easier for Big Pharma and other big corporate defendants in the future.

Congress is Investigating What the Supreme Court Has Done to Average Joe Plaintiffs

In fact, Senate Judiciary Committee chairman Patrick Leahy (D-Vt.) has already begun investigating the impact of these rulings with a hearing on June 29, 2011, where the SJC began gathering witness testimony and evidence on these two cases and how their negative impact on class action lawsuits is really barring access of citizens to the courts to address and right bad behavior by huge, powerful corporations.

The Legislative Branch does have the ability to pass laws that could bring protections back to American Plaintiffs that have been hurt by these two opinions. Hopefully, justice will prevail -- but for now, the Supreme Court has curtailed the ability of plaintiffs to sue as a group, and this is good news only for big business defendants.

By Bryant Esquenazi on July 7, 2011 1:48 PM

Flo Rida Charged With DUI in Miami Beach While Driving $1.7 Million Bugati: How DUI Charges Can Impact Personal Injury Claims

You may know him as the guy with the hit song "Low" but Miami knows Tramar Dillard as Flo Rida (get it, Florida?) and when Flo Rida was arrested before sunrise this morning here in Miami Beach for suspicion of driving under the influence, he was just one more celebrity partying on vacation here in South Florida that may have had one too many.

Celebrities like Miami, Miami likes celebrities. Around here, we're not too surprised that Flo Rida may have been tipsy at 3:30 am -- but that ride is causing some talk. Seems that Mr. Dillard was driving a $1,700,000 car when he was pulled over: a red and black Bugatti.

According to police reports, Flo Rida was found to have a blood alcohol content that was twice the legal limit, and he failed a field sobriety test to boot. Now, that's all criminal stuff, right? Nothing to do with personal injury lawsuits, right?

In Flo Rida's case, right. Thankfully neither Mr. Dillard nor his very, very nice car were injured in any way - nor was anyone else (or anything else).

However, there's a lesson to be learned here. Driving drunk - and things like BAC levels -- can be used in personal injury lawsuits that involve major damages for wrongful death, severe injury, car crashes, pedestrian accidents, and the like to help prove the element of CAUSE.

In an accident case, the plaintiff must prove four basic things: duty, breach, cause, harm. A car driver has a duty to drive in accordance with state law, and if he violates the law then he is in breach of that duty. Driving under the influence proven in a criminal court is easy evidence here: just put the authenticated criminal records into evidence in the injury case.

Next comes cause - did that breach cause the plaintiff's harm? An accident while the driver has a BAC above the legal limit helps to establish the cause of the injury - and it's evidence that's been compiled by law enforcement, easy for a plaintiff's attorney to get and use in the civil suit.

No, Flo Rida isn't involved here in any injury suit. However, his arrest today does give us pause - or it should. Things could have been very bad this morning and we could be worried about Flo Rida today just like we are about Sean Kingston. And that Bugatti is pristine today just like it was yesterday, thankfully.

Duty, breach, cause, harm. The other side of driving under the influence - it's good to know.

By Bryant Esquenazi on June 9, 2011 1:55 PM

This is National Hurricane Preparedness Week: We Get More Warning Than Joplin Could, Miami, Let's Take Heed and Avoid Serious Injury and Death

Right now, in the midst of National Hurricane Preparedness Week, Miami joins the rest of America in watching the continuing massive destruction that the recent wave of huge thunderstorms and powerful tornadoes has caused throughout the Midwest.

According to the National Oceanic and Atmospheric Administration, the United States tornado death toll in 2011 is the highest ever through the month of May in the NOAA-NWS official record (1950-present).

Here in South Florida, we understand what it means to folk in Joplin, Missouri, and other hard hit areas: hurricanes and tornadoes are different, but the horrors they leave behind are the same.

The Joplin tornado exceed 200 mph and destroyed 30% of the town. You can watch the Associated Press video of the storm and its damage here. Right now, there are 232 names on the Joplin Missing List.

June 1st is the Start of Hurricane Season

Next week, the 2011 Hurricane Season begins. NOAA is predicting that we are going to have a higher than number of hurricanes in the Atlantic Ocean this year. NOAA is predicting the following:

* 12 to 18 named storms (winds of 39 mph or higher), of which:

* 6 to 10 could become hurricanes (winds of 74 mph or higher), including:

* 3 to 6 major hurricanes (Category 3, 4 or 5; winds of 111 mph or higher)

Getting Ready Now for a Bad Hurricane Coming

Last year, on the eve of Hurricane Season we posted steps everyone should take to make sure they have adequate insurance protection on their homes, cars, boats, RVs, motorcycles, and themselves long before the weathercasters start predicting landfall of a storm.

To read that list of tasks you should undertake now, read our post "Hurricane Earl and Miami: Tips for Preparing Now 4 Hurricane Storm Damage Insurance Claims."

Hopefully, South Florida will escape the horrors that Joplin, Missouri, is dealing with today. However, it is best to be prepared for a huge hurricane: we're in the high risk area, after all.

Luckily, there are several sources of information online that you and your family should review now. They are both downloadable documents and short videos to watch, prepared by the National Hurricane Center as part of National Hurricane Preparedness Week.

Go check this stuff out -- it's easy stuff, and we need to be ready now. Unlike the tornado sweeping down on an unexpected Joplin, we're getting advance notice of the Big Storm Coming.

By Bryant Esquenazi on May 26, 2011 3:21 PM

Casey Anthony Opening Statements Today - Florida Example of How Trials Really Work, B4 You Get There

Casey Anthony's trial began today and in her attorney's opening statement, revelations were given to us all about how her daughter Caylee Anthony died, including allegations that her father George Anthony was involved in covering-up the drowning death of the toddler.

It's being called the biggest trial since O.J. Simpson and most of the news media, national and local, is covering this story. Nancy Grace has her show dedicated to this trial nightly.

You can watch the live feed of the Casey Anthony trial here.

True enough, this is a criminal trial. Personal injury cases have civil trials. Civil procedure and criminal procedure is different.

What Personal Injury Claimants and Plaintiffs Can Learn By Watching the Casey Anthony Trial

Nevertheless, anyone considering filing a personal injury case can learn a lot by watching this trial about what it means to be a plaintiff in a courtroom, fighting for justice when they or a loved one has been seriously injured or suffered a wrongful death.

In a Florida civil trial, just like a Florida criminal trial like the Casey Anthony trial going on now in Orlando, you will have the following:

The Judge
Sitting in robes above the rest of the participants, and able to see everything that's going on, the judge has the job of making sure that proper trial procedure is followed and that the law is followed: when necessary, the judge will make decisions on points of law.

The Jury
Civil plaintiffs must ask for a jury (and pay a jury fee); in criminal cases, they are mandatory unless the defendant waives the jury (and then the judge decides the case). In major cases, there are 12 jurors. In cases with smaller amounts in controversy, there may be less than twelve.

The judge decides what is legally admitted as evidence. The jury decides the facts based on the law given to them (in jury instructions) and the jury makes the final decision (verdict).

The Parties

In a personal injury case, the one who files the suit is the "plaintiff," and the one who is sued is the "defendant." The defendant learns of the lawsuit in pre-suit negotiations, usually; however, some defendants first learn of the lawsuit when they are served with notice of the complaint being filed.

The Evidence

Witnesses give testimony on the stand or via deposition. Witnesses also "prove up" documents that serve as evidence. This can take days or weeks.

The Record

A court reporter is responsible for keeping track of all that happens in the trial: recording all the words spoken and all the exhibits entered as evidence. The record will be the transcript of what the witnesses said in words and the documents that were admitted into evidence. This is what the appellate court reviews if an appeal is filed: the record that the court reporter has accumulated, sealed, and sent to the appeals court.

The Trial
Jury is selected

1. A panel of potential jurors is pulled from the jury room and they are brought to the courtroom. Attorneys for both sides question them, and the judge will sometimes ask questions, too. The goal is to get 12 unbiased people to serve on the jury, along with a couple of alternates.

2. Opening Statements

Lead attorneys for both sides make opening statements. Here, the lawyers give the jury an outline of what they will prove in the evidence. The Plaintiff's attorney gets to speak first at trial, before the defendant's attorney summarizes their defense.

3. Evidence is Given By Both Sides

Witnesses are called. The lawyer that calls the witness asks questions in "direct examination" and the opposition asks his/hers in "cross examination." Documents are presented as evidence as witnesses testify, unless the parties have argued documentary evidence already with the judge in a pre-trial motion.

4. Case Closes

After both sides are finished (they "rest"), then the attorneys give "closing arguments" to the jury.  Each side analyzes the evidence that has been presented during the trial, and argues how it fulfills his position. The Plaintiff will have the chance to rebut the defense's closing argument (and in a criminal case, the prosecution will offer a rebuttal)
5 Jury Decides

After the closing arguments, the judge will instruct the jury - and they will get written instructions that relate what the judge has said. They jury will then be escorted to the jury room to meet and decide. In some cases, they will be sequestered, and forced to stay in hotel rooms and away from their personal lives until they've reached a verdict.

6. Verdict is Issued

Once the jury decides, then the attorneys are contacted and everyone is asked to return to the courthouse to hear the verdict read to them.

By Bryant Esquenazi on May 24, 2011 1:38 PM

Two Horrible Motorcycle Accidents in Miami Area Remind South Florida of the Dangers in Riding Motorcycles Here

Motorcycles are fun and freeing - and the weather here in South Florida invites all sorts of people to drive our roadways on their motorcycle - be it a rice chopper, a cruiser, whatever.

It's adventurous. It's romantic. It's downright American.

However, in two separate news stories this week, both involving motorcycle accidents, people were seriously injured and killed while peacefully riding along on their bikes.

These tragedies remind all of us how serious these types of crashes can be. Even when -- especially when -- the biker is doing absolutely nothing wrong.

1. Pembroke Park, biker hit from behind by SUV - serious injuries

In Hollywood, Florida, bike enthusiast Ytzhak Hartzy was hit from behind on I95 near Pembroke Road (in the park) by a hit-and-run driver driving a black Kia SUV early Sunday morning. Last we knew he remained in critical condition at Memorial Regional Hospital.

The Florida Highway Patrol Sergeant is investigating - but they know the driver's identity (and they've arrested him) thanks to witness John Roxey, who saw Hartzy get hit, fly into the air, and roll down the roadway several hundred feet. Roxey and a pal followed the hit-and-run driver and held him until the cops arrived.

(Now, there's a great witness for trial, right?)

2. Lakeland, two died as motorcycle tries to avoid car pulling out of driveway

In Lakeland, Michael Mitts and his passenger, Laura Nalley, were riding a motorcycle down North Chestnut Road on Monday evening (about 7:30 p.m. according to the Florida Highway Patrol), when a driver started backing out of his driveway oblivious to the bike coming down the road.

Mitts hit the brakes. Both Mitts and Nalley were thrown from the bike; the bike crashed into the car. Both were pronounced dead at the crash scene.

Florida Law and Motorcycle Crashes - Personal Injuries and Wrongful Death in Motorcycle Accidents

In Florida, the law requires that anyone driving a motorcycle on Florida roads know what they are doing: you must have special knowledge and the state gives you a special license to drive a two-wheel motor vehicle. Florida also requires helmets.

However, even the most experienced rider - wearing leathers, obeying the law with that helmet - is vulnerable to the cage drivers out there.

Like these two examples. In both these motorcycle crashes, there doesn't appear to be any question that the motorcycle drivers were not at fault here.

Whether or not criminal cases will proceed against the car (or SUV) drivers in these terrible wrecks, the truth is that Florida personal injury law provides some level of justice in the form of a civil lawsuit.

Under the law of negligence here in Florida, damages in the form of wrongful death, pain and suffering, lost wages, medical care, etc. can be obtained through a personal injury lawsuit.

What's involved in a Florida motorcycle accident negligence lawsuit?

Under Florida law, when someone causes personal injury to another due to their negligent acts, then they are legally responsible for all the harm that results from what they've done.

The personal injury lawsuit must prove that:

1. There was a duty of care owed to the person injured (the one on the motorcycle) in this circumstance -- which is clear from the laws covering driving on Florida's roads;
2. For some reason (driving drunk? distracted driving?), the defendant failed to meet his or her duty of care to the guy on the bike; and
3. As a result, the plaintiff (e.g., the motorcycle driver or passenger) was injured or killed.

By Bryant Esquenazi on May 17, 2011 1:37 PM

Charlie Sheen Isn't Stupid: An Example of How Lawsuits Are Built

Tonight, Charlie Sheen will appear on ABC for a lengthy interview on its 20-20 show - though if you've been following the news, you've probably already heard Mr. Sheen's loud and long protests against the cancellation of his CBS comedy, Two and a Half Men.

If you think that Charlie Sheen is a nut for roaming around and pontificating to Piers Morgan (CNN), Howard Stern, the crew at Good Morning America, TMZ.com, - well, the list goes on and on (the Washington Post calls this his "media storm") -- then you'd be wrong. Wrong.

Because while some may think that Sheen is crazy, he may well be crazy like a fox. Why? From a legal perspective, Charlie Sheen is doing a fine job of getting positioned for a big, fat lawsuit where millions (if not billions) will be on the line.

Lawsuits are Strategically Built, They Don't Spring Up Fully Formed

All lawsuits arise from a formal pleading (the petition or complaint) being filed down at the courthouse with the appropriate clerk, the original being placed in the public record and then copies being given to those who have been sued through a procedure called "service of process." However, that lawsuit didn't just start that day or that week.

Lawsuits are prepared and planned and built for weeks or months before that filing occurs. Facts are gathered, legal research is done. Evidence is made ready through the gathering of documents and the accumulation of witness statements.

You get ready for the fight in an aggressive, thorough manner. The claims that appear in that first filing are supported by lots of hard work and shrewd planning.

All plaintiffs work with their attorneys in this process. They gather evidence. They position themselves for the fight. They are an integral part of the team. And, if they're wise, they work with the potential defendants in an attempt to negotiate a resolution of the controversy before the legal war in the courtroom begins.

Which is exactly what Charlie Sheen is doing. Consider these things that we know and what they may well mean:

1. Charlie Sheen is represented by the Los Angeles law firm of Lavely & Singer - and Radar Online has published a letter that Sheen's lawyers have sent to Warner Brothers and CBS warning that Sheen has legal claims - that Sheen considers himself to be legally wronged.

Translate this to: Sheen's lawyers have given legal notice that a lawsuit - based on contractual damages as well as personal injury - may be forthcoming. Sheen's pondering and perhaps planning litigation - here's his formal notice to the parties he's considering suing. He's letting them know he has legal representation and they are letting the potential defendants know what these legal claims are.

2. Charlie Sheen is doing things now to counter any defense that might be asserted by these defendants. He's doing drug tests in front of the media - blood, urine - and coming out clean.

Translate this to: evidence that Steen is not operating under the influence through lab tests taken before witnesses who can testify that the tests were not fixed. Evidence here, not some stunt.

3. Charlie Sheen is ready to work. Sheen has repeatedly announced he's ready to continue with his TV show duties - even going so far as telling anyone who will listen that he would be showing up for work.

Translate this to: Sheen is letting everyone knows he's ready to continue with his contractual duties. He's not breaching here.

4. Charlie Sheen is actively seeking other projects. Movies, talk shows, etc. These don't seem to be panning out according to media reports.

Translate this to: Sheen is investigating whether or not he has been harmed by the things that have been said about him - has he been professionally injured, has he been legally defamed?

Say what you want about Charlie Sheen. Hate his show, or like it. Disapprove of his lifestyle or revere him as the new Hugh Hefner -- bottom line, Sheen is exemplifying an involved plaintiff preparing for a legal war and there are lessons to learn here.

By Bryant Esquenazi on March 1, 2011 1:32 PM

Lindsay Lohan Forced into Legal Guardianship? How The Law Can Take Away Your Freedom to Run Your Own Life

Radar Online had the scoop, and as of this post there were a growing number of online news sources carrying the story that Lindsay Lohan may soon face an attempt by her mother, Dina Lohan, to have the courts place LiLo under a legal guardianship.

The Precedent of Britney Spears

Yes, this would be similar to the actions taken by Britney Spears' family where the judge placed Britney Spears' dad (Jamie Spears) as the decision-maker over Britany Spears' life. Jamie Spears was given the power to make decisions regarding Britney's person and her property in 2007, and three years later, he's still in charge.

How Could This Happen to Lindsay Lohan?

Right now, Lindsay Lohan is in the criminal system. She's out on $300,000 bail, and scheduled to return for another hearing in her criminal case on October 22nd. Lindsay Lohan is on probation, subject to random drug tests and under the supervision of a probation officer.

Lindsay Lohan, at 24 years old, is a legal adult. So far, Lindsay may be building a collection of Los Angeles county mugshots, but she's not in the civil system.

However, and this is where the rumors are flying, a new action could be filed where someone -- her mother, her father, someone else -- could ask a civil court to appoint an as-yet-unnamed person, but probably a third party, to step in and take over LiLo's life.

Civil Action Requesting Court Appointment

The request would be that this individual become Lindsay Lohan's legal guardian, legally replacing her as the one to make choices over her personal life and her property decisions. It's assumed that the request would not be for either parent to take on this role, unlike Britney's case, since Lindsay Lohan's parents are both rumored to be contributing factors to her current situation.

This action would be filed pursaunt to the California Welfare and Institute Code for Mental Disorders and Chronic Alcoholism. Under that state law, if an adult is found to be unfit or unable to take care of themselves, after the appropriate psychological evaluations and case investigations, then another adult is appointed to take over.

Radar Online is already suggesting that this is going to happen, and Lindsay Lohan's life will soon be ruled by her business manager, Lou Taylor.

The Law Does Allow for Adults to Lose the Power to Run Their Own Lives - It Can Happen in Florida, Too

You grow up, you become a legal adult. You can buy a beer. You can drive a car. You can buy a gun. You can go to war, get married, get divorced, buy a house. You're free, right?

Not always. Every state in the union has the same sort of laws on the books that Lindsay Lohan may face in California. And they are used a lot more often that you may realize.

Conservators and Guardians - Available In Every State

For example, Florida personal injury cases often see these laws come into play when someone is seriously injured. Perhaps it's a short term situation -- a car accident victim is in a short-term drug-induced coma followed by rehab, and a conservator is needed to make business decisions.

Sometimes, it's permanent -- a traumatic brain injury during a sporting event means a teenager will need to have someone else acting on his or her behalf for the rest of their lives, because they are mentally unable to make their own care decisions.

In some areas, they are called "conservators," and in other parts of the country, they are given the title of "guardian." Sometimes, they have power over the person and the property; other times, the power is only over one or the other (and occasionally, two people will be appointed, one to handle personal decisions and the other to handle the accounting).

Whatever the situation, you should know: your freedom to live your own life under the law is not absolute. As Lindsay Lohan may be learning from experience sometime before Christmas this year.

By Bryant Esquenazi on September 28, 2010 11:37 AM