Schwartz Zweben LLP
A National Accident & Personal Injury Law Firm

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305-508-7067 / 954-966-2483
800-989-2889

PROVEN SUCCESS WITH PERSONAL INJURY AND ACCIDENT CASES IN FLORIDA

As representatives of a national accident and personal injury law firm headquartered in Florida, the personal injury lawyers and accident attorneys of Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com have firsthand knowledge of the Florida legal system, as well as proven success in trying personal injury, accident, or wrongful death lawsuits in the state.

Our expert Florida accident attorneys understand the key regulations and statutes that influence the occurrence, and ultimately the outcome, of personal injury lawsuits in Florida and can help you get the professional legal advice and representation you need to negotiate a just verdict or favorable settlement here. Schwartz Zweben's Florida personal injury lawyers represent plaintiffs in all kinds of personal injury and wrongful death actions, including but not limited to auto accidents, truck accidents, motorcycle accidents, slip and falls, and workers compensation. Two additional areas of specialized expertise for our Florida injury lawyers are:

Nursing Home Abuse in Florida
Florida Cruise Ship Accidents

The Florida personal injury attorneys of Schwartz Zweben serve a wide range of clients through our primary and affiliated offices in these and other cities and counties:

Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com also offer an easy-to-use, efficient means of obtaining legal advice, personal injury information, and representation from qualified Florida personal injury attorneys and accident lawyers. Simply submit the convenient form on this page to request a free, confidential evaluation of your case at no obligation, and get sound information about your legal options for pursuing personal injury damages.

If you decide to proceed, we can provide access to the services of the very best personal injury attorney or accident lawyer in Florida for your needs. You will receive skilled, assertive, effective representation from a Florida personal injury lawyer who has direct experience with your type of personal injury or accident claim, a proven record of obtaining full and fair compensation for damages, and access to all the critical resources and experts needed to win your case.

As representatives of a national accident and personal injury law firm located in Florida, the personal injury lawyers and accident attorneys of Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com have firsthand knowledge of the various state statutes unique to Florida, as well as proven success in trying personal injury, accident, or wrongful death lawsuits in the state. They understand the key demographics that influence the occurrence, and ultimately the outcome, of personal injury lawsuits in Florida and can help you get the professional legal advice and representation you need to negotiate a just verdict or favorable settlement here. Areas of expertise include:

Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com also offer an easy-to-use, efficient means of obtaining legal advice, personal injury information, and representation from qualified Florida personal injury attorneys and accident lawyers. The personal injury lawyers of Schwartz Zweben and its affiliate offices serve the entire state of Florida, representing plaintiffs in all types of personal injury and wrongful death actions from Huntsville to Mobile, from Tuscaloosa to Montgomery. Among the practice areas in which our personal injury attorneys specialize are:

• Asbestos and Mesothelioma
• Boating Accidents
• Brain Injury and Brain Damage
• Car Accidents
• Amusement Park Injuries
• Medical Malpractice
• Nursing Home Abuse and Neglect
• Slip and Falls
• Cruise Ship Accidents
• Workers Compensation

We can give you a free, confidential evaluation of your case at no obligation, as well as sound information about your legal options for pursuing personal injury damages. If you decide to proceed, we can provide access to the services of the very best personal injury attorney or accident lawyer in Florida for your needs. You will receive skilled, assertive, effective representation from a Florida personal injury lawyer who has direct experience with your type of personal injury or accident claim, a proven record of obtaining full and fair compensation for damages, and access to all the critical resources and experts needed to win your case. Contact us today for a free review and evaluation of your case.

TRAFFIC ACCIDENTS INVOLVING THE ELDERLY IN FLORIDA

Florida's population is significantly older than the national average, with Florida ranking second in the nation for people 85 years of age and older. That means more elderly drivers are likely to be behind the wheel and involved in car accidents in the state of Florida.

According to the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), there are approximately 15.6 million licensed drivers in Florida. Almost 600, 000 of those Florida drivers are over the age of 80, and the Florida DHSMV estimates that at least 20 percent of those aged 85+ are "dementia drivers" with mild to moderate conditions.

Research data shows that crash rates for drivers with dementia and other cognitive impairments are twice as high as for normal older adults. Studies also indicate that drivers aged 80 to 89 years old are most likely to be at fault in collisions compared to all other cohorts of drivers--twice as likely, in fact, than the accident-prone 16- to 19-year-old age group, who have the highest incidence of fatal crashes per mile driven. Crash fatalities for drivers in Florida who are 75 or older are relatively high compared to other age groups, accounting for more than 15 percent of drivers killed.

At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the Florida lawyers who specialize in car accident litigation have extensive experience handling personal injury and wrongful death actions resulting from traffic accidents involving elderly drivers. They understand how age-related factors such as Alzheimer's disease, the effects of medication, mobility problems, and impaired eyesight affect driving skills and can apply this knowledge and experience to helping you obtain full, fair compensation should you or a loved one be the victim of a vehicle accident caused by an elderly driver--or any other driver--in Florida. Contact us today for a free review and evaluation of your Florida motor vehicle accident case.

NURSING HOME ABUSE IN FLORIDA

With its high proportion of aged citizens, Florida has more than 70,000 nursing home residents. Unfortunately, according to Statehealthfacts.org, a project of the Henry J. Kaiser Family Foundation, 97 percent of the Florida nursing homes where these people reside have received deficiencies for problems that can result in a negative impact on the health and safety of residents. More than eight percent have received deficiencies for "actual harm" or "immediate jeopardy." The Centers for Medicare and Medicaid Services define "actual harm" as a "deficiency that results in a negative outcome that has negatively affected the resident's ability to achieve the individual's highest functional status. "Immediate jeopardy" is defined as a deficiency that "has caused (or is likely to cause) serious injury, harm, impairment, or death to a resident receiving care in the nursing home."

These issues are not unique to Florida, but mirror larger nationwide trends. Recent studies show that about one third of nursing homes and other long-term care facilities in the country have been cited for instances of nursing home abuse and that 44 percent of nursing home residents have suffered some form of abuse.

The good news is, however, that nursing home abuse settlements are on the rise. Nursing home abuse settlements are reached when victims of nursing home abuse, or their families, file a nursing home abuse lawsuit to recover damages sustained due to such common problems as untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene.

At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the Florida lawyers who specialize in the litigation, arbitration, and negotiation of nursing home abuse cases in Florida have extensive experience in dealing with the state's unique problems and nursing home abuse statutes. They understand how to hold negligent facilities and staff members financially accountable for victimizing the elderly and how to help you obtain full, fair compensation should you or a loved one be the victim of nursing home abuse in Florida. Contact us today for a free review and evaluation of your Florida nursing home abuse case.

FLORIDA CRUISE SHIP INJURIES AND ACCIDENTS

Currently, there are 326 official ports in the United States. Several of the most popular ports of call are located in the state of Florida: Port Canaveral, Port Everglades (Ft. Lauderdale), Port of Miami, and Port of Tampa. It is estimated that more than 4.5 million cruise passengers, or about 45 percent of the entire worldwide cruise industry's passengers, pass through Florida ports terminals each year.

Port Canaveral, which is located near Walt Disney World, Universal Studios, and Sea World, is the second busiest port in the world. Port Everglades is the third-busiest, with 3 million passengers passing through its 11 cruise terminals each year. Carnival Cruise Lines, Celebrity Cruises, Costa Cruises, Crystal Cruises, Cunard Cruise Line, Holland America Line, Imperial Majesty, Mediterranean Shipping, Orient, Princess Cruises, Radisson Seven Seas, Regal, Royal Caribbean International, Royal Olympic, Seabourn Cruises, Silversea Cruises, and Windstar Cruises all call Port Everglades home. It also houses several daily cruise operators including: Sea Escape Cruises and Discovery Cruises.

Miami, which welcomes roughly 10 million visitors per year, has daily sailings from the Port of Miami through Carnival Cruises, Norwegian Cruise Line, and Royal Caribbean International. The Port of Tampa's ships and cruise lines include: Holland America Lines (MS Ryndam), Holland America Lines (MS Veendam), Carnival Cruise Lines (Inspiration), Crystal Cruises (Crystal Symphony) and Royal Caribbean International (Grandeur of the Seas). Many of the large cruise ships calling at Florida ports are owned and operated by foreign corporations and sail under foreign flags.

Obviously, the amount of revenue generated by the cruise industry is enormous. With these profits, however, comes a responsibility to provide a safe environment and experience for cruise passengers. Unfortunately, there are times when a cruise line is negligent and passengers sustain serious injuries--or even die-- while on a cruise or a cruise-related excursion. Onboard accidents include slip and fall accidents, swimming pool accidents, falling overboard, food poisoning from cruise-ship food service, injuries or illnesses caused by unsanitary conditions, physical or sexual assault, weather-related accidents and injuries, passenger or crew negligence, and injuries caused by defective products, premises hazards, or crew error. Passengers also are at risk for many of these same types of accidents and injuries during shore excursions exploring ports of call and day trips.

A passenger on a cruise ship who sustains an injury may be able to recover medical expenses, lost wages, pain and suffering, and other damages. If a passenger dies while on board a cruise line or during a day-trip, a wrongful death claim may be filed. However, when a fatal accident occurs more than three nautical miles from a U.S. shore, including in waters of foreign countries, the Death on the High Seas Act (DOHSA) applies. Different laws apply to someone who has died while out at sea.

Cruise ship accidents and injuries, whether they happen onboard the ship or during a cruise-related shore excursion, can be extremely complicated matters to resolve, involving multiple and international jurisdictions, complex liability issues, and unique legal implications. A considerable portion of the general maritime law applies to cruise ship matters, but there also are special laws and personal-injury claims regulations that apply just to cruise ships.

Nearly every cruise line operates vessels registered in a foreign country, as well. In a personal injury or cruise ship accident claim, the laws of the country of registration and international treaties also could be directly applicable to the case--which has the potential to work in favor of or against the claimant.

For example, a "forum selection clause" in the contract can allow cruise lines to designate a particular jurisdiction for any litigation brought by passengers. Most lawsuits relating to cruise liners departing from Florida must be filed in Florida. Specific information about where to file the lawsuit, as well as the statute of limitations that applies to when to a cruise ship accident claim must be filed, can be found on the back of the cruise ship ticket. Most tickets contain a provision that the holder has one year in which to file a lawsuit. In Florida, negligence claims may be brought within four years; however, the courts have held that Florida's statute of limitation does not apply to passenger injury claims.

The language on the cruise ticket must notify the passenger that the terms printed elsewhere on the ticket form a binding contract that has an effect on legal rights. However, a cruise passenger's failure or inability to read the ticket does not void any contractual limitation contained in the ticket. Many cruise tickets request that the passenger sign the ticket, but a signature is not necessary for the contract to be binding. Acceptance and use of the ticket by the passenger is all that is needed to imply assent, rendering the provisions of the contract fully enforceable.

Given the complexity of the maritime legal issues involved in cruise ship accidents and injuries, hiring a skilled maritime lawyer to investigate, litigate, negotiate, and resolve cruise ship accident claims is especially critical. At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the Florida admiralty attorneys and maritime lawyers who specialize in the litigation, arbitration, and negotiation of cruise ship injury cases have extensive experience litigating admiralty and maritime cases and have handled numerous lawsuits against the owners and operators of cruise lines, tour companies, and cruise-company-run shore excursions--both foreign and domestic. They know how to handle the multi-national legal situations and choice-of-law issues that can be critical in reaching a favorable settlement and full compensation for a cruise ship injury. Contact us today for a free review and evaluation of your Florida nursing home abuse case.

 

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