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What is a Spinal Cord Injury?

Whether a spinal cord injury results from a car accident, fall or other cause, the impact on the lives of spinal injury victims and families can be devastating, and can also mean a lifetime of medical costs. A spinal cord injury consists of damage to the spinal cord that results in full or partial loss of motor control or sensation. The spinal cord is responsible for a wide range of bodily functions, therefore these injuries can leave victims paralyzed in the lower parts of their body or in all four limbs, as well as suffering from a broad range of permanent health issues.

Causes of Spinal Cord Injuries?

Typically, spinal cord injury is the result of a traumatic injury. According to the National Spinal Cord Injury Statistical Center, common causes of spinal cord injury are:

• motor vehicle accidents (42.1%)
• falls (26.7%)
• violent acts, ex: gunshot wounds (15.1%) and
• recreational sports activities (7.6%)

Spinal cord injuries can also be caused by risky surgical procedures involving the back and neck. In cases in which the injury could have been avoided, the error may rise to the level of medical malpractice.

Lawsuits

In cases in which a spinal cord injury is based on negligence, such as an automobile accident or slip and fall, you will need to prove that the party being sued is legally responsible, or at fault for your injuries. If a spinal injury was caused by a defective or dangerous product, such as a faulty seat belt or airbag, one may be entitled to compensation from the companies that designed, manufactured and sold the product.If you or a family member have been in an accident and suffered spinal cord injury, you may be able to file a lawsuit and receive compensation for your injuries and losses. Call a Fort Lauderdale personal injury attorney at Darfoor Law Firm at 1-833-DARFOOR for a free consultation.What kind of trauma have you faced as a result of an accident that left you with spinal cord injury? Please leave a comment on our Facebook page. We look forward to receiving your feedback.

Medical products and devices save lives every day in addition to helping prevent sickness and disease. However, they also pose serious risk to patients. Technological advances have made medical devices exceptionally sophisticated, but have placed patients at risk for new injuries. Many people have used a medical device in order to better their health, only to suffer injuries from that same device. The Food and Drug Administration (FDA) defines a medical device as “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is:

1. recognized in the official National Formulary, or the U.S Pharmacopoeia, or any supplement to them,
2. intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or
3. intended to affect the structure or any function of the body of man or other animals, and which does not achieve its primary intended purposed through chemical action within or on the body of man or other animals.

Dangerous or defective medical devices , such as faulty surgical instruments, implants, pacemakers, and prosthetics can give rise to a product liability claim if a person who undergoes surgery or uses a medical device is injured or dies as a result. Although closely monitored by the FDA, a product can be defective in its design, manufacturing process, or marketing strategy. Medical device manufacturers are expected to produce products that function both properly and effectively. When this expectation is breached, the patient has the right to recover for any injuries that resulted from use of the product.

If you or someone you know has been injured by a defective medical device, you may be entitled to recover for any medical expenses, lost and future wages, pain and suffering and scarring or disfigurement caused by the defective device, in addition to punitive damages. Call your Broward personal injury attorneys at Darfoor Law Firm at 1-833-DARFOOR to review your product liability claim and options.

If you have had an experience with defective medical devices and would like to share, please leave a comment on our Twitter page. We appreciate your feedback.

One of the reasons why people are not keen on acquiring insurance for their vehicle is due to the rising Florida auto insurance rates. Broward and Palm Beach drivers pay about $1,705 per driver on average, which is 38% higher than the national average. This makes auto insurance premiums in Florida the fifth most expensive within the USA. Florida’s traffic density, as well as its urban population, is what contributes to high auto insurance premiums. Due to fast moving city highways and faster cars in and around the state of Florida, there are far more accidents than usual.

Other factors that contribute to expensive insurance premiums are related to the amount of accidents that take place in Florida. The combination of aggressive speeding driver, texting drivers, drunk drivers and older drivers, who typically drive at a much slower speed, account for a good portion of accidents. In addition to these drivers, there are many tourists and foreigners in Florida who are not familiar with the area and the density of traffic. All these variables contribute to the higher accident rate; and subsequently a higher auto insurance rate. Other reasons for higher premiums can be attributed to the number of drivers that drive unsafe vehicles, and/or are uninsured.

Another challenge that auto insurance companies are facing is staged automobile accidents. Organized groups stage automobile accidents and submit fraudulent claims. According to the National Insurance Crime Bureau (NICB), Florida accounts for 27% of all accidents that are staged in the U.S. West Palm Beach, Miami, Orlando, Hialeah and Tampa rank among the top ten cities facing auto insurance losses. In return, Florida drivers pay the price when it comes time to purchase insurance.

If you have been injured in an automobile accident in South Florida and would like to know your rights, contact Darfoor Law Firm at 1-833-DARFOOR to speak with our experienced personal injury lawyers.

If you are a Florida driver, have you noticed changes to your premium, by way of more expensive insurance premiums? Please leave a comment on our Instagram page. We look forward to receiving your feedback.

Many people rely on medical practitioners to diagnose them properly when they suspect that there is something wrong, as well as providing the medical care and attention typical of such a diagnosis. Unfortunately, doctors are not always accurate and misdiagnoses do occur. A misdiagnosis can mean the difference between getting better or progressively getting worse, or in some cases, life or death. Negligence may cause doctors to take incorrect decisions, leading to devastating results. Under Florida law, if someone is harmed due to negligence in a case of misdiagnosis or delayed diagnosis by a doctor or medical professional, that person has a claim against the medical provider involved and can sue for damages.

In order to have a medical malpractice claim under Florida law, for misdiagnosis, you must prove the following:

1. A doctor-patient relationship existed;
2. The doctor was negligent, and that he or she failed to provide treatment in a reasonable and/or skillful manner; and
3. The doctor’s negligence/misdiagnosis resulted in actual injury

Proving that a doctor was negligent in their care for you can be difficult. A misdiagnosis is not enough to prove negligence, as doctors are human beings and naturally make mistakes. Even the most skilled doctors can make diagnostic errors. To prove that your misdiagnosis was the result of negligence, you must prove that the doctor failed to act competently, and that the care offered to you was below the general standard of medical care, which can be done by evaluating what the doctor did/did not do to decide your diagnosis.

Further, to prove medial malpractice, the opinion of another expert medical professional may be required. If it appears that other doctors could have diagnosed the same illness, under the same conditions, by using the correct diagnostic techniques, but your doctor failed to do so, due to negligence, then your doctor can be held liable for the damage caused in a medical malpractice claim.

At Darfoor Law Firm, we assist patients in recovering compensation for losses that were a result of medical malpractice. If you believe that your misdiagnosis lead to medical complications, call 1-833-DARFOOR for a free consultation.

To learn more about medical malpractice and the necessary actions following a misdiagnosis, or if you have any questions or comments, follow our Instagram page.

Dram shop laws are defined by NOLO as “state statutes that impose liability on sellers of alcoholic beverages for the negligent acts of their intoxicated customers.” These laws impose liability on drinking establishments, such as bars and taverns, who serve alcohol to patrons who are already visibly or obviously intoxicated. Most provide that the drinking establishment may have to pay damages to third-parties who are injured as a result of over-serving. However, Florida’s dram shop law is different than most. Under Florida Statute 768.125, individuals or businesses that sell alcohol will generally NOT be held liable for damages or injuries caused by a drunk person that was sold alcohol. Florida businesses ARE held liable under two exceptions to this rule:

1. The sale of alcohol to a minor.
2. The sale of alcohol to a person who is known to be habitually addicted to alcohol.

In the event of one of the two previously mentioned circumstances, businesses are held responsible for injuries and damages caused by or resulting from the intoxication of such persons. If a drinking establishment may not be held liable under civil law, there may be other repercussions under Florida’s criminal laws.

Dram shop cases are personal injury cases. If a drunk driver injures you on the road, you are entitled under Florida law to full compensation for your medical expenses, lost wages, and all other injury-related damages. If the driver who injures you is under the age of 21 or habitually addicted to alcohol, and that person was served alcohol at a commercial establishment just before injuring you, speak with a personal injury attorney at Darfoor Law Firm. Call 1-833-DARFOOR about a claim against that establishment. A person filing a dram shop claim (or civil claim) can seek compensation for several different reasons. These include:

• Medical bills for any and all injuries, including hospitalization, therapy, medication and rehabilitation
• Wages lost due to injury
• Replacement costs for damaged or destroyed property
• Pain and suffering

To learn more about dram shop laws or to share your stories, follow us on twitter. We look forward to hearing from you.

What is Mediation?

Mediation is a way for people who are having a dispute to talk about their issues and concerns and to make decisions about the dispute with the help of another person, a mediator. In mediation, you can try to find solutions that make sense to you and the other person in the dispute to resolve some of all of your concerns. A mediator can assist you in easing the way for communication, as they are there as a neutral person to help you focus on solving your dispute, though mediators are prohibited from providing therapy, counseling or legal advice. In some cases, court ordered mediation’s are required. If you are taking part in a court ordered mediation and unable to settle your differences, you will go back to court and the judge or jury will make a decision for you.

Court ordered mediation begins with the mediator explaining the process, as well as their role. The mediators introduction is typically followed by an opportunity for both parties to admit their concerns. After these initial procedure, how the mediation is conducted varies. The mediator will usually meet with both parties, together and individually. If you are represented by a lawyer, you and your lawyer must decide on your roles throughout the mediation (ex: who will speak during mediation). The mediation will end in one of three ways, 1) parties reach an agreement – all parties and their lawyers must sign the agreement; 2) the mediator declares an impasse; or 3) the mediator continues the mediation session by adjourning for the day.

Advantages of Mediation (via Florida Courts)

1. Mediation provides an opportunity to talk with someone who is impartial.
2. The issues in your dispute are not decided by someone else (self-determination).
3. What you say in mediation is confidential.
4. The mediator can help you overcome obstacles to communication with the other person or party in your dispute.
5. Mediation agreements are enforceable.
6. A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute.
7. Mediation is not a trial nor an arbitration.
8. Mediation can save time and costs.
9. You know what you have agreed to in mediation instead of gambling with what the judge or jury may decide if you go to court.
10. Mediation is an opportunity to gain a greater understanding about why the dispute arose.

Have you been compelled to attend to attend a mediation? If so, you may be best served by contacting an attorney and having representation at the mediation. What has your prior experience been with mediation? Leave us a comment on our Facebook page. We look forward to receiving your feedback.

Insurance companies have the right, in personal injury cases, to have you examined by a doctor of their choice. Formerly known as an independent medical examinations (IME), this examination was renamed compulsory medical examination (CME). Florida law allows CME’s as set forth in Florida Statues 627.736(7)(a), which states: Whenever the mental or physical condition of an injured person covered by personal injury protection is material to any claim that has been or may be made for past or future personal injury protection insurance benefits, such person shall, upon the request of an insurer, submit to mental or physical examination by a physician or physicians. Florida Statute also allows insurers to negotiate and contract with preferred providers for benefits.

Prior to the filing of a law suit, your auto insurance company may require you to submit a CME, in which you would be examined by a doctor that they pay. The car insurance company may require the examination if they suspect that you, or your doctors, are exaggerating your injuries or in some cases if they believe they can manage to pay your treating doctors less money. Some doctors have a financial incentive to diminish the legitimacy of a claim and may downplay the severity of a condition, claiming it was unrelated to the accident in question or the result of a preexisting injury.

Prior to a compulsory medical examination, it is advisable to seek the advice of a personal injury attorney. An attorney may be able to foresee questions a doctor may ask and help the injured party prepare the right answers. Call Darfoor Law Firm’s experienced personal injury attorney, Kweku Darfoor, at 1-833-DARFOOR for a free consultation regarding your personal injury claim.

For more information on compulsory medical examinations, or if you have any questions,comments or suggestions visit our twitter page. We look forward to hearing from you.

Property damage is defined as, “any injury to real or personal property through another’s negligence, willful destruction or by some act of natures.” The amount of recovery for property damage may be established by evidence or replacement value, cost or repairs, loss of use until repaired or by subjective testimony as to sentimental value. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. If you have a personal injury claim and a property damage claim together, the property damage claim should be settled first as “the fact of the accident or medical condition” because it could affect the outcome of your personal injury settlement amount.

Under Florida Statute 324.022, every owner or operator of a motor vehicle must establish and maintain the ability to respond in damages for liability. Florida is a comparative negligence state, meaning if the other driver was 80% responsible for the accident, you can collect 85% of your property damage from that driver. In the case of a car accident, if property damages are filed with the other driver’s insurance company, the insurance company may try to undervalue the property damage. This allows them to make an argument for a lower personal injury settlement amount claiming, if the property damage is minimal, you must not have been injured.

Those seeking representation for a personal injury claim or have further questions arising from an accident that involved an injury, call 1-833-DARFOOR for a free consultation from an experienced Fort Lauderdale personal injury attorney. They can help guide you through the process and get you the compensation you deserve.

For more information on property damage and its effects on personal injury settlements, or if you have any questions or comments, visit our Facebook page.

Justifiable reliance is an important component of many tort and contract claims such as fraudulent misrepresentation, negligent misrepresentation and promissory estoppel in contract. Justifiable reliance refers to a person’s justifiable dependence on another person’s representations. The element of justifiable reliance requires plaintiffs to show that they relied on the misrepresentation in purchasing a vehicle for the amount paid. The false impression conveyed by the seller’s actions must have influenced the buyer’s decision to proceed with the transaction.

Reliance is not justifiable if another person of similar intelligence, education, or experience would not have relied on the alleged representation. One problem involving the justifiable reliance element is determining the extent to which the relying party is responsible for investigating the accuracy of the statement on which it relies. While partial reliance should be sufficient to meet this element, if the seller can show that the buyer clearly intended to buy the car no matter what was said, then the buyer’s fraud case will fail. Sellers often try to challenge the consumer’s justifiable reliance by arguing that the buyer’s reliance on oral statements is unjustified if the contract documents clearly disclose the true facts or by claiming that their comments were simply sales talk not meant to be relied upon.

Handling fraud cases, as well as the numerous elements involved can be tough, but the attorneys at Darfoor Law Firm can help you through it. For a free consultation call 1-833-DARFOOR. 

For more information on justifiable reliance and auto fraud, or if you have any questions or suggestions please contact our Facebook page. We look forward to receiving your feedback.

When manufacturers or retailers make false claims, spread disinformation, or use other misleading tactics to entice sales, they are engaging in one or more deceptive trade practices. Florida Code § 501.203 and § 501.204: prohibits unfair or deceptive advertising of any good or service. These laws recognize that advertising plays an important role in helping consumers decide which products to purchase, and that false, deceptive and misleading advertising can undermine consumers’ purchasing decisions. Deception and unfairness are broad standards that apply to any type of dealer misrepresentation, failure to disclose, or overreaching. If a false advertisement was mailed, it can amount to mail fraud. As almost all newspapers are mailed to subscribers, even a newspaper advertisement can be the basis for a mail fraud offense.

Examples of unlawful, false and deceptive advertising practices are:

1. Any media used to make an advertisement misleading.
2. Listings of prices that do not indicate that there are deductions in the price for items such as rebates.
3. Disclaimers, time limits and modifiers that are not clearly stated, or hidden in a footnote smaller than ten-point type.
4. Advertising that items are free if the purchase price is increased to make up for the “free” items.
5. Use of the terms “Public Notice,” “Public Sale,” or “Liquidation” not permitted by the Court.
6. Use of other terms that are considered misleading such as “dealer’s cost,” “floor plan,” “inventory price,” “factory invoice,” “issue,” “wholesale” or “at no profit.”
7. Use of  “lowest prices,” “lower prices than anyone else” or “our lowest prices of the year,” unless the dealer can prove they are true.

If you are trying to recoup the money you spent on a product or service after being duped by a false ad, then you might consider filing a lawsuit in Small Claims Court. Contact Darfoor Law Firm for a free consultation at 1-833-DARFOOR.

For more information on deceptive pricing and sales techniques, or if you have been duped by a deceptive pricing scheme or sales technique please view our twitter page and leave comment how it impacted you. We look forward to receiving your feedback.