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Have a Safe and Happy Fourth of July
Posted by: James Gitkin
July 04, 2008
Topic: Auto Accidents

The Fourth of July is a great holiday, especially when it comes on a Friday like this year.  We all get a nice long weekend, and we can spend our Friday with our families and friends bar-b-que-ing at a party, watching fireworks and enjoying the day.  Almost every Fourth of July party involves some amount of alcohol (and there is nothing wrong with that).  Many people like to enjoy a nice, cold beer at their July 4th parties.  We all know where the problems comes though - making that awful decision that you're sober enough and getting behind the wheel of your car.  As a lawyer in South Florida practicing personal injury law, I have handled far too many auto accident cases, and many of them have involved a driver that was intoxicated.  In one of my cases, a drunk driver hit my clients' car and took off; the car was ultimately found ditched at a gas station several miles down the road containing a case of beer and booze, with some of the containers opened.  Thankfully, my clients only suffered neck and back injuries that caused them pain and discomfort, but haven't completely derailed their ability to go to work and live their lives.  I have unfortunately also been a part of cases where victims have not been so lucky where the results are catastrophic.

 I don't mean to be the grim reaper on a nice day.  Everyone should enjoy the holiday and by all means have a beer or two to celebrate the occasion and the day off.  Just remember that getting behind the wheel of your car today after having anything to drink is an incredibly poor decision that could have terrible results for some unsuspecting people.  Take a cab, sleep it off, or just choose not to drink if you are definitely going to drive.  Be safe and have a wonderful Fourth of July!

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Bring a 'Buddy' to Help with Medical Events and Surgeries
Posted by: James Gitkin
July 01, 2008
Topic: Medical Malpractice

For almost all of us, there have been or will be times in our lives where we will go through some sort of medical event.  Many of these events are negative - diagnosis of some sort of disease, a significant accident, or the need for some sort of surgery.  Other times, brushes with the medical community may stem from a positive situation like childbirth or choosing an elective procedure that will improve our lives.  No matter what the situation, if you are going through a time in your life where you will be dealing with doctors, hospitals, medical procedures and the like, it is a good idea to have a loved-one be your 'buddy' through the entire process.  Having to go to the hospital and deal with doctors during a medical event or crisis can be very traumatic and scary for the patient.  Decisions have to be made that affect your health, and it is often times difficult to be calm and collected in making those decisions.  Moreover, information is being spouted at you as the patient and you may not be in the best emotional state to fully process what is being explained.  Add in pain medication, being groggy after a surgery, and it's almost impossible for a patient to keep track of what is going on with his or her care and treatment.

I truly believe that doctors, nurses and hospital/medical staff have our best interests in mind when we are going through a medical crisis or event.  Doctors and nurses endure years of training and financial sacrifices to help us in our time of need.  But, no one is infallible and mistakes can be made.  As a lawyer practicing medical malpractice in Fort Lauderdale and throughout Florida, I have seen situations where good doctors and hospital staff have made bad decisions.  All of us make mistakes and poor decisions at our jobs - no matter how hard we prepare or work, mistakes and poor choices are inevitable.  Unfortunately, when a mistake is made in the world of medicine, the results can be devistating.  Sometimes bringing along a friend or loved-one, a 'buddy', can help make the difference when going through the hospital and medical system.  That is not to say that bringing a 'buddy' will stop mistakes from  happening.  But, having a lucid, clear thinking and objective person who cares about you by your side is invaluable, especially in a hospital setting.  Your friend or loved one can keep track and even takes notes when the myriad of health care professionals march through your room and they can speak up for you if they hear or see something that does not seem to gel with their understanding of what is suppossed to happening. 

In my own life, my wife had a very difficult pregnancy that required a week-long stay in the hospital and then months of bed rest.  When we were in the hospital, one time a doctor making the rounds starting looking at a chart and making comments about my wife's progression.  When I heard facts that seemed off, I mentioned something to the doctor and it turned out that he was looking at the chart for the patient in the next room.  He quickly found the right chart and began getting his facts right.  At the time, my wife was on medication and would probably never had caught the mistake.  Most likely the doctor would have figured out that he was looking at the wrong chart, but my wife felt much more at ease knowing that I was there to be her voice and her advocate.

Again, doctors and medical staff provide an unbelievable service to our community.  It is truly a wonderful thing to care for someone who is sick.  But, they like the rest of us make mistakes and poor decisions.  Having an advocate or a 'buddy' in your corner is a wonderful way to make sure that things run as smoothly as possible and gives the patient the piece of mind to focus on what is most important, getting better.  If you are about to go through some sort of medical ordeal, throw your pride out the window and ask someone close to you to be your 'buddy' through the entire process, from initial visits, to the hospital, to post op appointments.

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Uninsured/Underinsured Motorist Coverage is Crucial in Florida
Posted by: James Gitkin
June 13, 2008
Topic: Auto Accidents

As a lawyer practicing personal injury law in Florida, many of my clients ask me about the different types of auto insurance available to drivers.  There are four main types of auto insurance in Florida:  no fault/personal injury protection (PIP); property damage (PD); bodily injury (BI); and uninsured/underinsured motorist coverage (UM/UIM).  Florida law requires car owners to carry PIP insurance.  It provides medical benefits and lost wages up to $10,000.00 for a driver involved in an accident, regardless of who is at fault for the accident (thus the phrase 'no fault' insurance).  If a driver is responsible for an accident, PD insurance will compensate the other driver for the property damage sustained by that person's car, and BI insurance will compensate the other driver if he or she is injured.  If you carry ample property damage and bodily injury insurance, you can reduce the potential for injured persons attempting to seek out your personal assets after an accident.

While personal injury protection, property damage, and bodily injury insurance are very important to carry in Florida, perhaps the most import auto insurance a driver can and should carry is uninsured/underinsured motorist coverage.  The way UM/UIM coverage works is as follows - in the event you are injured in a car accident and the other driver is at fault and is either carrying no bodily injury insurance or inadequate bodily injury insurance, you can recover from your own insurance company for the injuries you sustained and the pain and suffering you experienced (in some circumstances).  This is so important because Florida law does not require drivers to carry any bodily injury insurance.  Thus, in the event you are in an accident with one of these drivers, if you are carrying UM/UIM insurance, you will have an avenue to be compensated for your losses.

In handling auto accident cases throughout Florida, I have found that too many at-fault drivers simply do not have bodily injury insurance, or they are carrying very low BI insurance.  If the injured driver does not carry uninsured/underinsured coverage, the results can sometimes be devistating.  I currently represent a man who was involved in a very serious accident.  He has endured multiple surgeries, has been laid up in the hopspital for two months, and it looks as though he may never work again.  There were two other vehicles that were partially responsble for the crash and both drivers were carrying very little insurance.  Unfortunately, my client was not carrying UM/UIM insurance.  We are now struggling to find any sources of coverage to compensate him for his very extensive damages.

Conversely, I have had some nice recoveries over the last few years for people who were fortunate enough to carry UM/UIM motorist coverage.  Last year, I was able to recover $250,000.00 for an eighty plus year old man whose car was rear-ended in Delray Beach by an uninsured driver.  My client suffered shoulder and back injuries and spent additional time in the hospital after incurring an infection.  Thankfully he was carrying enough uninsured coverage to appropriately compensate him.  Recently, I was also able to obtain $115,000.00 for a man who suffered nerve damage after his arm was pinned by a car backing out of a parking space - again the other driver was not carrying any insurance.

 It's amazing how many people I talk to in Florida who do not know how crucial it is to carry UM/UIM insurance until it is too late.  The bottom line: if you are not carrying this very important insurance, you should consider adding it soon to your policy.  I personally recommend carrying at least $100,000.00 in coverage, but at least carry something because if you are in an accident, there is a very real chance that the other driver will not be carrying insurance.

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Technology Can Lead to Distractions and More Accidents
Posted by: James Gitkin
June 09, 2008
Topic: Auto Accidents

The recent advances with technology and the various gadgets in cars have made the overall driving experience much more enjoyable.  MP3 players and satellite radios provide infinite music options; navigation systems give drivers real-time directions; blue-tooth allows drivers to use cell phones right through the radio; and, some cars are even equipped with TV's, DVD players and video game consoles.  All of these devices allow drivers to enjoy the ride, get perfect directions, conduct business, pacify the kids, etc.  But as a lawyer in South Florida specializing in personal injury cases, I have found that many times these gadgets and devices are distracting to drivers and ultimatley lead to serious accidents.  Driving in South Florida can be difficult - there is no question that Miami and Fort Lauderdale have some of the most agressive drivers you will find anywhere.  Add in a driver distracted by following directions on a navigation system or turning the dial of a satellite radio, and accidents are bound to happen.  At my law firm, Salpeter Gitkin, LLP, we have updated our discovery requests in car accident cases to be more current with the times.  We ask what devices were present in the car at the time of the accident, subpoena records in an attempt to confirrm what technology was being utilized at the time of the crash, and make sure that we hold drivers accountable for not paying attention to the roads.

There is certainly nothing wrong with having new and exciting technology in our cars to enhance the drive and to capitalize on time spent in the car.  Many of us are commuting in stand still traffic for too long, and these devices make the drive much more tolerable.  But, drivers should never lose track of the ultimate purpose of driving a car, getting to a particular destination safely and in one piece.  Other drivers should not bear the burden of property damage and serious injuries because a driver is too distracted to pay attention to the road.

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