Florida Injury And Accident Lawyer Blog

Just this month, the Insurance Institute for Highway Safety issued a report regarding the motorcycle helmet use laws for each of the states. The Institute's research found that "laws requiring all motorcyclists to wear a helmet are in place in 20 states and the District of Columbia. Laws requiring only some motorcyclists to wear a helmet are in place in 27 states.
There is no motorcycle helmet use law in 3 states (Illinois, Iowa, and New Hampshire)."

Continue reading "2011 Motorcycle Helmet Use Laws " »

As a native of Fort Myers and as a personal injury attorney in Southwest Florida, I am often contacted by family and friends who I personally know or have been acquainted with for many years. Unfortunately, when I recieve that call wherein I learn that an accident took place, my heart drops as I am too familiar with the tragic consequences of automobile accidents. These accidents can happen anywhere, at anytime, to anyone.

In February 2011, I was contacted by "Tom Smith", a local resident and acquaintance to assist in the handling of his personal injury matter. Tom has lived in southwest Florida for many years and attended our local public schools.He is happily married and the proud father of 3 children. Tom relayed to me that he was minding his own business on a sunny February day. His truck had come to a complete stop on U.S. 41 when, without warning, he was rear ended by the at fault driver at 55mph. The at fault driver was so inattentive, he never even had a chance to brake or use his horn to warn Tom. Both vehicles were totaled as a result.

Tom was transported by ambulance to Lee Memorial Hospital for serious injuries. He was ultimately released from the hospital, but sought the opinion of a neurosurgeon for an evaluation of his debilitating neck pain. The local neurosurgeon recommended an MRI of the neck which confirmed a herniated disk with cord compression at C6-7. Shortly after the MRI results, Tom underwent an Anterior Cervical Diskectomy and Fusion at C6-7 in March 2011.

Once the surgery was complete and Tom was recovering at home, The Dellutri Law Group completed its investigation and aggressively pursued a settlement against the insurance company of the at-fault driver. The result was a multi-figure confidential settlement for Tom and his family. Although dollars will never heal Tom's neck, our system of justice, while not perfect, is the best system in the world. Tom was fully compensated for his losses.

As I write this blog, I am happy to say that The Dellutri Law Group was able to investigate, litigate and resolve Tom's case within 5 months after the accident occurred.

This blog was written by Amanda Downing, Esq. Amanda is a wife, mother and daughter and a constant crusader against all that is wrong in the world. She oversees the firm's personal injury department and will fight to seek Justice for her clients.

Now that the days of summer are upon us, many people will be spending more time outdoors, especially children. As a Personal Injury Attorney and a Dad, I get the phone calls when children are injured, and these are the toughest cases to deal with. Therefore, I want to just remind everyone that many children are injured while biking, playing, driving in cars and while engaging in water sports.

Parents, please take each and every precaution that you can to prevent an unnecessary injury. I know we can't protect them from everything, but we can teach them the skills they need to watch out for themselves and others going forward.

Continue reading "Preventing Summertime Injuries" »

The Dellutri Law Group is proud to announce that it has started a new blog designed to protect the Consumers of Southwest Florida.

Click Here to check it out.

www.floridaanswerstopersonalinjuryquestions.com

Please check it out, sign up for the free newsletter and by all means let us know how we are doing.

Continue reading "Dellutri Law Group Has Started A New Blog Trying To Prevent Personal Injuries" »

In our recent blogs and Dellutri Law Group letters, Carmen and I have really focused on getting the word out to our clients to make sure that their families are adequately protected on our roads.

We have urged all of our clients to locate their latest automobile insurance policy and make certain they have "Uninsured Motorist" or "Underinsured Motorist" coverage on their policy. In the past few weeks, I have received many phone calls from our loyal clients requesting a review and free consultation regarding their auto insurance policy. After every single phone call, I had a smile on my face..............Here is why...every client that called me had uninsured/underinsured motorist coverage. YEAH!!!!!!!!And, even though every client that called was filing or had recently filed bankrutpcy and were in financial distress, they still purchased and protected their families should they be involved in an accident.

Continue reading "I Am So Proud Of Our Clients!" »

Fortunately, Florida has a tiered driver's license system in place for teen drivers. Teenagers in the State of Florida are allowed driving privileges in a series of steps. Every Parent should visit the Florida Department of Highway Safety and Motor Vehicles' website prior to their child turning 15. The FDHSMV's website advises that, "Florida's laws are designed to help teens gradually - and safely - build their skills and experience behind the wheel. The parents' job is to know and enforce the laws."

The FDHSMV has devloped a graduating driving system for teens due to some horrifying statists. According to the Department: Crashes are the leading cause of death for teens in Florida and across the United States.
Teens face the greatest risk of crashing during their first year of driving. One out of every five licensed 16-year-olds will be in a vehicle crash.

Teens are less likely than adults to understand the risks of driving because they lack experience. Also, their brains are still developing well into their 20s, affecting their judgment while driving. 306 Florida teens (ages 15-19) died in motor vehicle crashes in 2007.

Continue reading "Parents Can Protect Teen Drivers In Florida" »

As a personal injury lawyer, I hear too often how the holidays and particularly, New Years Eve turn bad for some folks in our community and it is usually alcohol related-a DUI or worse-a terrible car accident. Therefore, before New Years Eve, I wanted to make sure to write a blog about Drinking and Driving.

While gathering my thouughts, I went to MADD's website and learned that this month is "National Drunk and Drugged Driving Prevention" month. After navigating MADD's website (www.MADD.org) I was shocked to learn the following:

Continue reading "December is National Drunk and Drugged Driving Prevention Month" »

Automobile accidents happen. Often an automobile accident can be prevented; however, if you are involved in an automobile accident, the only real way to protect yourself is to make sure you are wearing your seatbelt and have adequate insurance to protect yourself and your family. Here, is an example of one of our clients who did nothing wrong and found herself facing difficult decisions after an accident. Obviously, we changed Ms. Smith's name.

On June 17, 2009, "Sandy Smith", was rear ended on Metro Parkway in Fort Myers, Florida when a driver of a landscaping truck bent down in his vehicle to pick up a clipboard. Mrs. Smith was 42 years old, a nurse, a wife and a mother to her disabled daughter who she had to lift in and out of a wheelchair every day.

Continue reading "Personal Injury Case Settles For $187,500.00" »

In May 2010, Attorney Amanda Downing completed a four year term as a Barrister with the prestigious Calusa Inns of Court. Beginning next month-September 2010, Mrs. Downing will begin her appointment to serve on the Twentieth Judicial Circuit Grievance Committee.

As stated by The Florida Bar, “A grievance committee is very much like a grand jury. Its function is to attempt to ascertain to the extent reasonably possible, all facts relating to the grievances referred to it by The Florida Bar.”

Mrs. Downing will serve on this committee for a three year term. She was advised that it is a great deal of work “with no reward” other than her own “personal satisfaction in promoting and maintaining the high standards of The Florida Bar." Like any challenge, She looks forward to this opportunity!

Continue reading "Amanda Downing Accepts Appointment To Grievance Committee" »

Dog Bite Cases are some of the hardest cases to work on, especially when a cherished pet dog bites a child. According to the Centers for Disease and Control, 4.5 million Americans are bitten by dogs each year. One in five dog bites results in injuries that require medical attention. Unfortunately, children ages 5 to 9 years rate highest for dog bite related injuries.

As a personal injury attorney, I have had my share of unfortunate dog bite cases. In almost every case, it was the first time that the dog had bit a person. In almost every single case, the dog owner was suprised that the dog bit my client as the dog usually does not have a history of bites. (If the dog did have a history of biting-it is likely that dog would have already been uthenized).

Continue reading "Dog Bite Safety Tips For Children" »

It is fair to say that every personal injury attorney prefers that a new client contact a lawyer immediately after an accident or injury. The reasoning behind this is important-the lawyer and the client need to preserve the evidence in your case as soon as possible. Regardless of how you were injured or the type of case you have, every claim or lawsuit requires EVIDENCE. This means that you need to immediately gather as much information and documentation as you can to support your case. Here are a few very important tips to keep in mind should you or a loved one become involved in a car accident, slip/trip and fall, wrongful death, medical malpractice or dog bite case.

Continue reading "The Importance of Preserving Evidence " »

The purpose of this blog is to provide some answers to frequently asked questions about wrongful death cases in Florida.

At any given moment of any given day, someone in this Country will pass away due to the negligence of another. While this is a horrible thought, unfortunately, it is a fact that we have to live with. When an unfortunate situation arises, a potential wrongful death claim may be possible. But the last thing on the minds of the survivors is hiring a law-firm to pursue a wrongful death claim.

The first question is: What constitutes a wrongful death claim in Florida?

A wrongful death occurs when a person's life is terminated before the naturally expected time, and second, the death must cause some sort of financial hardship. In order to make a claim against a defendant, the plaintiffs must prove the following:

1) The wrongful death was caused by the defendant(s) in whole or in part.
2) The Defendant(s) negligence played a part in the victim's death or the Defendant was strictly liable for the death.
3) Survivors exist to bring the claim on behalf of the victim.
4) A monetary loss is sustained as a direct result of the death.

If these conditions are not met, then you may not be eligible to bring a wrongful death claim. The best course of action is to speak with an experienced attorney immediately. In our office, Attorney Amanda Downing and Attorney Carmen Dellutri have successfully represented survivors in wrongful death claims over the years.

While you can never replace the life that is lost, being there for the family and pursuing justice on their behalf is part of the healing process. Any monetary settlement is always secondary to knowing that their loved one died in vain.

All of our clients want to know that something is going to change as a result of their tragedy. They want to know that something like this will never happen again. I think that is admirable, and it is part of the reason we pursue wrongful death cases. We believe that things can change for the better, and that if we do not learn from our mistakes, we will repeat them.

Continue reading "Wrongful Death Cases - Frequently Asked Questions" »

At The Dellutri Law Group, we have had the pleasure of helping many individuals injured in bicycle accidents. Bicycle accidents can cause very serious and permanent injuries. Usually, it is a careless driver or landowner which causes the bicycle accident.

Did you know that Bicycle riders were required to obey all the traffic laws in Florida? This pertains to children as well. All bicycle riders should wear helmets and any other protective gear they have. If you are a bicycle rider, please be careful and drive your bicycle defensively.

Now more than ever people are turning to their bicycles as an alternative means of transportation, whether it be for economic reasons or exercise, people are driving bicycles in record numbers, and unfortunately, more and more injuries are occurring. Some of these injuries are happening to children, and most of the injuries could have been prevented.

Another unfortunate event is careless drivers who would rather text message than pay attention to the road. My Partner, Amanda Downing recently wrote a blog on the horrors of texting while driving.

If you or anyone you know was injured or died in a bicycle accident in Fort Myers, Port Charlotte, Naples or Sarasota, contact the Dellutri Law Group immediately and schedule a free initial consultation. At your consultation, you may be surprised to find out that the driver of the vehicle may be at fault, the landowner may have some liability or that the bicycle contains a manufacturers defect.

All of our personal injury cases are taken on a contingency fee basis. Our firm will not ask you to pay for cost and fees unless and until you make a recovery on your case.

Continue reading "Bicycle Accidents Can Be Serious !" »

How can it be-Texting While Driving is Illegal in 19 states, but not in Florida. A recent study shows that texting while driving increases crash risk by 23 fold. Nineteen (19) states have joined forces to ban "texting while driving", including New Hampshire. New Hampshire's House Bill 34, states, "A person operating a moving motor vehicle who writes a text message or uses 2 hands to type on or operate an electronic or telecommunications device, is guilty of a violation."

Continue reading "Texting & Driving is Illegal in 19 States-But Florida Still Allows Texting While Driving" »

If you don't think a medical error or medical negligence can happen to anyone, you are being naive. This medical negligence/medical malpractice issue is receiving much more attention these days as the President is pushing for universal health care. Please note that the purpose of this blog is not to advocate for the President's plan, but for you, the consumer of medical services, to be informed and cautious about the care that you receive.

I am sure most of you heard the horror story involving Dennis and Kimberly Quaid's newborn twins. The twins were given a massive overdose of the blood-thinning drug Heparin. The hospital where the medical error occurred released a statement that confirmed that three of its patients had received 1,000 times the prescribed Heparinhttp://www.dellutrilawgroup.com/lawyer-attorney-1302961.html. Instead of 10 units per millimeter. Again, the patients received 10,000 units.

Continue reading "Eliminating Medical Errors-Medical Malpractice can happen to you" »

Bayer Pharmaceuticals may face some very tough legal challenges ahead as many trial lawyers begin to file lawsuits against the German drug and chemical maker. It seems that Bayer's Yaz is alleged to be the next generation of birth control. However, there have been some reports that the drug presents dangerous risks to users and that the company may not have provided adequate warnings to the public.

Continue reading "Bayer Pharmaceuticals May Face Mass Tort Claims for Yaz & Yasmin Birth Control Pills " »

Dog Owners need to be aware of their potential liability for their pets. I represent many many individuals in Fort Myers, Port Charlotte and Naples who were bitten by dogs.

Florida Statute 767.04 states, "The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident."

Continue reading "Dog Bite Injuries-What Are Your Rights And What Should You Do?" »

Do you own a motorcycle? Who is going to pay your bills if you are involved in an accident? If you live in Southwest Florida and drive a motorcycle, make certain you purchase Medical Payments Coverage from your insurance carrier.

In Florida, Personal Injury Protection (PIP) Coverage only applies to bodily injury sustained in a motor vehicle accident by the named insured, relatives residing in the same household, persons operating the insured motor vehicle and pedestrians struck by the insured motor vehicle. The PIP coverage will pay for 80% of your reasonable medical expenses up to $10,000.00. If you are on a motorcycle at the time of the accident, the Florida PIP law does not afford you this coverage.

Continue reading "Motorcycle Owners Should Purchase Medical Payments Coverage " »

Can "My Space" and "Face Book" hurt your case? Absolutely.
After you have been involved in an auto accident and reported the accident to your insurance company and/or the at fault party's insurance company.....Beware. The insurance company and their adjusters, claim representatives, investigators and/or lawyers will perform a search of your name on the internet, specifically, "Face Book" and "My Space".

Continue reading "Amanda Downing, Fort Myers, Florida- Personal Injury Attorney" »

We strongly suggest you follow these 10 tips after an accident:
1. KEEP CALM Call 911 to report the accident and be sure to advise the 911 operator if anyone is injured. In Florida, you are required to have a Traffic Crash Report completed if the crash results in death, bodily injury or damage to property of at least $500.00.
2. MOVE YOUR VEHICLE If your vehicle is a hazard for other vehicles, move it out of the way if it is safe to do so.
3. AVOID FURTHER INJURY Turn off the ignitions of all cars involved. Do not move an injured person unless they are in immediate danger; try to keep him or her warm. Stand away from the vehicles in case they are hit again.
4. AVOID CONFRONTATION AT THE SCENE The scene of a car crash is no place to get into an argument with the other driver(s) over who is at fault. It is best not to discuss how the accident happended. Wait for the police and cooperate fully with the police.
5. EXCHANGE INFORMATION Although you shouldn't discuss responsibility for the accident with the other driver(s), you SHOULD exchange information. Specifically, you will beed to exchange driver's licenses, registration, license plate numbers and insurance information. Make sure the insurance card they provide you has current effective dates.
6. WITNESSES Even if the other driver admits fault, it is still helpful to obtain the names, home addresses and all telephone numbers of as many witnesses as possible.
7. SEEK MEDICAL ATTENTION If you experience even minor pain, you should see medical attention as soon as possible.
8. TAKE PHOTOGRAPHS We recommend that you keep a disposable camera in your glove box. Photograph any injuries to your body and make sure that all areas of damage to your vehicle are photographed before repairs are done.
9. PROTECT YOUR RIGHTS Although you generally must provide reasonable cooperation with your own insurance company's investigation of the accident, the same is NOT true for the at fault driver's insurance company. For example, you are under no obligation to provide the other driver's insurance company with any sort of statement concerning the accident. You should consult with an attorney before giving a statement to anyone-even your own insurance company.
10. CONSIDER CALLING US AS SOON AS POSSIBLE We have vast experience in handling motor vehicle and motorcycle accident cases. We care, and we will help you take all the appropriate steps to protect your rights and interests. Why settle for less?

Continue reading "Amanda Downing, Fort Myers, Florida- Personal Injury Attorney" »

Very Important. Gap insurance coverage is insurance for your vehicle (loan or lease) which provides protection for the amount greater than the actual cash value you are liable for (how much you still owe) after the total loss of your vehicle from either theft or from an automobile accident. http://http://www.dellutrilawgroup.com/lawyer-attorney-1351138.html

For example, if, as a result of an auto accident, your vehicle is a total loss, and it is worth $8,000.00 but you still owe $12,000.00 to the lender or lease holder, you are responsible for the difference. In this scenerio, Gap coverage would cover the difference that is still owed ($4,000.00 in the prior example).

Continue reading "How Important Is Gap Coverage?" »

If you are involved in an automobile accident, you are usually more worried about your injuries and lost wages than you are about whose car insurance policy is going to reimburse you for your loses. In Florida, we are a no-fault state. This means that if you are involved in an automobile accident, your own insurance company pays for a portion of your initial claims.

For example, Personal Injury Protection "PIP" covers a portion of your medical bills incurred as a result of an automobile accident. "PIP" can also cover a portion of your lost wages, prescriptions, mileage to and from doctors visits and personal services (lawn care, house cleaning etc.). Your "PIP" benefits are outlined in your automobile policy.

The law on PIP benefits is extensive and The Dellutri Law Group, P.A. will continue to explain in future posts.

Continue reading "Personal Injury Protection Benefits "PIP" in Lee County,Florida" »

The Dellutri Law Group, P.A. has recently opened a new office in Sarasota, Florida. The firm is accepting new Personal Injury Cases, Foreclosure Defense Cases and Bankruptcy Cases in the Sarasota office. The new phone number for the Sarasota Office is 1-941-331-1300. The office is located in the Sarasota Executive Suites at 677 N. Washington Boulevard, Sarasota, Florida 34236.

Continue reading "Firm Opens New Sarasota Office for Personal Injury, Foreclosure Defense and Bankruptcy " »

If you are an avid reader of the Florida Injury and Accident Lawyer Blog or if you are not, get ready for some major changes to be coming your way. Our blog is having some touch up work being performed, kind of like a tune-up and a new coat of paint for the car. We might even throw in a couple of cool features for you.

But, we are gonna need your patience while this little bit of magic takes place. Remember, we are attorneys not computer dudes.

Continue reading "Changes Are Coming Soon" »