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Personal Injury On Vacation in Southwest Florida Vacation is one of the least convenient times to sustain an injury. Disappointment from foiled rest and relaxation due to pain is compounded by unfamiliar locations, doctors and hospitals. The unforseen costs of personal injury can make an already pricey getaway even more expensive. Injuries sustained on vacations can be caused by a myriad of different occurrences – negligence by a hotel, resort, cruise ship, or other accommodations, or being involved in a motor vehicle, motorcycle, bicycle or scooter accident or boating or other watercraft accident. In these particular cases, it can be prudent to seek legal help to get the justice and compensation deserved. Certain steps should be taken to fully document the particulars of the emergency immediately after a personal injury occurs. Always report the injury with the manager of the hotel or resort, to crew of the ship, or local law enforcement agency. Document the defect or dangerous condition that caused your injury, or damage to the motor vehicle or other conveyance being ridden by photograph if possible. While it can seem inconvenient, it is also important to seek medical attention if needed while on vacation. A Common Vacation Injury Hotel fires in the U.S. have greatly decreased even in the last 20 years. However, in 2013, 117 civilians were injured in hotel fires. Six people lost their lives.¹ From 2004 to 2008, 7,840 people in the United States were victims of a violent crime while in a hotel.²  These crimes and injuries are rare, but they do happen and should be taken seriously. Many hotel pools do not have a lifeguard on duty, so it is important to be diligent when at the swimming pool, especially with children. Following several accidental drownings or near drownings in the past several years, two major cruise lines, Norwegian and Royal Caribbean, added lifeguards to their ships in 2017.³ Other examples of personal injury on vacation include- Gym equipment accidents, slip and falls, elevator accidents, boating or recreational equipment accidents, and food poisoning. Who to Call If you or someone you love has sustained an injury while on vacation, it is important to seek legal counsel. Your Southwest Florida attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz have over 50 years of legal experience in dealing with personal injury. Contact us today to schedule a free consultation. 1 National Fire Protection Association, “U.S. Hotel and Motel Structure Fires” report 2 https://www.bjs.gov/index.cfm?ty=tp&tid=44 3 http://www.miamiherald.com/news/business/tourism-cruises/article145571359.html

More than 50 years ago, John Cechman was called to fight for his country in the Vietnam War, earning a Bronze Star for his service. Today, he fights for his neighbors as a partner and personal injury attorney at Goldstein, Buckley, Cechman, Rice & Purtz, P.A His military career started at the West Point United States Military Academy in New York where he was recruited to play football from high school in Northumberland, Pennsylvania, where he grew up. It was football, not necessarily the Army, that attracted him to West Point. “The campus was beautiful, and it was a good education,” he said. He played for the freshman and junior varsity teams until he failed a European history class and his grade point average dipped below the requirement, forcing him to leave. “Had I stayed, I would have played on the big Army team,” he said. He continued his education at New Mexico University, and joined the advanced Reserve Officers’ Training Corps (ROTC) to help pay for his college expenses. After Cechman graduated from Indiana University of Pennsylvania with a Bachelor of Arts in Mathematics in 1967, he became a second lieutenant in the army, completing Infantry Basic Officer Leader course in Fort Benning, Georgia. He completed Army Intelligence School at Fort Holabird in Baltimore. Attorney John B. Cechman served his country and now serves his clients It was there that some friends talked to him about practicing law. From Fort Carson, Colorado, he was sent to Quang Tri Province just south of the demilitarized zone (DMZ) in South Vietnam. As Agent in Charge of Military Intelligence, he was stationed with the 1 st Brigade 5 th Infantry Division from July 1968 to July 1969. “It was difficult,” he said. “There were good days and bad days. It’s a year I would not want to duplicate. That’s why I think vets who have seen combat don’t ever talk about it. If you haven’t lived through it, you can’t possibly imagine it.” While he admits his grades in school were not always the best in his younger years, he understood the legal system and considered a future practicing law. He did well on his way to the law school entrance exam and applied to the then-recently established law school at Florida State University (FSU) while still in Vietnam. “I heard about law from friends in Baltimore,” he said. “I knew I didn’t want to stay in the Army. I had never been to Florida, so I went straight to FSU.” On a break from law school, he drove to Naples to visit the family of another student. On the way, he stopped in Fort Myers to look into a job that founders of Goldstein, Buckley, Cechman, Rice & Purtz had posted on an FSU bulletin board. It was a long way to the law firm, but he pulled up to the office on his motorcycle and has been representing motorcyclists ever since. His military medals hang next to a large quilted American flag over his desk: Bronze Star, National Defense Service medal, Vietnam Service medal, Republic of Vietnam Campaign Ribbon, Expert Badge & Auto Rifle Bar, and Marksman Bar & Pistol Bar. “I tell my sons that the military is a great character builder,” he said. “There are no excuses. You get the job done. Yes sir. No sir. It makes you an overall better person. If I have a case, I’ve got to do it right and on time. It translates not only to the law, but any job, any occupation.” Throughout the year, members of the firm collect clothing and supplies for veterans to be donated through the Cape Coral office of U.S. Department of Veteran Affairs. It’s been a long way to the law. “A lot of veterans need help, especially since in combat PTSD is a real thing,” Cechman says. “I’m proud of the fact the firm does what it can to assist vets.” Goldstein, Buckley, Cechman, Rice & Purtz has offered professional legal services to Southwest Florida clients since 1962. The firm’s experienced attorneys are board certified by the Florida Bar, and their areas of practice include personal injury and accidents, fall and premises liability, wrongful death, motorcycle and truck accidents, medical malpractice, real estate, commercial litigation, construction law, wills, estate planning and administration, social security law and criminal law. With offices in Fort Myers, Cape Coral, Naples, Lehigh Acres and Port Charlotte, attorneys can be reached by calling (239) 326-0558 or visiting our Contact Us page.

Were you injured due to someone’s negligence? Check out these 3 personal injury tips for guidance, then call our Florida attorneys to get started today. 1. Mistakes After a Personal Injury Claim The value of a personal injury claim in Florida is what the question presents and that is it’s personal. These are personal injury claims, personal to you. The value of that claim depends on many factors and many things that go into looking at what that claim is worth. It starts from the insurance company’s perspective with your medical bills. What did it take to treat these conditions that resulted from the accident or the incident? The value of the claim also includes things like your wage loss if you missed work as a result of the accident and your injuries. That goes into determining a value of the claim. It’s so much more than that. The value of the claim is personal— how this claim has affected you, how it’s affected the way you go about your daily activities, the things that you enjoy doing, your hobbies, your interests. The value of the claim varies based upon many factors that go into a case. At Goldstein Buckley Cechman, Rice & Purtz, we look to maximize that value based upon what you, our client, is looking for to fully compensate and receive justice as a result of this accident that was not your fault. We put the pieces together with you very early on and continuing throughout the course of your case to make sure that we are maximizing value based upon your desires to search for justice for you. 2. Pre-Existing Injury Personal injury claims and pre-existing conditions are things that are at the forefront of most cases that are handled in Florida. Those are things that do impact cases. Insurance companies like to look at pre-existing conditions and try to blame the effects of the accident on those pre-existing conditions. Luckily, when you have an experienced attorney like us at Goldstein Buckley Cechman, Rice & Purtz, we know how to flip that argument on its head because what the law tells us is that simply because you were suffering from some form of pre-existing condition, be it a prior spinal cord injury, be it prior neck pain or back pain, just because you may have those things in the past doesn’t mean that you cannot collect damages you deserve from suffering an aggravation or an exacerbation of those prior conditions, again, things in your past that have been reignited, brought to life, and intensified as the result of the accident in question. While it is certainly something that is at the forefront of cases when those pre-existing conditions exist, having the right attorneys to know how to deal with those situations in the right context and how to make those situations most beneficial for you folks that suffer from those sort of things in your past is so paramount and important to making sure you are choosing the right attorneys. What we do when we get a case is, we certainly ask about the accident and your injuries as a result of the accident. What we do is take a deep dive into your medical past, not in an effort to undervalue your claim but in an effort to get that ammunition we need to try and prove what we know to be true, and that’s that the accident and the injuries more times than not have caused those underlying conditions to be reignited, brought to the forefront, and you are now suffering worse than you ever had before. While pre-existing conditions certain points in time can be detrimental to a case, if you have the right attorneys looking at it in the right light, we can work to make those work in your benefit as opposed to your detriment. 3. Taking the First Personal Injury Settlement Offer In Florida, insurance companies will make an initial offer generally early on in the process. More times than not, it is not advisable to take their initial offer. Insurance companies work to try to turn files over, which means get it off their desk and get you candidly out of their hair. What we do at Goldstein Buckley Cechman, Rice & Purtz is we put together comprehensive damages packets that we will send out to insurance companies at the right time. Timing is important because those first offers generally are not the best offers. We work hard to put together that information, give the insurance company all they need to evaluate your case, and the vast, vast majority of the time, we see offers increase as we continue to work through your case putting together the accident, your injuries, the damages, and how those have affected you. Holding out a little longer while time can obviously be a factor more times than not is generally in your best interest and we will be with you the full view of the way to get you to a point where you get to decide what justice is for you and what we should do with offers from the insurance company. Have you suffered a serious injury at the hands of someone who has been careless or negligent and have questions about our 3 personal injury tips? Contact our experienced Southwest Florida personal injury lawyers today for a free consultation and case evaluation. Like us on Facebook

When you are injured at the fault of another, your primary interest is to get well. You may assume that insurance will take care of everything else. The “everything else” is why you need an experienced personal injury attorney. Dealing with insurance companies after a minor accident is one thing. Working with insurance companies after a serious accident with injuries is another. The success of personal injury attorneys is based on several factors, including education, legal skill and experience. The attorney you retain should have a proven record of winning similar cases and be willing to thoroughly explain his or her recommendations based on specific details of your case. Here are six reasons why you need an experienced personal injury attorney. An Experienced Personal Injury Attorney Can Take on Insurance Companies An experienced personal injury attorney has been through insurance claims many times. As a result, they know how to seek fair compensation. It is important to know that insurance adjusters do not work for you. Their goal is to reduce what the insurance company pays. However, insurance adjusters are trained to make you feel they are on your side. Their goal is to see if you will say things to potentially devalue your case. According to HG.org, “adjusters are not friends or on the side of the accident victim. They are attached to the case to ensure the most money allocated to the individual of the incident is just enough to avoid a lawsuit.” An experienced personal injury attorney knows what your case is worth. As an objective advisor, they can advise what is in your best interest. They Know the Value of Your Claim Because of their background, experienced personal injury attorneys can tell you from the beginning whether you should pursue legal action. A knowledgeable personal attorney understands the need to seek compensation for past, present and future expenses. They also know how to value compensation for non-economic damages such as pain and suffering, which are harder to prove. An experienced personal injury attorney also knows there may be others partially responsible for your injuries. In a complex case, adding all responsible parties is challenging, but is important to make sure you get your best settlement. They Know How to Build a Solid Case An experienced personal injury attorney knows how to navigate complicated legal procedures. As a result, they can provide expert guidance. Hiring an expert ensures you do not make a mistake that could impact your compensation. Determining who is at fault goes beyond collecting evidence at the scene. In addition, cases can include depositions, records, subpoenas and other court rules and legal processes. A personal injury attorney can build your case through the following actions: Preserving vital evidence Tracking your expenses Documenting the severity of your injuries Processing paperwork Understanding confusing legal terms Knowing the deadlines for filing Having a team of investigators Experienced Personal Injury Attorneys have Trial Experience While most cases do not go to court, having an attorney knowledgeable and willing to litigate a case is important. That sends a message to the insurance company that you are willing to take a case to trial if negotiations are unsatisfactory. You never know when a case will make it to court. That’s why it’s so important to have an attorney who treats your case like it could go to court from the beginning. Having an attorney with a reputation for jury trial verdicts can result in a high settlement for clients in mediation and arbitration. Lawyers who have successful trial experience often get the better settlement offers. Taking a case to trial requires thorough and additional preparation, which you will get with a trial-experienced attorney. Your attorney will know how to ask the right questions and collect information. Experienced lawyers will often have a more established relationship with defense lawyers, judges and insurance adjusters. Board certification by The Florida Bar is designed to help the public make an informed decision when selecting a lawyer. Board-certified trial attorneys like ours mean you can be assured we have a certain level of expertise, knowledge and experience. About 3% of Florida civil trial lawyers are Board Certified. At Goldstein, Buckley, Cechman, Rice & Purtz, we have four board certified trial attorneys. An Experienced Personal Injury Attorney Has Resources to Pursue Your Case After an accident, your concern will be getting back your life. You may have medical procedures, repairs and other headaches that occupy your time. You may be out of work as you deal with the result of the accident. During this period, the last thing you need is more expenses. An experienced personal injury attorney has the resources to cover the high costs of investigating and taking your case to litigation if necessary. Costs may include medical experts, investigators, reconstruction specialists and staff time preparing the case. Instead of requiring a retainer fee and charging for legal services by the hour, we agree to base our attorney fee on the amount of money recovered in the case. Our fees are deducted from the money recovered for your claim. This means that unless we make a recovery for you, you owe no attorney fees. Court costs are normally recoverable in Florida from the other side if you are successful at trial. If we cannot recover compensation for your personal injury claim, you do not owe the attorney any money for attorney fees. However, you could owe the attorney for the costs of your case. You Deserve the Best Representation An experienced personal injury attorney has the resources to cover the high costs of investigating and taking your case to litigation if necessary. Costs may include medical experts, investigators, reconstruction specialists and staff time preparing the case. You only have one chance to get the compensation you are owed. As a result, it is important to have the best legal representation possible. An experienced personal injury lawyer will protect your rights and your case. At Goldstein, Buckley, Cechman, Rice & Purtz, we offer FREE attorney consultations. When you call, you can speak directly with an attorney who can help determine what your case needs. Also, you need to feel comfortable with your attorney and confident that your interests will be a top priority. At our firm, you talk to attorneys who meet with you throughout the process. We make a point be accessible. Qualifications to Look for When Hiring a Personal Injury Attorney Before hiring a personal injury attorney, you should make sure they have the right qualifications to tackle your case.  Managing partner Christopher J. Smith shares some general guidelines for interviewing a legal firm.

Florida Semi-Truck Accidents Because of their enormous size and weight, semi-truck accidents can be damaging or deadly when they are involved in a collision. Currently there are over 15.5 million trucks in the United States. Thirteen percent of these are semis, big rigs, 18-wheelers, and tractor trailers. According to thetruckersreport.com, the legal weight for an 18 wheeler in the United States is 80,000 lbs. (40 tons). Compared with a car in the United States which has an average weight of 5,000 lbs. it is easy to see the dangers of car-truck collisions. Semi-Truck Accidents: The Sobering Statistics In 2015, 3,852 people died in large semi truck accidents Over 2/3 of the victims were occupants of cars or other smaller vehicles Annually, approximately 130,000 individuals are injured in truck accidents Roughly 98% of semi accidents result in one fatality Causes of Semi Truck Accidents According to the Insurance Institute for Highway Safety Loss Data Institute (IIHSHLDI), two of the major causes of truck accidents are truck braking capability and truck driver fatigue. Loaded tractor trailers for example take 20-40 times longer to come to halt than a car. Less than ideal road conditions or poor break maintenance can make it even more difficult for a large truck to stop in time. Truck drivers are known to work long hours traveling great distances. Because of the amount of driving time truckers log, driver fatigue is a serious issue. Driver fatigue is responsible for approximately 30% of all commercial truck accidents. Federal hours-of-service regulations only allow truck drivers to drive 11 hours per stretch and 77 hours per 7 day week, however driver surveys show that often times these regulations go unfollowed. Who to Call If Involved in a Semi Truck Accident If you or a loved one have been involved in a semi-truck accident or lost a loved one due to a truck accident it is important to seek experienced legal representation. Truck accidents have many legal complexities and the right attorneys can help you navigate a truck accident claim. The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have over 50 years in legal expertise. Give us a call today to schedule a free consultation.

Many activities at our law office have gone virtual. But signing wills and trusts is an appointment that must be done in person. That does not mean that wills and trusts cannot be created during the pandemic. In fact, many people are interested in getting their end-of-life paperwork in order. Still, the process has had to change to avoid spreading the virus. Wills, trusts and other documents are necessary to make sure your wishes are carried out. Medical instructions make sure your health care wishes carried out. The five key documents to have on hand include: A will, the legal document that directs who receives your assets after death and can appoint guardians for minor children. Without one, the state’s law decides what happens after you die. Healthcare durable power of attorney, or health care proxy, allows you to name someone to make health care decisions for you if you are unable to. Living will, sometimes called an advance care directive, outlines the medical care you want if you are terminally ill, such as use of life-support systems, organ donation and resuscitation. Durable power of attorney for finances gives someone the authority to handle your financial affairs if you cannot. HIPPA authorization allows people you choose to have access to your medical records and information. This is especially important for parents who want to get medical information for their children over the age of 18. Wills and Estate Planning Signature Requirements Florida law requires that a valid will be signed in the presence of at least two witnesses, who must also sign it. Witnesses do not need to know the contents of the will but must complete a notarized statement that the person making the will signed in their presence. The client creating the will must be able to view all signings. The Florida law changed in January to allow electronic will signatures starting July 1. However, the process and some issues including electronic storage are still being worked out. The rules are from the Wills Act, which dates to the English Statue of Frauds passed in 1677. The act requires a will to be in writing and signed in front of others in the same room at the same time. The efforts are designed to make sure that wills are created voluntarily without fraud. Wills that have not followed each step can and have been challenged and annulled. New Wills and Estate Planning Procedure s The Stanford Law Review and others are suggesting that these requirements change, especially because of the pandemic. Until such time, we have created a safe process for creating wills and trusts during the pandemic. First, an appointment is made where one of our legal assistants collects and prepares information. Then, an in-person (using proper COVID-19 protocols or virtual meeting with the attorney is set to collect other necessary information. When the documents are created, approved and ready for signing, the client makes an office appointment. Clients are asked to bring masks and disposable gloves to their appointment. If they do not have them, our office will provide them as they are mandatory. A pre-sanitized table, chairs and a clipboard will be set up for the signing. The attorney, witnesses from our office and client will wear masks and disposable gloves. Pens for signing will be wrapped and new, and taken along with documents by the client after the signing. Why Use an Attorney for Wills and Estate Planning? Online legal services and templates are available for some documents. However, they do not have the same standards required for attorneys nor regulatory oversight. Their legal terms say their information and documents are not guaranteed to be correct or complete! Also, each state’s laws for estate planning, probate and trust laws, are unique. As a result, an attorney makes sure you have the correct paperwork for your state. During the heartbreak of loss or illness is not the time to find out that paperwork is not legal. If you already have a will, but it was written out of state, it is suggested to let a Florida attorney review it to ensure compliance with Florida law. Goldstein, Buckley, Cechman, Rice & Purtz have been helping clients for nearly 60 years with their estate planning needs. More than 52 percent of people over the age of 55 do not have a will or other key documents they might need during the pandemic. Creating your estate plan with an attorney protects you, the people you care for, and your savings and property.

Food Poisoning in Southwest Florida Restaurants From 1998 to 2015, 52 people in Florida died due to foodborne illnesses, or food poisoning.¹ This is compounded by over 31,000 illnesses and over 2,000 hospitalizations. Food poisoning is actually a reaction to harmful bacteria, viruses and microbes that enter the body through food. While it is possible to contract food poisoning through food prepared at home, according to the CDC 68% of outbreaks occur from restaurants.² If a restaurant fails to properly source, manage, and prepare food responsibly, resulting in sickness or even hospitalization, it may be prudent to seek litigation, especially if the incident resulted in incurred debt. Three common bacteria and viruses that lead to food poisoning are salmonella, listeria, and norovirus. These are by no means the only causes for affliction but do comprise the largest percentage of illnesses, hospitalizations, and deaths related to foodborne illnesses. Salmonella. There were more than one million people in the US from 2000-2008 that became sick due to the bacteria Salmonella.³  Salmonella results from undercooked meats and eggs, so make sure that a restaurant properly prepares your food to the proper temperature, especially if dining with small children or the elderly. Salmonella leads to flu-like symptoms that can last up to seven days. Listeria. This bacteria found mostly in dairy is especially important to monitor in Florida because over half of the cases of listeria in the US are in people 65 years or older. Listeria results in flu-like symptoms, which can cause dangerous levels of dehydration in the elderly. To prevent listeria poisoning, make sure to eat cheeses made with pasteurized milk, and refrain from eating soft cheeses. Norovirus. From 2000-2008, there were over five million cases of norovirus in the US, resulting in 150 deaths. This virus is incredibly contagious and just a small amount of it and can infect. Norovirus results in the inflammation of the stomach and intestines, causing flu like symptoms that are dangerous or the young and elderly. It is important that an infected person not prepare food for 48 hours after the symptoms stop, as food is often the biggest transporters of the virus. Who to call Many of us go to restaurants our whole lives and never contract food poisoning. However, if it happens to you it is important to determine if the restaurant acted in every way possible to prevent the illness. If you have become sick after eating at a restaurant and believe the establishment holds some responsibility, it is important to seek legal counsel. SWFL attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz have over 50 years of legal experience in dealing with personal injuries. Contact us today to schedule a free consultation.

Every 32 seconds, a child under the age of 13 was involved in a car crash in 2018. Many times, injuries and deaths can be prevented by proper car seat safety, boosters and seatbelts. Car accidents are the leading cause of preventable deaths and injuries to children in the United States, according to Safe Kids. Car Seat Safety Facts As a parent or caregiver, one of the most important jobs you have is to keep your child safe. Learning the proper use of safety seats and seatbelts can not only help prevent your child from getting injured in an accident; these safety measures could save your child’s life. According to Safe Kids, correctly used child safety seats can reduce the risk of death by as much as 71 percent, but more than half of car seats are not used or installed correctly. Selecting the Right Car Seat Safety Record With many types of safety seats available, choosing a car seat for your child can be overwhelming. There’s help! The National Highway Traffic Safety Administration (NHTSA) offers a comprehensive guide in English and Spanish with information about finding the right car seat, installing it correctly and other tips. The guide includes a searchable list by area of places offering car seat installation inspections, as well as recommendations for the correct seat for your child’s age and size, as well as for your vehicle. It also allows adults to register car and booster seats to receive up-to-date information about any recalls and defective parts. Tips on Child Passengers’ Car Seat Safety The National Safety Council offers these basic tips for keeping children safe. If you are pregnant, schedule a car seat installation with a certified child passenger safety technician before the child is born. Children should ride in the back seat, at least through age 12. If your kids complain about wearing seatbelts, do not negotiate. Do not drive off until they buckle up. Always be consistent and wear your seatbelt; driver safety belt use strongly influences whether your child will buckle up. The life of a car seat ranges from six to 10 years. Be sure to find the expiration date set by the manufacturer. Airbags can save the lives of older children and adults, but they can be fatal for young children when not seated correctly, particularly in the front seat; never place a rear-facing car seat in a front seat near an airbag. Always read instructions provided by the vehicle and car seat manufacturers for properly securing children. Seatbelt Safe ty Seatbelts or safety belts are restraints that are meant to supply protection in case of a crash. By using them properly, crash deaths and injuries can be significantly reduced. Except for New Hampshire, all states and the District of Columbia require adult front-seat occupants to use seatbelts. Florida law requires the use of safety belts for all drivers and passengers in all motorized vehicles. Thirty-four states and the District of Columbia have primary enforcement. Primary enforcement laws allow a police officer to stop and cite a motorist solely for not using a seatbelt. In states with secondary enforcement, police can only enforce the law if the motorist has been pulled over for another violation first. Safety Belt Fit Test According to Safe Kids, children should stay in a booster seat until between the ages of 8 and 12, depending on the size of the child. Here is a recommended Safety Belt Fit Test (watch video) to determine if a child is ready for a safety belt without a booster seat: Check knees and feet. Your child’s knees should bend at the edge of the seat when their back and bottom are against the vehicle seat back. Feet should touch the floor for comfort and stability. Check the vehicle lap belt. It must fit snugly across the hips or upper thighs. Check the shoulder belt. The shoulder belt must fit across the shoulder and chest, not across the face or neck. Remember, just because the seatbelt fits your child in one car does not mean the seatbelt will fit in all cars. Do the Seatbelt Fit Test in every car before permanently moving from the booster seat to just a seatbelt. Car Seat Safety Attorneys As careful and as safe as you may be with your driving, and with the use of good car seat safety, auto accidents still happen. Other drivers speeding, running red lights, driving drunk and the driving the wrong way have caused tragic accidents that have altered the lives of many innocent families. The attorneys at Goldstein, Buckley, Cechman, Rice and Purtz have nearly 60 years of experience with personal injury cases. We have six offices in Southwest Florida in Fort Myers, Cape Coral, Naples, Lehigh Acres and Port Charlotte. Contact us today to set up an appointment for a free consultation.

There are a number of good questions to ask when hiring a personal injury attorney. Knowing that accidents can happen does not detract from the pain and confusion that can result when an accident or injury happens to you or a loved one, as you try to deal with the aftermath. Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Some examples of personal injury include: Car and truck accidents Motorcycle accidents Slip and fall accidents Dog bites Boating accidents Home accidents Medical malpractice Wrongful death There are many questions to ask when hiring a personal injury attorney to represent your rights. Many personal injury accidents involve insurance companies, which often have a lot of legal resources. To level the playing field, it’s helpful to have your own team of experts when dealing with insurance companies, whether your own carrier or the carrier of the other party. Bottom line: insurance companies will protect their own interests first. It’s also important to have the right medical team handling your injuries. A personal injury attorney will be knowledgeable about laws in the state and help get you the right medical experts who will be able to explain how your injuries could impact you in the future. An attorney can also spend the time to request medical records, review police reports, communicate with the insurance adjuster and be objective while you may be hurt, frustrated and angry. Attorneys also have many tools to pursue a fair settlement, including arbitration, mediation or even trial. Questions to Ask When Hiring a Personal Injury Attorney The questions to ask when hiring a personal injury attorney should include several aspects such as education, legal skill and experience. The attorney you retain should have a proven record of winning cases similar to yours and should be willing to thoroughly explain his or her recommendations based on the specific details of your case. In addition to experience, does the attorney you are considering have certifications and industry endorsements, such as the Florida Bar Association’s Board Certification? Peer reviews such as The Martindale-Hubbell Bar Registry, which has peer review ratings of more than 1 million lawyers across the country, The Best Lawyers in America), which are selected by peers, and Super Lawyers, which have attained a high degree of peer recognition and professional achievement are a few to look for. It’s important that you feel comfortable with the attorney you hire, and confident that your interests will be a top priority – comfortable enough to bring your questions to ask when hiring a personal injury attorney. Who will do the work on my case? Will your initial consultation be with an attorney, or with a non-attorney staff member? It’s important to meet the attorney who will be working on your case and ask them about how communication will be handled and what level of access you will have to them. Are client reviews available? They can help you see the experience through a client’s eyes. What is your level of courtroom experience? Despite what television and films might portray, most civil cases do not go to trial, so why is it important to seek an attorney with trial experience? The prospect of a potential trial will have significant impact on your case and its value. If the insurance company knows your lawyer doesn’t typically go to trial, they may offer less. It’s more effective if negotiations reflect the fact that an unsatisfactory settlement offer may result in taking the case to trial. What is my case worth? There is no tried and proven formula to determine exactly how much a case is worth and it may depend on several factors including: how the evidence is received and evaluated by a jury; whether or not there are any inconsistencies in testimony; the availability of medical records; pre-existing conditions and other factors that would allow the insurance company’s lawyer to attack the credibility of the injured party. Under the law, plaintiffs in personal injury cases are entitled to both economic and non-economic damages. These include: Past medical bills Future medical bills Past lost wages Loss of future earning capacity Pain and suffering Inconvenience Loss of capacity to enjoy life Mental anguish Disability Disfigurement Because every case is different, even with all the information, it is very difficult for anyone to establish an exact figure as to the net worth of a case. But, typically, a range of value can be determined. What are the attorney’s fees and costs for a personal injury case? Fees in a personal injury case are contingent upon the financial recovery in your case. The fees are in accordance with guidelines set by the Florida Supreme Court. If there is no recovery, there is no fee. Therefore, lawyers share a common objective of obtaining a favorable result in your case. Make sure your financial arrangement is clearly and fully explained at the initial interview as well as during pursuit of the case. Why must I pay “costs” in my case? In Florida, a lawyer or law firm is not permitted to obtain a financial interest in the client’s case. To ensure this does not happen, Florida Bar rules governing the conduct of lawyers allows a law firm to advance the costs of a case or litigation, but the client must remain responsible to the law firm to reimburse the costs of the matter. Depending on the type of case involved, costs can be minimal or can run into thousands of dollars if complex litigation is involved. In cases that are settled before a lawsuit is filed, the costs are much less. Costs can include: Court filing fees Expert witness fees Administrative fees Information-gathering expenses In certain cases, these expended costs can be recovered from the insurance company directly. What is the level of experience of the firm? Experience is one of the most important factors to consider when choosing an attorney. With experience, a personal injury attorney will be able to anticipate problems before they occur, and effectively defend arguments against a victim’s compensation. Any potential personal injury case requires a detailed understanding of the facts, the processes and the law. If an accident has impacted your life — and someone else is liable for that injury — then you may be entitled to compensation. Hopefully this has helped you better understand the questions to ask when hiring a personal injury attorney. For a consultation, give us a call.

Lee and Collier counties top the list as the most high-trafficked spots for dangerous boating accidents in Florida, according to the Florida Fish & Wildlife Division. Dangerous Boating Accidents: Statistics A study of 2019 accidents by the Florida Fish and Wildlife Conservation Commission’s Law Enforcement division of boating accident statistics showed that 61% of accidents happened in 10 Florida counties. Lee County ranked fourth and Collier County ranked ninth in that list. During 2019 in Florida, there were 29 fatal boating accidents, 191 accidents with injury and 223 accidents without injury. Of the 65 boating accidents reported in Lee County in 2019, most of them happened near the Punta Rassa boat ramp at the mouth of the Caloosahatchee River. In 2019, Lee County had nine fatal boating accidents, 20 accidents with injury and 18 accidents without injury. The two primary causes of dangerous boating accidents in Lee County in 2019 were distraction (11 accidents) and excessive speed (eight accidents). Operator inexperience and alcohol use resulted in six accidents each. Most of the accidents were collisions with other boats or a fixed object. Collier County had no fatal accidents, 10  accidents with injuries and 11 accidents without injuries in 2019. Lack of attention and operator inexperience were tied at five accidents each, also primarily collisions with another vessel or fixed object. No dangerous boating accidents in Collier County in 2019 were attributed to alcohol use. Why Dangerous Boating Accidents Matter Understanding when and how boating accidents happen is increasingly important for law enforcement for the coming year. Like other outdoor pursuits during the pandemic, boating has increased, with boat rentals on the rise. In a survey by the marine industry, 70% of boat dealers reported retail growth during May. Used boat sales are also up, with 74% of dealers reporting sales growth in May. Boat and yacht listing websites like Boat Trader, YachtWorld, and boats.com increased their web traffic and leads, with a 56% increase in traffic and a 177% increase in leads over last year. Boating accidents typically increase during the summer months, but experts expect accident numbers may be even higher with more boats on the water. In addition, alcohol sales have increased during the pandemic. According to boatingundertheinfluence.org, a person boating while drinking is 10 times more likely to die than a sober boat operator. Motion, vibration, noise, sun, wind and spray intensify alcohol’s affects. Thirty-four percent of fatal boat accidents are alcohol related. Safe Boating Tips from the National Safety Council – Wear life jackets. About three-quarters of boating deaths are due to drowning and more than 80% of victims are not wearing a life jacket. Even good swimmers need them. – Take a safe-boating course and be familiar with state boating laws. – Get a free vessel safety check available from the U.S. Coast Guard Auxiliary. – File a float plan, so someone will know where you are planning to go and when you are expected to return. You can get a template here: http://floatplancentral.cgaux.org/. – Wear sunscreen and eye protection. – Exercise good judgment. Do not drink, watch for weather changes and follow navigational rules. Next Steps After a Boating Accident? In case of a boating accident with injuries, Florida law requires boaters to file a report with the Florida Fish and Wildlife Conservation Commission’s Division of Law Enforcement or local police within 48 hours of the accident. Boating accidents have a different set of laws than accidents that take place on land, with different filing deadlines and pleading requirements. Another difference in how your claim will be treated is if you are a guest or employee on the boat. While not all cases are going to be the same, you may be entitled to payment of your medical bills, lost wages as well as pain and suffering damages. The road to recovery after a boating accident can be long and challenging. If you have been in a boating accident, it is important that the proper authorities are notified, and your medical needs are addressed. When you are involved in a boating accident, you should not talk about the accident with anybody other than your attorney. About the Author Christopher Smith is a managing partner at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. If you have been in a boating accident, it is important that you hire an experienced local law firm that understands boating accident cases and can maximize your recovery.

Car accidents can have a significant impact on a person’s life, leading to physical injuries, emotional distress, and financial hardships. If you’ve been involved in a car accident in Florida, navigating the complex legal process to seek compensation can be overwhelming. Hiring a personal injury lawyer can provide essential guidance and support during this challenging time. In this article, we’ll explore the benefits of hiring a personal injury lawyer for your car accident case in Florida. Experience in Personal Injury Law One of the primary advantages of hiring a personal injury lawyer is their specialized knowledge and experience in Florida’s personal injury laws. Personal injury lawyers are well-versed in the intricacies of these laws, which can vary significantly from state to state. They understand the legal requirements for proving fault, negligence, and liability, which are crucial elements in a car accident case. Thorough Investigation A skilled personal injury lawyer will conduct a thorough investigation of the car accident to gather essential evidence. This may include obtaining accident reports, analyzing medical records, interviewing witnesses, and consulting accident reconstruction experts if necessary. This meticulous approach helps build a strong case and ensures that no critical details are overlooked. Accurate Valuation of Damages Determining the full extent of your damages is essential to secure fair compensation. A personal injury lawyer can accurately assess the value of your case by considering medical expenses, lost wages, property damage, pain and suffering, and potential future costs related to your injuries. Their experience allows them to negotiate effectively with insurance companies and opposing legal teams to ensure you receive a just settlement. Skillful Negotiation Insurance companies often attempt to settle claims for the lowest possible amount. Personal injury lawyers are skilled negotiators who understand the tactics used by insurers to minimize payouts. With a lawyer on your side, you’re more likely to achieve a favorable settlement that reflects the true value of your case. If negotiations break down, your lawyer can also guide you through the process of pursuing a lawsuit. Legal Filing Deadlines and Procedures Navigating the legal system can be complex, with various deadlines and procedures that must be adhered to. Failing to meet these requirements can jeopardize your case. A personal injury lawyer is well-versed in the legal processes and ensures that all paperwork is filed accurately and promptly. This attention to detail helps prevent delays and ensures your case progresses smoothly. Reduced Stress and Peace of Mind Recovering from a car accident can be physically and emotionally taxing. Dealing with legal complexities while trying to heal can add unnecessary stress. Hiring a personal injury lawyer allows you to focus on your recovery while they handle the legal aspects of your case. This peace of mind can contribute to a smoother healing process. When faced with the aftermath of a car accident in Florida, enlisting the services of a personal injury lawyer can provide invaluable benefits. From their in-depth legal knowledge to their negotiation skills, these professionals are dedicated to securing the compensation you deserve. By partnering with a personal injury lawyer, you can navigate the complexities of the legal system with confidence, knowing that your best interests are being safeguarded. How can Goldstein, Buckley, Cechman, Rice & Purtz, P.A help you on Car Accident Cases in Florida At Goldstein, Buckley, Cechman, Rice & Purtz, P.A., we understand the challenges and complexities that individuals face when dealing with car accident cases in Florida. Our experienced team of dedicated personal injury lawyers is here to provide you with comprehensive assistance and unwavering support throughout every step of your legal journey. Here’s how we can help you navigate the aftermath of a car accident: Experience in Florida Car Accident Laws: Our firm boasts a deep understanding of Florida’s intricate car accident laws and regulations. We stay up-to-date with the latest legal developments to ensure that your case is handled with the utmost precision and adherence to relevant statutes. Thorough Investigation: Our team will conduct a meticulous investigation into the details of your car accident. We gather vital evidence, including accident reports, witness statements, medical records, and expert opinions, to build a compelling case that showcases the true nature of the incident and the resulting damages. Accurate Evaluation of Damages: Determining the full extent of your damages is a critical aspect of obtaining fair compensation. Our skilled attorneys will work closely with you to assess medical expenses, lost wages, property damage, and intangible losses like pain and suffering. This comprehensive evaluation helps us negotiate effectively with insurance companies and ensures you receive a just settlement. Skillful Negotiation: We have a proven track record of skillful negotiation with insurance companies and opposing legal teams. Our goal is to secure a settlement that aligns with the true value of your case. If negotiations stall, we are fully prepared to take your case to trial to fight for the compensation you deserve. Navigating Legal Procedures: The legal process can be complex and daunting, but we have the knowledge and experience to navigate it seamlessly. We will handle all the necessary paperwork, filings, and deadlines to ensure that your case progresses smoothly through the legal system. Client-Centered Approach: At Goldstein, Buckley, Cechman, Rice & Purtz, P.A., our clients are our top priority. We provide personalized attention and guidance tailored to your unique circumstances. Our compassionate team is here to answer your questions, address your concerns, and provide you with the support you need during this challenging time. Reduced Stress: Dealing with the aftermath of a car accident can be overwhelming, both physically and emotionally. By entrusting your case to us, you can focus on your recovery and well-being while we handle the legal complexities on your behalf. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is your dedicated partner in navigating car accident cases in Florida. With our extensive legal knowledge, commitment to excellence, and unwavering dedication, we are here to ensure that your rights are protected, and you receive the compensation you rightfully deserve. Your well-being is our priority, and we are here to provide you with the guidance and representation you need to move forward after a car accident.

Burn injuries are expensive and traumatic to treat. Even a first-degree burn, the lowest level of injury, can become infected. Burns can be extremely painful and can lead to permanent, severe scarring. Burn Awareness Week, Feb. 2-13, is sponsored by the American Burn Association to share burn awareness information and prevention. The National Fire Protection Association notes that every 60 seconds, someone in the U.S. gets a burn that requires treatment. The University of Rochester Medical Center notes most burn accidents happen at home. More than 300 children under 19 are treated for burns daily, according to the Centers for Disease Control (CDC). Also, two children die each day because of burns. Some causes of burns at home include defective products, faulty electrical wiring or burns from household chemicals. Three-quarters of burn injuries in children can be avoided. Burn Injuries Heat, chemicals, electricity or radiation cause burns. Burn injuries are classified as first-, second-, third- and fourth degree, depending on how deeply they damage the skin. The severity of the burn is not based on its cause. For examples, scalding, a burn caused by a hot liquid or steam can cause all level of burns, depending on the length of time and how hot the liquid is that contacts the skin. Water heaters that are set too hot can create scalding injuries. The Saint Barnabas Medical Center recommends setting water heaters at 120 degrees Fahrenheit. Chemical and electrical burns can do internal damage, even if the external damage appears minor. Electrical burns can be from electrical sources or lightning. Chemical burns are from contact with household or industrial chemicals that can be in liquid, solid or gas. Dry ice can even cause burns! In addition to the burn itself, complications are often likely for burns, particularly third-degree burns and higher. Blood loss and shock, in addition to infections such as tetanus, are possible. Despite their association with heat, burns can also cause hypothermia because loss of body heat from the injury. When Burn Injuries Happen Burns can cause swelling, blistering, scarring, shock, and even death in severe cases. Treatment for burns depends on the cause of the burn, how deep it is, and how much of the body it covers. Antibiotic creams can prevent or treat infections. For more serious burns, treatment can require skin grafting, I.V. fluids, antibiotics and pain management. In addition to treatment of the physical impact of burns, it is important to consider emotional needs. Resource such as Burn Survivor Assistance offer support for burn victims. First- and second-degree burns rarely scar if properly and quickly treated. Extensive damage from severe second-degree and third-degree burns can lead to problems in deep skin tissues, bones and organs. People with these burns may require surgery, physical therapy, rehabilitation or lifelong assisted care. Burn Injuries That Are the Fault of Others Burns injuries can have several causes and may be the fault of others, including: Scalding from contact with boiling water, oil or grease. Food service workers, road crews and construction workers can be injured in this way. A burn associated with an open flame or an explosion that sparks a fire can happen with a car accident. An explosion of a gas or other chemical often produces a severe burn. Electric burns are often caused by faulty wiring. Defective products can result in burn injuries because an error in the process of making the project, such as wiring that is not connected properly. Also, can be designed to dangerous, such as a part that gets too hot next to a chord, causing a fire. Additionally, products that have risks must warn consumers of dangers. Defective consumer products that may lead to burn injuries include: Batteries and battery-powered products Kitchen appliances Heaters Electric blankets Cleaning chemicals Vaping devices and e-cigarettes Flammable clothing, camping equipment and household items The Federal Hazardous Substances Act (FHSA) requires precautionary labeling on hazardous household product containers. The labels must identify the potential hazards and how users can protect their families. Personal Injury Suits from Burn Injuries People who have been burned by the fault of another are entitled to compensation for their expenses. Burns caused by workplace injuries, faulty consumer products, arson or any accident caused by negligence can result in a personal injury case. Major burns often have expensive medical bills and post-treatment. Because of the possibility of disfigurement in severe cases, compensation can be for emotional as well as physical pain. Medical expenses, loss of income/wages, potential future loss of earnings, and compensation for future pain, disability and emotional trauma are damages burn victims can receive. Here are examples of personal injury burn suits that resulted in judgements: A hospital bed caught fire due to a product design defect. A highly flammable skirt caused third-degree burns and permanent scarring. A hotel with its hot water heater set too high caused second-degree burns in the bathtub. A woman suffered third-degree burns from scalding hot coffee at McDonald’s restaurant. An overfilled propane tank for a barbeque grill ignited. If you or someone you know has suffered a burn injury, be sure to meet with our burn injury attorney who can review your injury and surrounding circumstances and advise you.