Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

Motorcycle accidents can be devastating, resulting in severe injuries, emotional trauma, and financial stress. When faced with such a situation, it’s crucial to have a skilled and experienced attorney by your side to navigate the legal complexities and help you secure the compensation you deserve. In Fort Myers, Florida, Goldstein, Buckley, Cechman, Rice & Purtz, P.A. stands out as a trusted and reliable law firm that specializes in personal injury cases, including motorcycle accidents. In this article, we’ll guide you through the process of choosing the right motorcycle accident attorney in Fort Myers and explore the essential qualities to look for. Experience Matters Dealing with motorcycle accident cases requires a deep understanding of the unique challenges and nuances associated with these incidents. Look for attorneys who have a proven track record of handling motorcycle accident cases successfully. The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. have decades of combined experience in personal injury law, making them well-equipped to handle even the most complex motorcycle accident cases. Specialization in Motorcycle Accidents While many attorneys handle various types of personal injury cases, it’s preferable to work with a legal team that specializes specifically in motorcycle accidents. These cases often involve distinct factors, such as the dynamics of motorcycle operation, helmet laws, and understanding the biases that can sometimes arise against motorcyclists. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. has a dedicated team that focuses on motorcycle accident cases, ensuring that they have the expertise required to effectively represent their clients. Local Knowledge and Presence Choosing a motorcycle accident attorney who is familiar with the local laws and regulations in Fort Myers is essential. They should also have a strong presence in the local legal community and be familiar with the local courts. Attorneys who are well-connected and respected in the area are better positioned to negotiate and advocate on your behalf. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. has been serving the Southwest Florida community for over 50 years, establishing a strong reputation for their legal expertise and commitment to their clients. Personalized Attention Every motorcycle accident case is unique, and the right attorney should treat it as such. Avoid law firms that treat clients as mere case numbers. Instead, seek out attorneys who prioritize personalized attention and take the time to understand your specific situation, needs, and goals. The team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is known for our compassionate approach and dedication to building strong attorney-client relationships. Proven Results A reputable motorcycle accident attorney should be able to provide evidence of their successful outcomes in similar cases. This could include significant settlements or verdicts obtained on behalf of their clients. Take the time to research the firm’s past results and client testimonials to gauge their effectiveness and commitment to achieving positive outcomes. Transparent Communication Effective communication is a cornerstone of any successful attorney-client relationship. Look for an attorney who communicates clearly and regularly updates you on the progress of your case. Transparent communication helps alleviate your concerns and ensures that you’re always aware of the developments in your case. Free Consultation A reliable motorcycle accident attorney understands the importance of building trust from the outset. Many reputable law firms, including Goldstein, Buckley, Cechman, Rice & Purtz, P.A., offer free initial consultations. This gives you the opportunity to discuss your case, understand your legal options, and assess whether the attorney is the right fit for your needs. Resources and Support Motorcycle accident cases often require a significant amount of resources, including expert witnesses, accident reconstruction specialists, and medical professionals. A well-established law firm should have the resources and connections necessary to strengthen your case and provide you with the support you need. Contingency Fees Finances can be a concern after a motorcycle accident, which is why many reputable attorneys work on a contingency fee basis. This means that you only pay legal fees if the attorney successfully recovers compensation for you. It aligns the attorney’s interests with yours and ensures that they are motivated to achieve the best possible outcome. Trust Your Instincts Ultimately, choosing the right motorcycle accident attorney is a personal decision. Trust your instincts and choose an attorney you feel comfortable with and confident in. Your attorney should not only be skilled and experienced but also someone you can trust to advocate fiercely for your rights and interests. Navigating the aftermath of a motorcycle accident involves more than just choosing the right attorney. It’s also important to understand the legal landscape surrounding motorcycle accidents in Fort Myers, Florida. Being informed about the state’s laws and regulations can empower you to make informed decisions as you work towards seeking compensation for your injuries and damages. Helmet Laws Florida law requires all motorcycle riders and passengers under the age of 21 to wear helmets. However, if you are over 21 and have at least $10,000 in medical insurance coverage, you can legally ride without a helmet. Despite these regulations, wearing a helmet is a crucial safety measure that can significantly reduce the risk of head injuries in the event of an accident. Comparative Negligence Fort Myers, like much of Florida, follows a comparative negligence rule when it comes to personal injury cases, including motorcycle accidents. Comparative negligence means that even if you were partially at fault for the accident, you may still be eligible to receive compensation. However, the amount you’re entitled to can be reduced by the percentage of your own negligence. For instance, if you were found to be 20% at fault, your compensation would be reduced by that amount. Statute of Limitations In Florida, there is a statute of limitations that determines how long you have to file a personal injury lawsuit, including motorcycle accident cases. Generally, the statute of limitations is four years from the date of the accident. Failing to file your lawsuit within this time frame could result in your case being dismissed, and you may lose the opportunity to seek compensation. No-Fault Insurance Florida is a no-fault insurance state, which means that after a motorcycle accident, you typically turn to your own insurance company for compensation for medical expenses and lost wages, regardless of who was at fault. However, if your injuries meet certain criteria, you may be able to step outside the no-fault system and file a lawsuit against the at-fault party for damages that go beyond what your insurance covers. If you or a loved one has been involved in a motorcycle accident in Fort Myers, Florida, don’t wait to secure the legal representation you need. Our team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is committed to helping you navigate the complexities of your case and fighting for the compensation you deserve. With our extensive experience, dedication to our clients, and proven track record, we are the right choice for your motorcycle accident legal needs. Contact Goldstein, Buckley, Cechman, Rice & Purtz, P.A. today to schedule a free consultation and take the first step towards securing your future after a motorcycle accident.

Goldstein, Buckley, Cechman, Rice & Purtz hosted a recent donation to Eva’s Closet during a drive from March 25 to April 15. The donation supports their mission to provide assistance to people in need, regardless of situation or circumstance, without judgement. Kudos to everyone who was involved in the organization of these donations on behalf of the firm. Learn more about this worthy cause.

Legal Assistant Emily Miller has a heart for helping the homeless. She recently made good use of a spare office to collect items for donation. The goal? Helping the homeless veterans through the Cape Coral office of U.S. Department of Veteran Affairs. Through coupons, in a couple months, she was able to collect $4,300 worth of food, self-care and other products. Helping the Homeless Miller, who has been with Goldstein, Buckley, Cechman, Rice & Purtz for 10 years, started couponing for herself about two years ago. She became so good at couponing, she began sharing excess deals with friends. “It starts to accumulate over time,” she said, so she decided to collect items the homeless might need. “You can get things for pennies on the dollar. It does get time consuming with the planning and driving. My biggest investment is time.” The only drawback? With a sleeve full of coupons, she’s that person slowing down the grocery line. “They can heckle me all they want. I’m helping people.” Want to get involved with helping the homeless? Contact Frank Jones at (239) 652-1800, ext. 20551.

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.

Being involved in a car accident can lead to a wide range of injuries, and one of the most common types is whiplash. Whiplash occurs when the neck and head are suddenly jerked back and forth due to a sudden impact, causing strain on the neck muscles, ligaments, and tendons. In some cases, individuals who suffer from whiplash may also have pre-existing conditions that can complicate their claims process. If you’re in Port Charlotte and facing such a situation, Goldstein, Buckley, Cechman, Rice & Purtz, P.A is here to guide you through the complexities of handling pre-existing conditions when filing a whiplash claim. Understanding Pre-Existing Conditions A pre-existing condition refers to a health issue that you already had before the accident occurred. These conditions can range from minor injuries to chronic illnesses. When it comes to filing a whiplash claim, it’s important to understand how pre-existing conditions can impact your case. Insurance companies often scrutinize these claims more closely, and they may argue that your injuries were not solely caused by the accident but were instead aggravated by your pre-existing condition. Challenges and Misconceptions One of the common challenges faced by individuals with pre-existing conditions when filing a whiplash claim is the misconception that they aren’t entitled to compensation. However, the law protects accident victims with pre-existing conditions as well. If the accident worsens your pre-existing condition or causes new injuries, you may still be eligible for compensation. Steps to Take Navigating the complexities of a whiplash claim with a pre-existing condition requires careful steps and considerations. Here’s what you should do: Seek Medical Attention: After the accident, it’s crucial to seek medical attention immediately, even if you believe your pre-existing condition wasn’t affected. A medical evaluation will help establish a clear connection between the accident and any new injuries or aggravations. Document Your Medical History: Provide your healthcare provider with a comprehensive medical history, detailing your pre-existing conditions, past injuries, and any ongoing treatments. This documentation will help establish a baseline for your health before the accident. Consult an Attorney: Enlisting the help of a skilled personal injury attorney is essential. The experienced team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A specializes in handling whiplash claims involving pre-existing conditions. They can guide you through the legal process, ensuring that your rights are protected and you receive the compensation you deserve. Gather Evidence: Collect as much evidence as possible to support your claim. This includes accident reports, photographs, witness statements, and any medical documentation that links your injuries to the accident. Communicate with Insurers: Be prepared to communicate with insurance adjusters, but it’s advisable to let your attorney handle these discussions. Insurance companies may attempt to downplay the impact of your injuries, especially if you have a pre-existing condition. Avoid Settling Quickly: Insurance companies might pressure you to settle quickly. However, it’s important to fully understand the extent of your injuries, especially if they have worsened your pre-existing condition. Premature settlements could result in inadequate compensation. Proving Causation One of the critical aspects of handling a whiplash claim with a pre-existing condition is proving causation. Your attorney will work to establish a clear link between the accident and the aggravation of your pre-existing condition or the development of new injuries. This requires solid medical evidence, expert testimony, and a comprehensive understanding of your medical history. Statute of Limitations Keep in mind that there’s a limited time frame, known as the statute of limitations, within which you can file a personal injury claim. In Port Charlotte, Florida, this timeframe is typically four years from the date of the accident. Failing to file within this period may result in the forfeiture of your right to seek compensation. Working Towards Fair Compensation When dealing with a whiplash claim that involves a pre-existing condition, your goal is to ensure fair compensation for the injuries and damages you’ve experienced. The process might seem overwhelming, but with the right approach and mindset, you can improve your chances of a successful outcome. Be Open and Transparent Honesty is key throughout the entire process. Be open and transparent about your pre-existing condition, past injuries, and medical history. Hiding or misrepresenting information can seriously harm your case and credibility. Your medical records, treatment plans, and doctor’s opinions are crucial elements in building a strong claim. Provide all necessary documentation to your attorney so they can craft a compelling case on your behalf. Understanding Comparative Negligence In Florida, the legal principle of comparative negligence applies to personal injury cases, including whiplash claims. This means that even if you have a pre-existing condition, you may still recover damages from the other party if they were partially responsible for the accident. However, your compensation could be reduced by the percentage of fault assigned to you. For example, if you’re found 20% responsible and are awarded $10,000, you’ll receive $8,000 (80% of the total) after accounting for your share of the fault. Importance of Medical Documentation Medical records play a crucial role in establishing the extent of your injuries and their impact on your pre-existing condition. Ensure that you follow your doctor’s recommended treatment plan, attend all appointments, and diligently document your progress. This documentation not only aids your medical recovery but also provides valuable evidence for your claim. Suffering from a whiplash injury, especially when you have a pre-existing condition, can be a daunting experience. However, you don’t have to navigate this process alone. The legal team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A is dedicated to helping individuals in Port Charlotte overcome the challenges associated with filing a whiplash claim involving pre-existing conditions. By following the steps outlined above and seeking the expertise of experienced attorneys, you can ensure that your rights are protected, and you receive the compensation you deserve. If you’re facing a whiplash claim with a pre-existing condition, don’t hesitate to contact us today for a consultation. Our compassionate team is ready to provide the guidance and support you need to navigate this complex legal journey. Remember, you have the right to seek compensation for your injuries, and we’re here to help you every step of the way.

At this time of year, it’s likely that children are dreaming of toys and not sugar plums. Gifts and toys should inspire joy, not injuries. The best toy gifts are fun and provide enjoyment. Unfortunately, that is not always the case. In 2017, the latest statistics available, there were 251,700 estimated emergency department-treated injuries associated with toys. World Against Toys Causing Harm, Inc. (WATCH) reports one child is treated in U.S. emergency rooms every three minutes for a toy-related injury. For 47 years, WATCH has released its nominations for the 10 worst toys this holiday season. Highlighted this year were projectile toys that could fire with enough force to potentially cause eye injuries and toys that encourage children to jump or ride with the potential for head injuries. See this year’s list at toysafety.org. Gifts and Toys Should Inspire Joy, Not Injuries The American Academy of Pediatrics and the U.S. Consumer Product Safety Commission offer these tips to consider when gifting toys: Toys are age-rated for safety, not for children’s intellect and physical ability, so be sure to choose toys in the correct age range Choose toys for children under 3 that do not have small parts, which could be choking hazards For children under 10, avoid toys that must be plugged into an electrical outlet Be cautious about toys that have button batteries or magnets, which can be harmful or fatal if swallowed When giving scooters and other riding toys, give the gift of appropriate safety gear, too; helmets should always be worn, and they should be sized to fit. Also be sure to consider supervision. Just because a toy is labeled with age-appropriate guidelines does not mean children should not be supervised when playing with it. Children are inventive and may come up with uses other than those intended and without supervision, and injuries may occur. In addition to poor supervision, toy-related injuries can originate from toys sold with flaws or defective parts. Possible injury from toys include: Lacerations or cuts from sharp edges Strangulation from cords, laces or straps Choking from small pieces or parts Hearing impairments from loud toys Suffocation due to improper use Toys can also be recalled, so it is important to keep up with safety recalls. With internet shopping expected to account for 59% of holiday spending based on a holiday survey by Deloitte, shoppers need to know safety hazards to watch out for when making online purchases. E-shoppers should beware of recalled toys or toys with deadly track records, whether making retail or consumer-to-consumer purchases. Learn more about product recalls at safekids.org/product-recalls. Safe Kids compiles product recalls specific to children and sends twice-monthly e-mail alerts for recent recalls. Information is also available at the U.S. Consumer Product Safety Commission (CPSC). There is some good news in toy safety. According to the CPSC, many toys are being rejected at the ports before even getting to the market. In 2008, 172 toys were rejected at the port, 19 of them because of use of lead. In 2018, 18 toys were rejected, two because of lead. A new CPSC global system to make toys safer means: Toys are now tested by independent, third-party testing laboratories around the world CPSC and U.S. Customs and Border Patrol are at the ports, stopping toys that violate U.S. standards before they reach children’s hands. Enjoy this season of giving and the joy that toys bring by preventing toy-related injuries. If toys have caused harm because they’re unsafe, seek advice from attorneys experienced in personal injury. ABOUT THE AUTHOR Attorney Jeffrey Rice, of Goldstein, Buckley, Cechman, Rice & Purtz, emphasizes his practice on commercial and construction law, construction lien cases and real-estate law. He has been named one of Florida’s “Super Lawyers” annually since 2006.

Stay safe this holiday season. You are probably already making lists of things that need to be done during the hectic holiday season that seems to start earlier and get busier every year. I’m not being Scrooge when I say you might also want to make a list of things to watch out for this holiday season. According to the Bureau of Transportation Statistics, the Thanksgiving and Christmas/New Year’s holidays are among the busiest travel periods during the year. For Thanksgiving planning, it’s important to note there’s another black day to think about in addition to Black Friday. It’s Blackout Wednesday, the Wednesday before Thanksgiving. This Wednesday has also become known as Drinksgiving, because it’s often when college students and other people heading out for a four-day weekend start their celebration by drinking. It’s the beginning of the most dangerous season on the roads, as alcohol-related crash numbers stay high until New Year’s Day. Stay Safe This Holiday Season According to the National Highway Traffic Safety Administration (NHTSA), 528 people were killed in drunk driving crashes during the Thanksgiving holiday in 2017, the latest statistics available. Additionally, one-third of all fatalities during the Thanksgiving holiday involve drunk drivers. Then there’s Black Friday and the shopping ramp up to Christmas. Black Friday injuries are not uncommon in the frenzy of people rushing into stores to snap up deals. The first Black Friday death came in 2013, when shoppers in Long Island trampled a Walmart employee to get to items on sale. While stores have a responsibility to make sure no hazards can cause injury to customers, they are also responsible for keeping shoppers under control. The Occupational Safety and Health Administration (OSHA) has issued crowd control guidelines for all stores to follow that include: Setting up barricades or rope lines to handle crowd management Preparing the staff for the opening of the store Staffing entrances with uniformed guards, police or other authorized personnel Locating sale items in different parts of the store to prevent overcrowding Provide crowd and entry management measures at all entrances In addition, retailers are responsible to do their best to make sure shopping is the safest it can be. Even so, OSHA reports that 9 out of 10 customer accidents result from some form of negligence on the part of the storeowner. According to the National Retail Federation, the most common store accidents include: Wet floors – Floors may be wet from spills or from rain near the entrance. Dirty floors – Floors may have trash or fallen merchandise on them. Improper signage – Recently mopped floors may not have the proper “Wet Floor” signs. Merchandise/displays – Many times the aisles are filled with displays of stacked merchandise that could fall causing injuries. Elevators/escalators – Defective or malfunctioning escalators and elevators could result in personal injuries. Cracked or broken flooring – Uneven flooring could result in someone slipping and falling. If you are injured while shopping, you will need evidence to prove negligence. It’s important to do the following: Seek immediate medical help, even if you believe you didn’t suffer serious injuries Call the manager or storeowner and ask to complete a department store incident report and ask for a copy. Get the contact information for any witnesses to the incident Take photographs or video of the scene of the accident Keep all clothing and any personal belongings from the time of the accident, as they may be necessary as evidence. Being aware of the possible risks during the holidays is a good way to be proactive and make your season safer. No one should have to deal with an accident during the holiday season, especially one caused by negligence. If you or a loved one are injured due to a shopping or a car accident, seek advice from attorneys experienced in personal injury cases and premise liability laws. About the Author Richard L. Purtz, managing partner of Goldstein, Buckley, Cechman, Rice & Purtz, emphasizes personal injury, wrongful death and insurance claims litigation. He is rated “AV” Preeminent  Civil Trial Attorney, which is the highest ranking under the  Martindale-Hubbell  Peer Review Rating system and is listed as one of Florida’s “Super Lawyers.”

The sheer number of truck accidents in the United States and Florida make accidents with passenger cars likely. With 164,000 miles of the national highways, millions of semi-trucks weighing over 10,000 pounds drive with cars daily. Most truck drivers drive safely. But there’s always room for improvement when it comes to driving on the highways. Large trucks often weigh 20-30 times more than cars. As a result, people in cars are most likely to die in crashes with trucks. In addition, trucks are taller, which means that smaller vehicles can slide beneath, often with deadly results. According to the National Highway Traffic Safety Administration (NHTSA), 4,678 people died in 2018 in truck accidents. It was the fourth year of increases. Nearly 70% of those killed in truck accidents were in cars. Also, 15% of deaths were walking, on bicycles or riding motorcycles. In all, trucks were involved in 11% of all motor vehicle crash deaths. Causes of Truck Accidents Truck accidents in the United States and Florida happen for many reasons. According to the Federal Motor Carrier Safety Administration, the following are some of the most common issues: Brake problems. Heavy tractor-trailers take 20-40 times longer to stop than a car. Poor road conditions or brake maintenance can make stopping more difficult. Traveling too fast for road conditions Distracted driving Impaired driving, including alcohol and over-the-counter medication Reckless driving Driver fatigue is responsible for about 30% of all truck accidents. Federal rules only allow truck drivers to drive 11 hours straight, however drivers say that these are often not followed. If You’ve Had Truck Accidents in the United States When a truck accident happens to you, you feel like anything but a number. If you have been involved in an accident involving a large semi-truck, it is important to seek legal advice. An attorney can determine whether truck accidents  in the United States were the result of driver or employer negligence. The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have nearly 60 years of legal experience dealing with personal injuries. Contact us today to schedule a free consultation.

Law Firm Collects Toys for Toys for Tots For the 13th year, the Goldstein, Buckley, Cechman, Rice & Purtz office collects toys for Toys for Tots to be distributed by the U.S. Marine Corps Toys for Tots Foundation. Toys will be collected until Dec. 15 when they will be picked up and distributed by Toys for Tots to approved local social welfare agencies, church groups and other organizations. “Supporting organizations within our community is within the core of Goldstein, Buckley, Cechman, Rice & Purtz and Toys for Tots is an exemplary example of an organization,” said Managing Partner Chris Smith. “It’s our privilege to be a part of the community, so we feel it’s important to give back.” During 2018, 10,960 children were supported with 38,090 toys distributed by Toys for Tots in Lee County. In Naples, 28,425 toys were distributed, supporting 5,338 children. The public is invited to bring new, unwrapped toys for newborn children to age 12 to any of the six Goldstein, Buckley, Cechman, Rice & Purtz offices. In addition, members of the firm also donate toys for the drive. The locations where Goldstein, Buckley, Cechman, Rice & Purtz collects toys for Toys for Tots: Fort Myers – Downtown: 1515 Broadway St., 239-334-1146 Fort Myers – McGregor: 2300 McGregor Blvd., 239-332-9437 Cape Coral – 461 Del Prado Blvd., 239-574-5575 Naples – 2590 Northbrooke Plaza Drive, Suite 105, 239-514-0924 Lehigh Acres – 4802 Lee Blvd., 239-368-6101 Port Charlotte – 2852 Tamiami Trail, Ste. 1, 941-624-2393 If it’s not convenient to shop for toys, monetary donations are accepted at www.toysfortots.org. About Goldstein, Buckley, Cechman, Rice & Purtz Goldstein, Buckley, Cechman, Rice & Purtz, P.A., has offered a full complement of 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, and estate planning and administration. With offices in Fort Myers, Cape Coral, Naples, Lehigh Acres and Port Charlotte, attorneys can be reached by calling 239-500-HURT.

‘Tis the season for charitable giving, supporting Toys for Tots and much more. Goldstein, Buckley, Cechman, Rice & Purtz ‘s collection of toys for the U.S. Marine Corps Toys for Tots Foundation wrapped up this month. The drive, supporting Toys for Tots and much more, yielded more than 150 toys collected to be distributed to approved local, social welfare agencies, church groups and other organizations for the holidays. It’s the 13th year the firm has been an official public collection point, but supporting Toys for Tots and much more has been happening at the firm for more than 35 years. “I’ve been at the firm since 1984, and I do not remember a time we weren’t supporting Toys for Tots,” said Carleen Menist, a legal assistant for partner attorney Richard Purtz. “I was always involved getting folks what they needed. People would bring me items, and I would find a home. We’ve always been involved. There is always a need. Always.” Janeé Broadway, marketing and events coordinator for the firm, said many of the toys donated this year came from members of the firm. “Our staff is incredibly generous,” she said. “The Toys for Tots boxes were overflowing before we announced the collection to the public!” Supporting Toys for Tots and Much More In addition to Toys for Tots, Menist says the firm has supported local sports teams with their fundraisers, the Community Cooperative Soup Kitchen, area schools with school supplies, area churches, the Shelter for Abused women, area Veterans and many more. “I don’t remember a time we weren’t giving,” she said. Giving extends to supporting employees. Menist said she started at the firm as a temporary secretary, and the firm helped her to advance in her career, paying for her education along the way. “They are very giving,” she said. “Books and all! No doubt, giving is the best feeling in the world.”

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.

Unsafe products are still sold online, even as internet shopping has become a way of life. The beauty of online shopping is you can shop the world. That is also the danger of online shopping. The question of product safety is still an issue, despite efforts to find and remove harmful products. How Products Online Can Harm Customers are harmed by products sold online in several ways including: Purchasing banned and recalled products Inadequate product labeling and safety warnings (including instructions provided in a foreign language). Buying products that do not meet safety standards Internet Product Safety Online shopping allows buyers to visit e-commerce platforms, websites, auction websites and social media. As a result, shoppers do not always to know who is making and shipping items, or for authorities to find unsafe products. Since 2001, Amazon.com expanded its network of third-party sellers from 6% to 50%. At least 40% of Amazon’s third-party suppliers are based in China, where counterfeit and dangerous products are common. Some examples of unsafe products sold online include smoke alarms that did not detect smoke and toys having lead and other harmful chemicals. Counterfeit batteries used in electronics have exploded. Shoppers have been able to buy small high-powered magnets online that are banned in Australia, New Zealand, Canada and the United States. Banned or Recalled Products Online According to Organisation for Economic Co-operation and Development (OECD), 68% of items that were banned or recalled were still offered online. In addition, 55% of 60 products did not meet product safety standards. In 2014, the U.S. Consumer Product Safety Commission (CPSC) found that 10 products sold online had been recalled in 2012 and 2013. The items included cameras, televisions, dishwashers, electric ranges and office chairs with risks for fire, burns, loose parts or skin irritation. Despite rules of the Food and Drug Administration and the CPSC, thousands of banned, unsafe and counterfeit items are still listed for sale through Amazon.com, eBay and other platforms. When buying products online from other countries, the United States Customs and Border Protection (CBP) considers buyers importers who are responsible for ensuring that products meet U.S., state and federal import rules, including product safety. That means buyer beware! How to Protect Yourself Tips to protect yourself from buying harmful products online include: Know who you are buying from. The more you know about the maker, the importer or the seller, the better. Learn what you should not buy. Visit local and international recall databases for unsafe products, such as the OECD’s GlobalRecalls portal, CPSC recalls and recalls.gov. Read safety warnings and instructions. Check how to use the product safely and if there are any age warnings. Any questions? Ask the seller for more information. Check ratings and reviews. Online customer ratings and reviews can show safety issues. Consider registering your product so you can be informed about recalls, software updates and safety information. Report product safety issues to the seller and contact any authorities. Consider writing a product review to alert others. What to do if Hurt by Unsafe Products Certainly, online shopping has been helpful and, in many ways, safer than in-person shopping during the pandemic. But if you or someone you know has been harmed by something bought online, you may have a defective product case and/or a case against the site where you purchased it. Our product liability and personal injury attorneys can help you.