Personal injury claims in Ft. Lauderdale

If you have been injured in an accident, the first thing to take care of is your health. Make sure you see a medical professional to make sure your injuries are addressed. Once that is taken care of, you may want to consider filing a personal injury claim. Adam Franzen, of the Franzen Firm, is an experienced personal injury lawyer who knows the Florida laws on personal injuries. He can help you recover compensation for your injuries.

However, since you are the one involved in the accidental injury, you will need to provide some information in order to proceed with the case:

• Evidence regarding the cause of the accident and what damage resulted from it. If you can take photographs that can depict this information, it would be very useful.
• Keep records of your medical bills, including doctor visits, hospital bills, lost work and wages.
• Names and contact information of any witnesses to the accident.
• Notes of any conversations with individuals who were involved in the accident.
• Notify the parties involved that you intend to file a personal injury lawsuit.

Just because you notify people of your intent to file a lawsuit, it does not mean that you must file a lawsuit. By giving notice, you only preserve your rights and prevent the other parties from defending against a lawsuit by arguing that you waited too long to inform them of your injuries. By notifying the other parties, you simply ensure that you can proceed with negotiations regarding settlement and arbitration at your own speed, without feeling rushed.

Types of Personal Injury Claims

Car accidentsrepresent the largest number of personal injury cases in the United States. When an accident happens, it is often because one or more involved parties aren’t following the rules of the road. A careless driver can (usually) be held financially and responsible for injuries stemming from a car accident.

Bicycle accidents are common in Florida for a number of reasons:

• wide and fast roadways
• lack of safety education
• bad drivers
• under-equipped bicyclists
• yearlong riding weather
• lagging infrastructure and laws

There are many Florida laws that pertain to riding a bicycle in Florida and how drivers need to interact with Florida bicyclists. After a Florida bicycle accident, it is important that you understand how these laws could impact your claim for damages.

Medical malpractice claims can arise when a doctor or other health care professional fails to provide competent and reasonably skilled care, and a patient is injured as a result.

Slip and fall cases are another very common type of personal injury case. Property owners (or, in some cases, those who are renting property) have a legal duty to keep their premises reasonably safe and free of hazards, so that people who are on the property do not become injured. The exact nature of a landowner’s legal duty varies depending on the situation and according to the law in place in the state where the injury occurred.

There are also other types of personal injury lawsuits; for example, defamation of character, e.g., slander and libel; dog bites; assault and battery. Contact Adam Franzen to request more information on your legal rights if you are considering filing a claim related to these injuries.

Deadlines for Filing a Personal Injury Lawsuit in Florida

Like every other state, Florida has a statute of limitations, which defines a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury.

Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida’s civil. If you don’t file your case within this time window, the court will very likely refuse to hear it at all. In rare cases, you may not “discover” that you actually suffered harm for some amount of time after the incident that caused the injury, and in those instances the lawsuit-filing window will be extended.

For injury claims against a city, county or state government, the time limit is three years.

Injury attorney Adam Franzen knows the Florida laws on personal injuries.

If you’ve been seriously injured, you will need an experienced personal injury attorney to negotiate a fair settlement, or to file a lawsuit on your behalf.

Don’t let the insurance companies try to convince you that you don’t have a claim! Our law firm can gather evidence to provide that your injuries are serious enough to qualify you for additional compensation through a lawsuit.

Adam Franzen knows the Florida laws on personal injuries and how to represent you if you are in an accident. Call Mr. Franzen at (954) 462-5790, or visit his website to learn more about how he can help you with your accidental injury cases.

What to do if you are involved in a bicycle accident

There are lots of bicyclists on the Florida roadways.  The chance of a collision between a motorized vehicle and bicycle is not great, but when they do occur, they can be more devastating and injurious to the bicyclists, who does not have the advantage of having tons of steel surrounding and protecting him/her.

Negotiations with the driver’s insurance company will always focus on which party was negligent, and to what degree. If the cyclist and the insurance company can agree on the question of negligence and the amount of damages, the case will be settled. If they cannot reach agreement, it will be necessary for the cyclist to prove that the driver was negligent in a court of law in order to recover compensation for the injuries received.

What to do if you are involved in a car-on-bike accident

It is always good to know ahead of time what to do in the event of a bicycle accident, especially one that involves a car or other motorized vehicle. Here are some tips to follow in the event you are involved in a bicycle collision:

1. Always wait for the police to respond to the accident scene so that an official report will be filed. Some cyclists do not realize that they have been injured until several hours after the accident. Seemingly minor injuries may develop into serious and permanent injuries. By then, it may be too late to identify the at-fault driver.
2. Do not attempt to negotiate with the at-fault driver. The driver may not give you accurate information about his or her identity, insurance coverage, or vehicle ownership. Many drivers who cause accidents will initially apologize and accept blame for the accident, but later, after they have had time to consider the ramifications of their negligence, will deny that they were negligent. They may even deny that they were present at the accident scene!
3. If an accident report is written, make sure that it’s accurate. The accident report will include the vehicle driver’s and bicyclist’s statements as well as all other witness statements. The responding officer may decide to ticket the driver, and this can be useful when trying to settle the case with the insurance company.
4. Regardless of whether an accident report is written, make sure that you have the vehicle driver’s name and contact info, as well as the names and contact info of any witnesses. If you are physically unable to gather this information, ask a witness to do it for you.
5. The accident scene should be investigated for information about how the accident occurred. The investigation should include obtaining skid mark measurements, photographing the accident scene, speaking with additional witnesses, and measuring and diagramming the accident scene.
6. Seek prompt medical treatment for your injuries. This is proof that you were in fact injured, and the medical records generated by the medical provider will help establish the extent of your injuries. Have several photos taken of your injuries, from different angles and under different lighting, as soon as possible after your accident. Keep a journal (injury diary) of your physical symptoms, starting immediately after the accident, and make entries every couple of days.
7. Leave your bike and other damaged property in the same state it was after the accident. Take photos of all your damaged equipment and accessories.
8. Do not communicate with the insurance company before consulting with an attorney. What you see as an effort on your part to communicate a fair and honest account of the accident will be seen by the insurance company as an opportunity to gather evidence in support of their argument that your negligence caused the accident.
9. Contact Adam Franzen of the Franzen Firm to represent you in your injury case. He understands the bicycle laws in Florida and how to represent you in your injury case. He has thorough knowledge and experience with:

• Bicycle traffic laws
• Negotiating bicycle accident cases with insurance companies
• Trying bicycle accident cases in court
• The prevailing prejudice against cyclists by motorists and juries
• The names and functions of all bicycle components
• The speed bikes travel as well as braking and cornering
• Bicycle handling skills, techniques, and customs
• How to get the full replacement value property damage estimates for your bicycle
• Establishing the value of lost riding time
• Leading bicycle accident reconstruction experts
• Licensed forensic bicycle engineers
• Establishing the value of permanent diminished riding ability

If you have bicycle injuries in Florida, contact Adam Franzen today.

There are many other questions you may have regarding the bicycle laws in Florida. If you are involved in a bicycle accident, call Adam Franzen at (954) 462-5790. Visit his website to learn more about how he can help you with your bicycle and other personal injury cases.

Bicycling in Florida

In Florida the bicycle is legally defined as a vehicle and the bicyclist is a driver. Bicyclists have the same rights to the roadways, and must obey the same traffic laws as the drivers of other vehicles. These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.

There is only one road and it is up to bicyclists and motorists to treat each other with care and respect. Adherence to the law is the foundation for this respect, but the law itself is simply a codification of the rules of movement that make all road users predictable to one another.

Tips to avoid accidents

There are things that both automobile drivers and bicyclists can do to avoid accidents. Some are pretty common sense; others are simple reminders that you are not alone on the roads.

8 tips for automobile drivers: Avoiding an accident with a bicyclist:

1. Drive at a speed that is safe for conditions. Slow down on wet or icy roads as you will need more time to come to a stop.
2. Be careful on two lane roads. A majority of accidents occur on these narrow roads where traffic is moving at a high speed.
3. Two-thirds of bicycle accidents nationwide occur in the late afternoon and evening due to poor visibility. Be especially careful in early morning and evening hours when glare on your windshield can impair your vision. Keep your windshield clear of dirt and waste.
4. Pull over to the side of the road, if you need to consult a map or talk on your cell phone, especially when cyclists are often present. Distracted driving is a significant cause of collisions involving bicyclists.
5. Don’t drink and drive.
6. Always check your mirrors and proceed slowly when backing out of driveways and parking lots. Almost 75% of all bicycle accidents nationwide occur at intersections and driveways.
7. Slow down when moving through an intersection, and always come to a complete stop at a stop sign. Watch for cyclists at other entrances to the intersection. Check your mirrors and blind spots for any cyclists behind or beside your vehicle when making turns.
8. Don’t assume that cyclists will give right-of-way.

12 tips for bicyclists: avoiding an accident with an automobile:

1. Keep in mind that not all drivers feel it is their duty to share the road with cyclists, and few drivers check their mirrors and blind spots as often as they should.
2. Failure to yield, riding against traffic, stop sign violations, and safe movement violations are the most common mistakes that bicyclists make to cause an accident.
3. Wear a helmet. Although this can not protect against an accident, it can protect you from serious injury or even death.
4. Be visible. Wear reflective tape for night riding and equip your bike with a light.
5. Never make a left hand turn from a designated bike path. Instead, merge into left hand lane of traffic and do not cut in front of other drivers, who may not be able to see you.
6. Do not ride alongside cars when passing through an intersection. A driver may turn in front of you without warning.
7. Always merge into normal traffic lanes from your bike lane as you approach an intersection.
8. Pay attention when passing parked cars, as car passengers can open their doors suddenly.
9. Keep both hands on your handlebars to maintain maximum control of your bicycle.
10. Equip your bike with mirrors and check them frequently while riding.
11. Know the hand signals and make them consistently before turning.
12. Pay attention in the late afternoon and evening hours when the sun can cause visibility problems for drivers.

If you have bicycle injuries in Florida, contact Adam Franzen today.

Even following these tips, you may still be involved in a bicycle accident. Call Adam Franzen at (954) 462-5790 as soon after an accident as possible. He has many years of knowledge and experience in Florida bicycle laws and can help you if you have injuries or damage. Visit his website to learn more about how he can help you with your bicycle and other personal injury cases.

Florida bike helmet law only applies to riders under 16

Bike riders of all ages should wear helmets to protect them from serious head injuries; however, the Florida statute covering bike regulations only requires riders to wear helmets if they are under the age of 16:

s 316.2065 – Bicycle Regulations

(3)(d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap and that meets the federal safety standard for bicycle helmets, final rule, 16 C.F.R. part 1203. A helmet purchased before October 1, 2012, which meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department may continue to be worn by a bicycle rider or passenger until January 1, 2016. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle.

(e) Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a verbal warning to a bicycle rider or passenger who violates this subsection. A bicycle rider or passenger who violates this subsection may be issued a citation by a law enforcement officer and assessed a fine for a pedestrian violation, as provided in s. 318.18. The court shall dismiss the charge against a bicycle rider or passenger for a first violation of paragraph (d) upon proof of purchase of a bicycle helmet that complies with this subsection.

Even if you wear a helmet, you can still sustain other injuries

One of the most common types of injuries resulting from a bicycle accident is a head injury. This is because, often, cyclists are thrown over their handlebars and have little control over the way they land.

Of course, bicycle riders can help prevent head injuries by wearing helmets. Head injuries can come in the form of bumps, scrapes, gashes, or even fractures of the skull, leading to a greater probability of a resulting brain injury.

Even though wearing a bike helmet can go a long way in preventing serious head injuries, but bike accidents can result in other major injuries. The types and severity of injuries sustained in a bike crash will depend on some of the following factors:

• type of impact;
• whether a helmet or other protection was involved;
• speed of the parties involved;
• whether motor vehicles were involved; and
• condition of the roadway or trail (potholes, construction sites, etc.).

Other types of bike injuries

• Spinal cord injuries.

Because of the nature of exposure when we ride bikes, spinal cord injuries can result when a bicycle crash victim lands on his or her back, neck, or head with the proper amount of force. This can lead to vertebrae fractures or even paralysis.

• Facial injuries.

Common facial injuries resulting from bike accidents include the loss or damage of an eye, broken jaw, broken nose, chipped teeth, and extreme scarring that can last a lifetime depending on the severity.

• Broken bones and fractures.

The legs, arms, shoulder, back, neck, hip, and almost any other bone in the body could be at risk of suffering a fracture. Multiple bone breaks are not uncommon and could lead to extensive treatment, rehab, and recovery.

With no barrier or protection between you and a motorist or an object such as a tree, street, or building, the chance of suffering fatal injuries is possible. When someone you love has been the victim of wrongful death such as this, The Franzen Firm may be able to help.

Bike injury attorney Adam Franzen knows Florida bicycle laws.

If you have sustained injuries in a bicycle accident that was not your fault, contact The Franzen Firm today. There are many stipulations in the state of Florida regarding bicycle accidents. Adam Franzen knows the laws and can help you after a bicycle accident. Contact him immediately after an accident at (954) 462-5790. You can also visit his website to learn more about how he can help you with your bicycle and other personal injury cases.

Olympian cyclists injured

Day two of the Rio 2016 Olympics featured more records, historic achievements and high sporting drama.

Sunday’s highlights included:

• S. swimmers win gold — Michael Phelps adds to record tally
• Novak Djokovic and the Williams sisters suffer shock defeats
• Dutch cyclist in hospital after crashing spectacularly while leading road race
• Chinese diver Wu Minxia makes history with fifth gold

Netherlands’ Annemiek Van Vleuten crashed out of the Women’s road cycling race at the Rio 2016 Olympic Games. While Anna van der Breggen celebrated clinching gold in the women’s road race, the mood at the finish line was subdued after Annemiek van Vleuten crashed while leading the race with just 11 kilometers to go.

On the same descent that left Italy’s Vincenzo Nibali with two broken collarbones just 24 hours earlier, Van Vleuten flew head-first over her handlebars and saw her hopes of a first Olympic title disappear.

The Dutch cycling federation said in a statement Van Vleuten had been taken to a hospital and was being treated for a heavy concussion and three minor fractures in her spine.

Bicycle injuries – they’re not only in the Olympics!

While the Olympic bicycle races are certainly more intense than bicycle riding in Ft. Lauderdale, there are still reasons to be concerned. Chief among them is the fact that the Sunshine State has long been the most lethal in the nation for bicyclists.

There are many Florida laws that pertain to riding a bicycle in Florida and how drivers need to interact with Florida bicyclists. After a Florida bicycle accident, it is important that you understand how these laws could impact your claim for damages.

Common causes of bicycle accidents and how to avoid them are:

• LEFT CROSS – A motorist fails to see a cyclist and makes a left turn–it accounts for almost half of all bike-car crashes.
  • If you see a car turning into your path, turn right into the lane with the vehicle.
• RIGHT HOOK – A motorist passes a cyclist on the left and turns right into the bike’s path.
  • Passing stopped or slow-moving cars on the right places you in a driver’s blind spot. Take the lane-it’s your right in all 50 states.
• DOORED – A cyclist traveling next to parked cars lined up on the street strikes a car door opened by the driver.
  • Always look several cars ahead. Ride at least 3 feet from parked cars, taking the lane if necessary. Be prepared to stop suddenly. Keep your weight over your rear wheel and apply strong force to the front brake lever, with moderate force to the back.
• PARKING LOTTED – A motorist exits a driveway or parking lot into the path of a bicyclist.
  • No bike-handling tricks can overcome the danger of riding on a road with numerous parkinglot exits. Just take a less-direct route. If you don’t change routes, follow the law and ride fully in the road. Most of all: Stay off the sidewalk–motorists aren’t looking for you there.
• THE OVERTAKING – A motorist hits a cyclist from behind.
  • Make yourself as visible as possible and ride predictably. Use reflectors and lights on your bike at night. When moving to the left, signal with your arm; and hold a straight line while checking traffic over your shoulder, because even the most diligent driver could hit a swerving bike.

If you have bicycle injuries in Ft. Lauderdale, Florida and surrounding areas, contact Adam Franzen today.

Even if you do your best to avoid an accident while riding your bicycle, other motorists may not be so diligent. If you are involved in a bicycle accident, call Adam Franzen at (954) 462-5790. Visit his website to learn more about how he can help you with your bicycle and other personal injury cases.

Bicycle death attorney in Ft. Lauderdale

Did you know that the state of Florida has the highest number of deaths from bicycle accidents of any state in the nation? It’s true, bicycle deaths occur at a rate of 0.57 per 100,000 people, more than double the nationwide rate of 0.23 per 100,000.

And to compound this dismal news, Florida has barely made any progress on reducing the number of bicycle deaths—less than 10 percent. Only Wyoming had a poorer showing over the last three decades, compared to all other states.

According to a CDC report titled “Bicyclist Deaths Associated with Motor Vehicle Traffic — United States, 1975–2012”, bicyclists die on U.S. roads at a rate double that of vehicle occupants, even though bicycle travel accounts for only about 1 percent of trips across all modes of transportation.

The Sunshine State has long been the most lethal in the nation for bicyclists. The reasons why include:

• wide and fast roadways
• lack of safety education
• bad drivers
• under-equipped bicyclists
• yearlong riding weather
• lagging infrastructure and laws

Bicyclists in Florida take a risk in the nation’s worst state for traveling by bike. Year after year, Florida is among the top states in bicycle fatalities. But it is not keeping bicyclists off the roads; quite the opposite. The number of bicyclists continues to grow.

Bicycle Accident Facts and Myths

MYTH: Most bicycle crashes in Florida involve bicycles that ran stop signs or red lights or failed to stay in lanes. The fact is that most are caused by the inattentiveness of drivers of other vehicles.Cyclists have as much right to the road as other vehicles. They are required to obey the same traffic laws as other motorists.

MYTH: The majority of motorcycle crashes involve seniors (snowbirds)who are driving on Florida roads during the cooler months when there are also more cyclists on the road. The fact is that drivers age 20-24 account for the highest percentage of crashes. The next highest percentage is from the age group between 45 and 49. This percentage drops significantly for drivers over 55 — lower than any younger age group.

FACT: The counties with the highest populations have the greatest number of crashes and fatalities. The top three in order are Miami-Dade, Broward and Hillsborough. There are also a number of hotspots in Southwestern Florida in Cape Coral, East Naples, Immokalee and Ft. Myers according to a recent study by the News Press.

Reducing the likelihood of bicycle accidents

Motor vehicle related bicycle crash injuries and deaths can be greatly reduced by implementing the following:

• Improved bicycle infrastructure
• Increasing driver awareness
• Bicyclists wearing brighter clothing
• Increased helmet use of bicyclists
• Better lighting on bicycles
• Adhering strictly to traffic regulations (all drivers and bicyclists)
• Bicyclists staying within bike lanes

Of course, an accident between a bicycle and motor vehicle will always be more devastating for the bicyclist. Even a minor incident, like a bicycle running into an open car door, can cause serious injuries. Wearing a helmet may reduce the severity but it is not an absolute preventative measure; there is still a chance of traumatic brain injury. Other injuries include spinal injuries, fractured bones, internal injuries and severe abrasions and contusions—even death.

Bicycle deaths or other wrongful deaths can be devasting to the survivors!

Attorney Adam Franzen can help you get the justice you deserve if your loved ones have died due to the neglect of others. He knows the Florida laws on wrongful death and can represent you in your claim. Call Mr. Franzen at (954) 462-5790, or visit his website to learn more about how he can help you with your wrongful death or personal injury cases.

Wrongful Death Claims in Ft. Lauderdale

Have you recently lost a loved one due to the negligence, carelessness, or recklessness of another person or business?You may be entitled to pursue a claim for damages against the responsible party under Florida law. These types of lawsuits are called wrongful death cases and are governed by the Florida Wrongful Death Act, Florida Statutes § 768.16 et seq., and other applicable laws.

There is a four-step test to prove wrongdoing on the part of the defendant in these types of claims. This involves a showing of negligence that requires proof of a duty, breach of duty, damages, and causation. There may also be other factors that need to be proven, depending on the type of accident that led to the loved one’s death;, however, the four-step test is the key to determining any personal injury lawsuit, including wrongful death actions. Adam Franzen, of the Franzen Firm in Ft. Lauderdale, is experienced in these tests and can determine whether you have a case to proceed forward.

Once negligence is established, the next step is to quantify the damages. These damages represent the amount of compensation due to the aggrieved party. In a wrongful death lawsuit, there are two types of damages that may be available.

Wrongful death damages to survivors

The first class of damages is those to whic

h survivors of the deceased person may be entitled. The Act defines “survivors” as the spouse, children, parents, and, in some situations, other relatives who may have been dependent upon the deceased person for support or services. Children born outside of marriage are recognized by the Act as being the “child” of their biological mother but may not be considered the “child” of their father unless he had recognized a legal responsibility to provide support.

Survivors, as defined by the Act, may be entitled to reimbursement for medical or funeral expenses paid on the deceased person’s behalf and compensation for the lost support and services of the decedent. A surviving spouse may also be able to seek damages for loss of the decedent’s companionship and protection, as well as for mental pain and suffering.

Minor children (under the age of 25) can seek damages for loss of parental companionship, instruction, and guidance, as well as mental pain and suffering. If the deceased person did not have a spouse at the time of death, all children of the decedent can seek these damages. In cases of deceased children, parents may be entitled to recover mental pain and suffering, depending upon the age of the child and whether there were other “survivors” under the Act.

Wrongful death damages available to a deceased person’s estate

The deceased person’s estate may also be eligible to receive compensation for lost earnings or diminished net accumulations of the estate, including funeral and medical bills for which the estate is liable. “Net accumulations” is defined by the Act as the expected net income of the decedent (including pension benefits) that the deceased person would have saved and left as part of his or her estate, if his or her wrongful death had not occurred.  In calculating net accumulations, there is a subtraction for the deceased person’s tax obligations, personal expenses, and support of survivors.

Attorney Adam Franzen can help you through the legal quagmire of wrongful death lawsuits.

As evident in this article, the Florida laws are difficult surrounding the requirements of a wrongful death lawsuit. The amount of damages to which a family may be entitled varies widely depending upon factors such as the age and occupation of the decedent, whether the deceased person’s spouse remarried following the accident, and whether the accident was caused by an act of medical malpractice or another type of negligence (some damages are restricted in malpractice suits).

Adam Franzen knows the Florida laws on wrongful death and can represent you in your claim. Call Mr. Franzen at (954) 462-5790, or visit his website to learn more about how he can help you with your wrongful death or personal injury cases.

Personal injury claims in Ft. Lauderdale

Personal injury cases are legal claims brought by those who are alleging injuries from an accident due to the wrongful or negligent conduct of another person or entity. A viable personal injury claim involves proving that the other party had a legal duty to exercise reasonable care and the duty was breached. Typical types of personal injury actions include slip and fall incidents, medical or professional negligence or malpractice, product defect, toxic tort and auto accidents.

If you’re filing an insurance claim or lawsuit over an accident or injury, you’ll need to be familiar with laws in your state that might affect your case. There are a few key Florida laws to keep in mind when it comes to personal injury. The Franzen Firm is completely knowledgeable in Florida laws concerning personal injury cases.

What is the Discovery Process?

Discovery is a pretrial procedure in which the parties request and disclose records, information, and documents related to the accident. Both parties can demand answers to interrogatories, which are a series of written questions. You must respond to the questions, or you can object to any that your attorney thinks are improper.

Documents might also be requested, such as records of your medical care and expenses, lost income, property damage, photographs, police reports, insurance policies, and other relevant records. You may also be deposed, where you would have to orally answer under oath questions posed by the opposing attorney. The questions can address all aspects of your claim. Your attorney will accompany you and advise you during this process. In many cases, you will have to submit to a medical examination by a doctor of the other attorney’s choice.

Deadlines for Filing an Injury Lawsuit in Florida

Like every other state, Florida has a statute of limitations, which defines a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury.

Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida’s civil. If you don’t file your case within this time window, the court will very likely refuse to hear it at all. In rare cases, you may not “discover” that you actually suffered harm for some amount of time after the incident that caused the injury, and in those instances the lawsuit-filing window will be extended.

For injury claims against a city, county or state government, the time limit is three years.

Injury attorney Adam Franzen knows the Florida laws on personal injuries.

If you’ve been seriously injured, you will need an experienced personal injury attorney to negotiate a fair settlement, or to file a lawsuit on your behalf.

Don’t let the insurance companies try to convince you that you don’t have a claim! Our law firm can gather evidence to provide that your injuries are serious enough to qualify you for additional compensation through a lawsuit.

Adam Franzen knows the Florida laws on personal injuries and how to represent you if you are in an accident. Call Mr. Franzen at (954) 462-5790, or visit his website to learn more about how he can help you with your accidental injury cases.

Bicycle injuries can be very serious!

If a bicyclist is involved in an accident on the roadway, he doesn’t have the buffer of the car or truck between him and the impact. That can result in more serious and traumatic injuries. If you’ve been involved in a bicycle accident in Ft. Lauderdale, you should contact Adam Franzen as soon as possible! He will make sure you are represented and you receive all the compensation you deserve! 

Millions of people bicycle safely on public roads. But many are scared away because motorists sometimes pass too closely, honk, or tell cyclists to get off the road. Though these behaviors are not the most common source of injuries to cyclists, they are unsafe and illegal. The traffic law says that drivers must pass at a safe distance. When a travel lane is not wide enough to share, safe bicyclists move to the middle of the lane to insure that motorists use the next lane over to pass or wait until it is safe.

Motorists can help prevent crashes with cyclists by taking care to follow the rules on yielding and turning. Make sure to yield to cyclists when turning left or entering the road from a side street, driveway, or parking lane. Merge completely to the far right edge of the road in advance of making a right turn. Wait for any bicyclist ahead to clear the intersection before you make a right turn — do not turn across the path of the cyclist. Even if there is a bike lane, you should merge into the bike lane before turning right.

Cyclists, in turn, can make themselves safer and respected. Competent cyclists politely cooperate with other drivers by yielding when required, choosing the correct lane at intersections, using lights at night, and otherwise following the same traffic laws as motorists. Such cyclists are far safer than inexperienced cyclists.

The Five Tips to Bicycling Safety

1: Control Your Bicycle (Don’t fall or collide with others)

If you can skillfully control your bike by starting, stopping, and turning properly, you will not fall down all by yourself or run into others. Do this and you cut out about half of your injury risk. To ride in groups, a cyclist must have good bike handling skills.

2: Follow the Rules (Don’t cause traffic crashes)

Follow traffic laws, obey signs and signals, use headlights and taillights at night, and use the correct lanes for turns and through movements, and you won’t cause a collision with a motorist. About half of cyclist/motorist crashes are caused by cyclists who violate the basic rules of the road.

3: Lane Positioning (Discourage other driver’s mistakes)

Knowing when to use the full lane or to share a lane is something few cyclists fully understand. Your position in a lane is the best way to make yourself conspicuous, to tell drivers what you are doing, and to discourage them from making unsafe movements. Many of these effective lane positioning principles have been forgotten by the modern cycling community, so they may be contrary to what you’ve been taught! Combine Tips 1, 2 and 3 and you cut out about 99% of all potential crashes.

4: Hazard Avoidance (Avoid the other driver’s mistakes)

There are evasive maneuvers you should know that can help you avoid major motorist mistakes or dodge obstacles. Knowing how to stop and turn quickly helps you avoid motorist mistakes that aren’t discouraged by lane positioning. These skills are not instinctive and must be taught.

Layer 5: Passive Safety (Protection when all else fails)

This is actually the least effective tip in injury avoidance. Helmets and gloves protect your most vulnerable body parts as a last resort in case of the very rare failure of Tips 1 through 4, but they do nothing to help you avoid crashes.

Bicycle attorney Adam Franzen knows Florida bicycle laws.

You may follow all laws and tips to bicycle safety, but may still be involved in a bicycle accident that is not your fault.  In that case, call Adam Franzen at (954) 462-5790. Visit his website to learn more about how he can help you with your bicycle and other personal injury cases.

Wrongful Death Attorney in Ft. Lauderdale

The term “wrongful death” is a legal term which refers to a civil claim that is brought on behalf of someone whose death was caused due to another’s intentional, reckless or negligent conduct. Florida Statutes 786.16 – 786.26 outline the legislative intent behind Florida’s Wrongful Death Statue.

Because a deceased party is incapable of bringing forth a claim, a wrongful death action allows for certain family members to filing a claim for damages against the party or parties that caused the loved one’s death. In the area of injury law, wrongful death actions are typically brought against companies, hospitals and other parties whose negligent conduct caused the death of a person owed a duty of care.

Florida’s wrongful death statute has some intricate rules with numerous exclusions and exceptions. Many people grieving and suffering from the death of a loved one cannot recover anything in a Florida wrongful death lawsuit.  That’s why hiring an experienced attorney, like Adam Franzen, to represent you in your wrongful death case is absolutely critical to getting the compensation you deserve.

The Florida Wrongful Death Statute clearly describes what damages are available to the survivors of a wrongful decedent. Essentially, survivors may be entitled to damages for loss of companionship, instruction, guidance and the potential earnings of the decedent. Although I encourage you to read the below statute, please remember that in order to fully understand the nature of wrongful death damages, I high advise that you consult with an attorney.

What is the difference between personal injury claims and a wrongful death claim?

Claims for personal injury and wrongful death have many similarities. Both claims are based upon the theory of negligence- a duty was owed, that duty was breached, and damage resulted from the breach.  In both actions, someone suffers an injury.  As a result of that injury, there are medical bills and other related economic damages. Despite the many similarities, the two claims are significantly different in regards to who has the ability to bring an action forward and the areas that compensation may be awarded for.

The most notable differences between personal injury and wrongful death claims are the parties that have standing to bring the action forward and the rationale for the damages awarded. In a personal injury case, the action is brought by the injured party; in wrongful death cases, the action is brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages  caused by the injury resulting in death. The purpose of the damages award is to provide for the survivors of the deceased who were dependent upon the deceased for support and maintenance.

What is required to bring a wrongful death lawsuit forward?

In order to present a successful wrongful death case to an insurance company or court of law, certain key elements must be present or the claim cannot be supported.

• A human being has lost their life as a result of another’s actions.
• The action which resulted in the victim’s death is determined to have been caused by someone else’s negligence, or intentional conduct to cause the harm and/or injury to the victim.
• Identify who has legal standing to bring an action forward.
• Determine that there are survivors who have suffered monetary damages and who are wholly dependent on the support of the deceased to live.
• A personal representative is appointed to establish an estate for the deceased, identify all survivors and identify any other economic obligations the estate may have as a result of the death of the decedent.

Once those elements have been identified and/or established, an action can be initiated.

Attorney Adam Franzen can help you through the legal quagmire of wrongful death lawsuits.

Adam Franzen knows the Florida laws on wrongful death and can represent you in your claim. Call Mr. Franzen at (954) 462-5790, or visit his website to learn more about how he can help you with your wrongful death or personal injury cases.