July 26, 2012

Widower Sues Jacksonville Doctors for Negligence Following Wife’s Death

1100587_hospital_hand%20sxchu%20username%20Egilshay.jpgA Jacksonville widower has filed a medical malpractice lawsuit against two physicians he claims caused the death of his wife of nearly seven years. Last August, 39-year-old Brooke Boon died from a pulmonary embolism three days after undergoing a four-hour plastic surgery. David Boon alleges his wife’s primary care physician, Dr. Gary Glicksteen, and plastic surgeon, Dr. Daniel Calloway, committed negligence when they allowed the mother of two small children to remain on the birth control drug Yasmin prior to performing the elective surgery.

Boon’s lawsuit alleges the two doctors committed negligence because they both knew contraceptive drugs increase a woman’s chances for developing a blood clot following surgery. He also says both doctors were aware that Brooke was taking the drug. Additionally, Boon pointed to the Physician’s Desk Reference which states patients should not take oral contraceptives for at least four weeks prior to an elective surgery. In addition to the two doctors, Boon’s lawsuit names Glicksteen’s employer, Internal Medical Group, as a defendant.

Medical professionals who provide treatment to patients in Florida must do so with a reasonable level of care. When a medical caregiver such as a primary care physician, nurse, surgeon, hospital, pharmacist, or dentist fails to provide a patient with proper care and an injury results, the victim may have grounds to file a medical malpractice lawsuit. A failure to diagnose or properly monitor a patient, an incorrect or delayed diagnosis, and surgical, birthing, and prescription errors may give rise to a medical malpractice claim. Other common medical professional errors include the improper administration of anesthesia, medical lab errors, and negligence.

The victim of a negligent, careless, or reckless medical care provider may be eligible to receive compensation for their medical costs, lost wages and benefits, future medical expenses, pain, suffering, and other damages. When a patient is hurt or killed by a health care provider in Florida, the victim and their families have up to two years from the time when they learned a medical professional may have caused the injury or loss to file a claim. Because Florida law allows insurance companies six months to evaluate a medical malpractice claim before a lawsuit may be filed, injured patients should file their claim as quickly as possible.

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July 25, 2012

Miami-Dade County Requires Day Care Operators to Install Child Safety Alarms in Vehicles

933341_crayon_series_2%20sxchu%20website.jpgA recently passed law requires all licensed day care centers in Miami-Dade County to install a child safety alarm that engages when the ignition is turned off in all vehicles used to transport children before December 1, 2012. The alarm requires a driver to check for forgotten children as he or she walks to the back of a vehicle in order to disable it. Although the new safety law became effective in February, it provided the 1,152 licensed day care operators in Miami-Dade County with a grace period to install the alarms before fines and other penalties are enforced.

The new law was passed in response to several negligence cases recently filed against day care operators in South Florida. In August 2011, Palm Beach County was the first county in the state to pass such an ordinance. That law was passed after two-year-old Haile Brockington died as a result of being forgotten inside of a hot day care van in Delray Beach for almost six hours.

Earlier this year, proposed legislation to require day care centers throughout Florida to install vehicle safety alarms was introduced by Senator Maria Sachs of Delray Beach. Although the measure passed the Florida Senate, it later failed in the House. Still, Sachs stated she would reintroduce the legislation in the future and ask each of the state’s nearly 17,000 licensed day care businesses to voluntarily install child safety alarms.

Many people are killed in unnecessary accidents every day in Florida. Although unexpectedly losing a child is always difficult, it can be especially devastating when your loss resulted from another person’s negligence. If you lost a child due to the negligent actions of a day care provider, you have may the right to file a wrongful death lawsuit. Generally, any fatality that is the result of an act of carelessness, recklessness, or negligence will give rise to a wrongful death claim. Obviously, no amount of money can bring back your child or make up for your loss. By filing a wrongful death claim, you have the ability to hold the person who is liable for your loss accountable for their actions and discourage similar conduct in the future.

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July 21, 2012

11-Year-Old Electrocuted While Playing Miniature Golf in Kissimmee

1061149_golf%20sxchu%20username%20vivekchugh.jpgA child visiting Florida on vacation was recently killed while playing miniature golf at the Orange Lake Resort in Kissimmee. 11-year-old Ashton Jojo of Latham, New York was reportedly playing miniature golf with her family when she attempted to retrieve a lost ball. According to witnesses, Jojo fell into a 2-foot-deep pond and screamed. Another guest at the resort, Christopher Burges, responded to her screams and was allegedly injured as he attempted to pull Jojo out of the pond. Emergency rescue crews took Jojo to Celebration Hospital where she was pronounced dead.

According to the Orange County Medical Examiner's Office, the cause of Jojo’s death was electrocution. A spokesperson for the Orange County Sheriff’s Office, Ginette Rodriguez, stated the resort is unsure how the water came to be electrified. Rodriguez also stated the Sheriff’s Office is currently investigating the cause of the incident. Following the accident, the miniature golf course was closed indefinitely.

Each year, millions of children and their families travel to Florida from across the globe in order to visit the many resorts, amusement parks, and theme parks our state has to offer. Unfortunately, many deaths in Florida result from tragic and unnecessary accidents like this one. Although unexpectedly losing a loved is always devastating, it can be particularly difficult to accept when your loss was due to a property owner's negligence.

If you lost a family member as a result of an unsafe condition on someone else’s property, you may have the right to file a wrongful death lawsuit. The close relatives of someone killed in an accident will generally have up to two years to sue for wrongful death in the State of Florida. No amount of money can make up for the loss of your loved one, but it may help relieve some of your financial burden. If you lost a loved one due to a hazardous property condition, it is a good idea to contact a premises liability attorney to discuss your options.

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July 20, 2012

One Teen Killed, Another Injured in Redington Beach Boating Accident

866691_seattle_boating_2%20sxchu%20unplethr.jpgA Pinellas County boat crash has left one teenager dead and another injured. The two teens were involved in an accident while riding on an inner tube being pulled behind a 24-foot fishing boat at the Redington Yacht and Tennis Club. According to the Pinellas County Sheriff’s Office, the driver of the boat, 15-year-old Brandon Noah, reportedly navigated the vessel too close to a dock. Although the boat did not strike the dock, the tube attached to the vessel did and the two teens riding on the inner tube were thrown into the air. Although one girl landed in the water, 15-year-old Deviny Boese flew into a piling on the dock. Following the accident, Noah reportedly pulled the girls from the water and administered CPR until rescue crews arrived. Boese was transported to St. Petersburg General Hospital where she later succumbed to her injuries. 16-year-old Sarah Dobbs was taken to All Children’s Hospital with non-life threatening injuries.

A passenger on the boat, 15-year-old Noah Epstein reportedly took the boat to Noah’s home in order to notify his parents about the crash. According to law enforcement officers, the accident is still under investigation but appears to have been caused by boater inexperience. Noah was cited for misdemeanor reckless operation of a boat that resulted in a fatality and failure to have a boating safety identification card. The teens apparently did not have permission to use the boat when the accident occurred.

Although no license is required in order to operate a boat in Florida, anyone born in 1988 or later must obtain a boating safety identification card in order to operate a vessel with a 10 horsepower or larger engine. There are no age restrictions placed on boaters who wish to enroll in the boating safety course required to receive an identification card. According to the Florida Fish and Wildlife Conservation Commission about 27,000 boating safety cards were issued in the state last year. About 7,500 safety cards were issued to Florida residents aged 16 and under. At the time of the accident, Noah was reportedly driving a boat with 280 horsepower.

If your family member was killed in an unexpected Florida boating accident, you may have the right to file a wrongful death lawsuit against the person who caused your loss. Generally, you have the option to file a lawsuit when a close relative’s wrongful death was caused by another person’s carelessness, recklessness, or negligence. In the State of Florida, relatives generally have up to two years to file a wrongful death claim unless the claim is against a cruise ship. The damages available to the relatives of someone killed on a cruise ship are subject to the terms of the passenger's ticket.

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July 14, 2012

UF Student Killed by Hit-and-Run Driver While Riding Her Bicycle in Gainesville

1253140_bicycle%20sxchu%20username%20aganaui.jpgIn early July, a 20-year-old University of Florida student died as a result of the injuries she sustained in a June 23rd hit-and-run accident. Rebecca Harris was struck by a white sedan while riding her bicycle in a crosswalk on Southwest 16th Avenue in Gainesville. After the accident, rescue crews transported Harris to a local hospital in critical condition. She reportedly suffered a traumatic brain injury, two broken legs, and a broken arm.

According to Lt. Bruce Giles of the Gainesville Police Department, although the vehicle that struck Harris did not stop, it was later found abandoned near Southwest 131st Lane. Lt. Giles stated he was certain the car found by police was the same vehicle involved in the hit-and-run accident because it not only matched accident witness reports, but the damage to the car was also consistent with Harris’ injuries. Following the collision, police issued a warrant for the arrest of 22-year-old Jessica Paige Becerra. Becerra reportedly turned herself in to police and was placed in the Alachua County Jail on June 29th. She was released four days later on a $25,000 bond.

Florida State Attorney Bill Cervone stated that the charges Becerra faces will be changed from leaving the scene of an injury accident to leaving the scene of an accident that resulted in death. Because Harris died after the hit-and-run, Becerra now faces a maximum prison sentence of 15 years.

Bicyclists, skaters, joggers, and anyone traveling on foot are at risk of being the victim in a Florida pedestrian accident. Because pedestrians have little protection from cars, trucks, and motorcycles, the injuries sustained in such a crash can be catastrophic. Severely injured accident victims may suffer a spinal cord injury, traumatic brain injury, paralysis, and a variety of other permanent disabilities. Unfortunately, as was the case here, vehicle collisions with pedestrians may also be fatal.

Treating the injuries sustained in a pedestrian accident is often costly. A victim may be eligible to receive compensation for medical expenses, physical therapy, surgery, lost income, pain, suffering, and other damages. Additionally, although no amount of compensation can bring back your loved one, close family members of those killed in pedestrian accidents may be able to relieve some of their financial burden by filing a wrongful death claim. An experienced Florida lawyer can help you evaluate your options for recovery.

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July 7, 2012

Retired Astronaut Killed in Pensacola Beach Jet-Ski Crash

361262_moonwalker%20sxchu%20username%20snnellis.jpgA retired astronaut who flew two space shuttle missions was recently killed in a tragic Pensacola Beach jet-ski accident. 51-year-old Alan Goodwin Poindexter died after the jet-ski he was riding on was struck by another personal watercraft in Little Sabine Bay. Poindexter was reportedly jet-skiing with two of his adult children when the accident happened. According to the Florida Fish and Wildlife Conservation Commission, the incident occurred after the jet-ski Poindexter was riding on with his son Samuel suddenly slowed. Another jet-ski driven by his son Zachary reportedly hit the back of Poindexter’s jet-ski at a high rate of speed.

The force of the deadly crash allegedly tossed both Poindexter and Samuel into the water. Friends reportedly pulled Poindexter onto a nearby boat and performed CPR until emergency responders arrived. The former NASA astronaut was then taken by emergency helicopter to Baptist Hospital where he was pronounced dead. The exact cause of the accident is currently under investigation by the Wildlife Commission.

Every year, many people in Florida are killed in unnecessary and avoidable boating accidents. Because our state it is a popular tourist and boating destination, people often spend a lot of time on the water in Florida. Whether on a lake or in the ocean, anyone using a boat or personal watercraft should always be careful to follow established safety rules and guidelines.

Losing a loved one in an unexpected watercraft accident like this one can be devastating. If your close relative was killed in a Florida boating accident that was caused by someone else's carelessness, recklessness, or negligence, you may have the right to file a wrongful death lawsuit against the person who caused your loss. Although no amount of money can bring back your family member, filing a wrongful death claim may help to relieve some of your financial burden and deter similar behavior in the future. Because the amount of time you have to file a wrongful death claim in Florida is limited, it is a good idea to contact a capable personal injury attorney as soon as possible following your loss.

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July 3, 2012

Two Men Killed After Drunk Driver Crashes Into Historic Liberty City Restaurant

506099_caution_%20sxchu%20username%20ugaldew.jpgTwo men were killed outside of an historic Liberty City eatery when an allegedly drunk driver lost control of his truck and struck them. 60-year-old Wilton Harris and 61-year-old Al Hamlin were standing on a sidewalk in front of Jumbo’s Restaurant when a white pickup truck driven by 53-year-old Antonio Lawrence reportedly sped into the parking lot. Initially, the pickup hit a car parked outside of the eatery. The force of the impact then pushed the parked car into the two men before the vehicle went through the front windows and came to a stop inside of the restaurant. During the accident, Hamlin was reportedly thrown into the restaurant while Harris was pinned under the pickup truck. Both men died at the scene of the crash. Luckily, although about a dozen patrons were inside of the restaurant at the time, no one else was injured.

According to an accident witness, Lawrence appeared to be intoxicated as he stumbled out of his pickup truck following the crash. He was later arrested and charged with two counts of DUI manslaughter. Lawrence is reportedly being held in Miami on a $30,000 bond.

Unexpected car crashes are one of the leading causes of wrongful death in Florida every year. Because of the number of beaches, amusement parks, seaports, and other attractions located in the state, many people are on the roadways and sidewalks at any given time. Unfortunately, commuters, pedestrians, students, tourists, and others risk being hurt by a careless or impaired motorist every day.

When a pedestrian is struck by a motor vehicle, the resulting injuries are frequently catastrophic. Pedestrians who are hit by a car often sustain broken bones, spinal cord injuries, traumatic brain injuries, and may even be killed. In Florida, an injured pedestrian may recover compensation for medical costs, physical and occupational therapy expenses, pain, suffering, and lost wages. Close relatives of someone killed in a Florida pedestrian accident may also be able to recover for wrongful death. If you or a loved one were hurt in an accident caused by a careless or intoxicated driver, it is a good idea to contact a knowledgeable Florida car accident lawyer as soon as you are able.

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June 27, 2012

Oakland Park, Florida Teenager Killed in Hit-and-Run Accident While Riding His Bicycle

1356569_bicycle_macro%20sxchu.jpgThe Broward County Sheriff’s Office is asking the public for any information related to a fatal hit-and-run bicycle accident in June in Oakland Park. On June 14th, 17-year-old Gabriel Amaya was struck by a dark sport utility vehicle while headed east along Prospect Road on his bicycle. Amaya was hit in a crosswalk near Powerline Road just after dark. The force of the impact reportedly threw the boy into the roadway. The driver who hit Amaya allegedly continued on before he stopped a short distance down the road and got out of the vehicle. The driver then got back into the SUV and fled the scene of the crash. Amaya died as a result of his injuries while en route to the Broward Health Medical Center.

Law enforcement officers would reportedly like to question 37-year-old Christopher Thompson of Oakland Park about the case. Thompson may be driving a black 1995 Chevy Tahoe with extensive damage to the left side mirror, grill, and headlight. Although Thompson purportedly lives near the scene of the fatal accident, his neighbors stated they had not seen the man for several days when questioned by police. According to law enforcement officials, Thompson has a criminal record as he was previously arrested on drug possession charges.

A large percentage of bicycle accidents are caused by careless and inattentive drivers who fail to notice or yield to bicyclists. Unfortunately, a bicycle rider is no match for even a small car, much less a sport utility vehicle. Sadly, injuries that are caused by a bicycle accident are often catastrophic. Many bike accidents also result in a victim's tragic and untimely death. Because of the severity of most accidents, it is important for riders to ensure their bicycle is well maintained and to wear both a helmet and reflective clothing. Additionally, bicycle riders should always obey all traffic signs and signals.

No matter how careful a bike rider is, an accident with a car cannot always be avoided. Common injuries sustained by victims in a bicycle accident can include traumatic brain injuries, fractures, spinal cord injuries, permanent disability, and even wrongful death. Due to the severity of most injuries, the medical costs associated with a cycling accident can be quite high. If you were hurt by a negligent driver while riding your bicycle, you should contact a skilled South Florida car accident lawyer to help you recover damages for your injuries.

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June 25, 2012

Two Killed, Several Injured in Five Vehicle Crash Near Tampa

494062_that_hurt%20sxchu.jpgIn June, two people were killed in a five vehicle accident on State Road 54 in Odessa. 16-year-old Matthew Capelo-Fine of Trinity was driving a BMW Sedan east towards Lake Polo Drive when he unexpectedly lost control of the car and skid across a median. After he crossed the median, Capelo-Fine struck a westbound Hyundai carrying five people. According to the Florida Highway Patrol, Capelo-Fine’s sedan began to spin following the initial crash. Capelo-Fine's vehicle then hit a PT Cruiser that was sent spinning into the Hyundai he collided with initially. Meanwhile Capelo-Fine’s BMW continued on to strike a Nissan Altima. A nearby Chevy Impala also received damage to its windshield when it was struck by flying debris.

Unfortunately, Capelo-Fine died at the scene of the accident. 91-year-old Anna Davis, 13-year-old Collene Carberry, 15-year-old Jilly Horaneck, and the driver of the Hyundai, 71-year-old Joseph Furphy, were transported by rescue crews to Tampa General Hospital where Davis later died. Both Furphy and Horaneck reportedly suffered serious injuries in the crash and Carberry received only minor injuries. Although the cause of the collision is still under investigation, alcohol is reportedly not a suspected factor in the accident.

In Florida, we often spend countless hours in our automobiles every week. Unfortunately, with so many drivers and passengers on the roads, motor vehicle collisions are a fact of life. Every year, auto collisions are one of the leading causes of personal injury and death in the State of Florida. Injuries sustained in a car accident may be minor or they may be catastrophic. Car crashes are frequently caused by inattentive or inexperienced drivers, defective vehicles, weather, road debris, speeding, fatigue, and aggressive or impaired driving. If you or a loved one was injured through no fault of your own in a motor vehicle accident, you may be eligible to receive compensation for your injuries, medical expenses, lost wages, and any resulting disability. If you were hurt or lost a loved one on a Florida roadway, you should contact an experienced Florida car accident lawyer to help you file a claim against the negligent party.

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June 20, 2012

Bond Set for Driver Accused of Fleeing Florida After Striking Pedestrian Near the University of Miami

1375248_untitled%20sxchu.jpgA University of Miami freshman was left in a coma after she was struck by a hit-and-run driver in Miami. 19-year-old Eliza Gresh was hit by a silver Mercedes Benz while crossing a road near her school on April 27th. The force of the impact reportedly threw Gresh onto the vehicle’s hood before the driver fled the scene of the accident. Miami Police Major Rene Lansa stated that another driver attempted to follow the Mercedes, but stopped pursuing it once the alleged hit-and-run driver reached speeds in excess of 80 miles per hour.

Gresh is currently in the intensive care unit at a local hospital where she is being treated for broken bones and a traumatic head injury. According to her parents, despite that Gresh still remains in a coma, she is beginning to show small improvements.

About one week after the crash, the alleged hit-and-run driver, 24-year old Luis Felipe Moya, took the Mercedes to a Hialeah body shop for repairs. He reportedly told the shop’s owner, Gabriel Antonio Castro, that he had accidentally struck a wall. He also stated his mother, Zoila, owned the vehicle and because of that he preferred she file the automobile insurance claim. According to Castro, there were numerous red flags indicating the driver was being untruthful with him after he examined the damage to the vehicle. Castro also stated the man driving the car answered his questions in an evasive manner. Convinced he recognized the Mercedes from a news story about the hit-and-run accident, Castro immediately notified police of his suspicions. Following the tip from Castro, law enforcement officers took Moya’s mother into custody and charged her with insurance fraud. On June 5th, Moya was arrested in New York.

Following his arrest, Moya’s bond was set at $250,000. The Miami judge also stated that if Moya is able to post bond, he will be placed on house arrest. Moya has reportedly received at least 42 traffic citations over the past five years, including both careless and reckless driving violations.

Students like Gresh, as well as skateboarders, joggers, tourists, and parents walking with strollers are all at risk of being injured in a Florida pedestrian accident. Too often, pedestrian crashes could have been avoided if a driver had not acted carelessly or negligently. Common injuries sustained in such an accident include traumatic brain injuries, spinal cord injuries, fractures, a permanent disability such as paralysis, and even wrongful death.

Due to the severity of most injuries, the medical costs associated with a pedestrian accident can be astronomical. If you or a loved one was hurt by a careless driver, contact a qualified Florida car accident lawyer to discuss your rights as soon as you are able.

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June 19, 2012

Medical Negligence Lawsuit Filed Over Death of Palm Harbor Girl

1033916_medical_instruments_3%20sxchu.jpgIn May, the parents of a 12-year-old Palm Harbor girl who died following a routine tonsillectomy filed a medical negligence lawsuit against Mease Countryside Hospital in Pinellas County Circuit Court. According to the suit, Carly Jane Liptak died after the hospital and several medical professionals made a series of mistakes and provided the child with a dangerous mix of drugs. Liptak’s parents have asked the court to award them damages for mental anguish, medical costs, and funeral expenses.

On August 13, 2010, Liptak had her tonsils removed at the hospital’s outpatient facility. According to the Pinellas-Pasco Medical Examiner's Office, she suffered from a pulmonary embolism and cardiac arrest during the surgery. Liptak’s mother, Elisa, stated although the hospital told her the operation would only take about 25 minutes, her daughter was in surgery for more than three hours. Following her surgery, Liptak was transported to All Children's Hospital where she remained on life support until she died two days later. The Medical Examiner stated Liptak died from natural causes as a result of complications related to her tonsillectomy.

According to the Liptaks' lawsuit, the surgery team removed both of their daughter’s tonsils despite that she showed signs of distress while the first tonsil was being removed. The couple also accused the hospital of using a questionable type and dosage of local anesthetic combined with epinephrine on their daughter. The suit alleges the combination increased Liptak’s heart rate at the same time that doctors administered two additional drugs. The alleged result was damage to the child’s heart and fluid in her lungs. The couple believes their daughter drowned in her own fluids as a result of the drug combination. The hospital is also accused of using poor resuscitation methods on Liptak. According to Liptak's parents, their main goal in filing the suit is to ensure that no one else’s child is given the same drugs used on their daughter.

Florida hospitals, doctors, and nurses have a duty to provide patients with a reasonable standard of care. When a patient is injured or killed because a medical professional failed to provide proper care, the victim or the victim’s family may be eligible to file a medical malpractice lawsuit. In Florida, those injured by a health care provider have up to two years to file a malpractice claim. Insurance companies also have up to two years to assess such a claim before a lawsuit may be filed. Because of this, it is important for an injured patient to consult with a knowledgeable South Florida medical malpractice attorney immediately following any act of negligence by a medical professional.

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June 11, 2012

Small Plane Crash Near Lake Wales Kills Family of Six

1015353_fumigation_airplane%20sxchu.jpgIn early June, a family of six was killed after a small plane crashed unexpectedly in Polk County, Florida. The family was returning home to Kansas in a 2006 Pilatus Pc-12/47 plane following their vacation in the Bahamas when the aircraft reportedly began to break apart at 25,000 feet in the air. Those killed included the 45-year-old pilot, Ron Bramblage, His 43-year-old wife, Rebecca, and the couple’s four children who were between the ages of eight and 15.

According to safety investigators, the pilot issued a mayday after the right wing became unattached midair. Witnesses stated the aircraft began to spin as it descended into the Tiger Creek Swamp near Lake Wales, Florida. The debris field reportedly spanned approximately four miles of rough terrain. Tragically, one of the family's teenage children was reportedly thrown from the aircraft before it hit the ground. His body was later found by members of the Florida Fish and Wildlife Conservation Commission about half a mile from the crash site.

Helicopters were used to locate wreckage from the air. Swamp buggies, all terrain vehicles, and horses were later used in order to reach the area and gather crash debris. According to Tim Monville, an investigator with the National Transportation Safety Board, the cause of the crash is still unknown. He stated that a large piece of the wing is still missing and it could take up to one year to complete the accident investigation. Monville said reconstructing the plane will likely be required in order to determine the exact cause of the crash.

Unfortunately, aviation accidents like this one are normally tragic and there are rarely any survivors. When an aircraft accident victim survives, the injuries sustained are often permanently disabling and extremely costly to treat. Negligence resulting from aircraft malfunctions or defects, pilot error, poor aircraft maintenance, or air traffic control errors cause most aviation accidents. Sometimes, more than one party negligently contributes to an aircraft crash. Additionally, large commercial airlines, or common carriers, must provide passengers with a higher standard of care than other aircraft operators.

If you or a loved one was hurt or killed while riding in a charter plane, private jet, helicopter, commercial airliner, or in any other aircraft, you should contact a skilled Florida aviation accident attorney as soon as possible to discuss your options for recovery.

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