Because of the beautiful weather, flat terrain, and tremendous resources, Florida is a great place for walking and cycling. While walking or biking may be easier or more enjoyable here than in other places, that doesn’t mean that it is necessarily safer. Pedestrians and cyclists face significant dangers whenever they are out on the roads. As experienced pedestrians and bicycle accident lawyers, we have seen many accidents that could have been avoided with careful planning. 

Pedestrians, Know the Law

Many people are unaware that pedestrians’ rights and obligations are dictated by Florida law. Florida law requires the following: 

• Pedestrians are obligated to use sidewalks when they are available and may walk in the road only if there are no sidewalks
• Pedestrians must use crosswalks with traffic signals when they are present
• Pedestrians must yield to vehicular traffic already present in the crosswalks
• Pedestrians must obey any traffic signals and signs that may be present
• Drivers have a legal obligation to use due care and avoid accidents with pedestrians
• Drivers must stop for pedestrians in a crosswalk

Understanding how Florida law applies to pedestrians is important, but it is more important to follow the law. These laws are intended for your safety. Using crosswalks and obeying traffic signals will greatly reduce your chances of being injured while walking. That said, it is important to emphasize that drivers are obligated to drive safely. If you have been injured in an accident, do not assume that you do not have a claim, regardless of circumstances. Instead, get in touch with an experienced pedestrian accident attorney. 

Florida Bicycle Laws

Under Florida law, bicycles are considered “vehicles” and cyclists are considered “drivers.” As a result, there are many legal requirements that cyclists should be aware of and should follow every time they go for a ride: 

• Cyclists are expected to follow all traffic laws that pertain to cars
• Cyclists must obey all traffic signals, controls, and signs
• Cyclists must use the bike lane when one is provided
• Cyclists may ride on the sidewalk, provided that they yield the right of way to pedestrians and follow all the duties and obligations of a pedestrian when using the sidewalk
• Cyclists under the age of 16 must wear a helmet
• When riding between sunset and sunrise, cyclists must equip their bikes with (1) a white light on the front visible up to 500 feet and (2) a red light visible up to 600 feet on the rear

While these laws may seem restrictive, they are intended to keep cyclists safe. Cyclists are at risk of suffering very serious injuries in the event of an accident, so following the law is always a good idea. Furthermore, it can help your case in the event you are injured in an accident because it can help prove that you were not at fault. 

What Pedestrians and Cyclists Can Do to Stay Safe

Despite the hazards that pedestrians and cyclists face from motor vehicle accidents, there are several simple steps that they can take to protect themselves. 

• Always obey traffic laws, signs, and signals. Traffic laws apply to and protect all road users, including pedestrians and bicyclists. Obeying state and local traffic laws and heeding all traffic signs and signals can significantly reduce our chances of being involved in an accident with a motorist. 
• Stay alert. An accident can happen in the blink of an eye, so bikers and walkers should remain vigilant at all times. Cyclists should keep an eye out for road hazards that can cause them to crash or force them out into traffic. Pedestrians should watch for motorists approaching from behind and look both ways before crossing the street. 
• Make yourself visible. One of the most common things you hear from motorists following either a bicycle or pedestrian accident is “I just didn’t see them.” Wear brightly colored clothing. If you are out at night, consider wearing reflective clothing. LED lights are lightweight and affordable and come in a variety of styles, from headlamps to vests to lights that strap onto your hands. Anything you can do to make yourself visible to motorists will reduce your chances of an accident. 
• Avoid walking and riding at night. While lighting and other ways of making yourself visible can help, the reality is that nighttime is always more dangerous for walkers and riders. If possible, avoid being out on the roads at night.   
• Ride and walk defensively. Always remember that most drivers are not looking for bicyclists and pedestrians. Make eye contact with drivers before entering the intersection to make sure they see you. Be prepared to stop or take other measures to avoid approaching motorists who may not see you. Be aware of and avoid unsafe situations and road conditions. Alert motorists to your intentions by using hand signals. 
• Plan your route. Both cyclists and pedestrians should plan ahead and create routes that avoid busy roadways, dangerous intersections, roads with poor visibility, or other high-traffic areas that will increase your risk of an accident. There are apps and other resources that you can use to research pedestrian or cyclist-friendly routes.  
• Cyclists should always wear a helmet. In the event of an accident, a quality bike helmet can make the difference between a minor inconvenience and a life-changing brain injury or death. 

The best thing you can do to protect yourself is to use your common sense. Remember that drivers are not looking for you, and therefore, you need to take ownership of your own safety. If you are injured in an accident, contact an experienced pedestrian and bicycle accident attorney to understand your rights. 

Contact Searcy Denney if You Have Been Injured in a Pedestrian or Bicycle Accident

Cyclists and pedestrians often experience severe injuries when they are struck by a car including concussions, broken bones, and spinal injuries. If you have been injured in an accident, we can help you get the compensation you need to rebuild your life. Call us today at 800-780-8607 or contact us online to schedule a free consultation.

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Traffic is a risk for motorists, cyclists and pedestrians on Tallahassee’s roads. Traffic accidents are among the leading causes of traumatic injuries—and they are among the most common reasons why local residents need to hire a Tallahassee injury attorney. Tallahassee’s traffic accident trends show that some types of accidents are more common than others, and they also shed light on some of the most common reasons why drivers cause accidents that could (and should) have been avoided.

10 Notable Tallahassee Traffic Accident Statistics

We can identify some notable trends from the traffic accident statistics available from the Florida Department of Transportation (FDOT) and Florida Department of Highway Safety and Motor Vehicles (FLHSMV). For example, here are some key figures for Tallahassee and the rest of Leon County:

• Total Traffic Accidents – In 2023, there were a total of 9,623 traffic accidents in Leon County according to FDOT. While this is significantly higher than the total number of accidents reported by FLHSMV (6,157 in 2023), both of these numbers suggest that there are a lot of avoidable traffic accidents in Tallahassee and the surrounding areas each year.
• Traffic Accident Trends Year-Over-Year – While the total number of traffic accidents dropped in 2020 during the COVID-19 pandemic, we saw an increase in 2021—and the total number of traffic accidents in Tallahassee and the rest of Leon County has remained relatively stable since then. Notably, however, the total number of traffic accidents in each of the past three years has been significantly lower than the average total number in the three years before the pandemic.
• Injuries in Traffic Accidents – FLHSMV reports that more than half of all traffic accidents in Leon County resulted in injuries in 2023. Rather than tracking all injuries, FDOT only tracks “serious injuries,” and it reports a total of 142 of these injuries in Leon County last year.
• Deaths in Traffic Accidents – In 2023, 38 people died in fatal traffic accidents in Leon County. This includes fatal accidents involving vehicle-on-vehicle collisions, single-vehicle accidents, and accidents involving cyclists and pedestrians. The total number of fatal traffic accidents in the county has remained fairly consistent over the past several years.
• Accident “Hot Spots” Around Tallahassee – A “heat map” of traffic accidents in Leon County on FDOT’s website shows that the substantial majority of all accidents in the county happen in and around Tallahassee. Along with the downtown area, the heat map shows particular “hot spots” north of town on I-10 and south of town on U.S. 319.
• Traffic Accidents By Time of day – FDOT reports that the majority of serious traffic accidents (those resulting in serious injuries or death) in Tallahassee and the surrounding areas occur during the afternoon rush hour, between 2:00pm and 6:00pm. Interestingly, the morning rush hour is one of the safest times to drive, and the late evenings and early mornings fall roughly in the middle.
• Traffic Accidents By Day of the Week – According to FDOT’s data, Saturday is the most dangerous day of the week to drive in and around Tallahassee. This is followed closely by Friday and Sunday. FDOT’s data suggest that Thursday is the safest day to drive, as Thursdays have both the fewest accident-related serious injuries and fatalities.
• Traffic Accidents By Month – Both FDOT and FLHSMV report that October is the most dangerous month for driving in Leon County. It’s not entirely clear why this is the case. The summer and winter months tend to be safest, while spring and fall see a rise in traffic accidents each year.
• Leading Causes of Traffic Accidents – Nearly half of all serious traffic accidents in Leon County in 2023 occurred at intersections. This includes traffic accidents involving other common causes, including improper lane departure, speeding, aggressive driving and drowsy driving.
• Drivers Most Likely to Cause Serious Traffic Accidents By Age – FDOT’s data indicate that drivers between the ages of 25 and 34 are most likely to be involved in traffic accidents involving serious injuries or fatalities. This is followed by drivers over the age of 65. Teen drivers fall in the middle in terms of the total number of accidents; however, the data also suggest that in percentage terms, teen drivers have one of the highest rates of serious accident involvement.

What Do Tallahassee’s Traffic Accident Trends Mean for You?

So, what do these Tallahassee traffic accident trends mean for you? While you might not always be able to choose exactly where and when you drive, avoiding Tallahassee’s most dangerous traffic areas during the most dangerous times of day can help reduce your risk of being involved in a serious car accident. With this in mind, here are some tips from an experienced Tallahassee car accident lawyer:

1. Be Especially Cautious During Your Evening Commute

While you should always be cautious when driving, Tallahassee’s traffic accident trends suggest that you should be especially cautious during your evening commute. When people are in a rush to get home (and perhaps checking for updates they missed at work on their phone), they are much more likely to make mistakes that result in serious accidents.

2. Be Especially Cautious at Intersections

The data suggest that it is also important to be especially cautious at intersections. This is where most serious accidents occur; and, by putting your own safety first, you may be able help yourself avoid a dangerous situation.

3. Avoid Tallahassee’s Traffic Accident “Hot Spots” When Possible

If you can avoid I-10 and U.S. 319 outside of Tallahassee during the busiest times of day, this will help to mitigate your risk as well. If you can’t, be on the lookout for drivers who are distracted, speeding, or driving aggressively.

Talk to a Tallahassee Auto Accident Lawyer for Free

At Searcy Denney, we help victims and families recover just compensation after serious traffic accidents in Tallahassee and the surrounding areas. If you would like to speak with a Tallahassee auto accident lawyer in confidence, call 800-780-8607 or request a free consultation online today. 

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Let’s say you’ve just suffered a personal injury in Florida. This can range from an automobile accident to a dog bite or from breaking a leg on an uneven staircase to a “slip and fall” in a big box store. All of these incidents may result in you being contacted by an insurance adjuster. Insurance adjusters are also called claims adjusters, claims administrators, and similar titles.

Most people are familiar with insurance adjusters in the context of a vehicle accident. That said, it’s important to note that an insurance company can avoid defending a personal injury lawsuit by working with you on a personal injury claim via an insurance adjuster. Therefore, knowing how to deal with an insurance adjuster is a critical part of the insurance claims process. Insurance adjusters are trained negotiators. Negotiating is a skill, and people who are not trained in negotiation may not realize they are being negotiated out of something to which they are or may be entitled. 

A claims adjuster may try to dominate the negotiation with tactics they are professionally trained to use against you. For instance, an adjuster might:

• Say that he has no ability to negotiate a higher number
• Make an initial offer far below what he is authorized to make
• Say that everything has to be approved by someone with more authority

An insurance adjuster might also use actions rather than words to show that he or she will not negotiate. In this case, the insurance adjuster might:

• Fail to return your emails, texts or phone calls
• Walk out of a meeting
• Cut off any conversation that references the settlement price 

Any of the above words or actions are designed to make you think that you don’t have options. However, the truth is that everything is negotiable, and the insurance adjuster knows that from the beginning. If you work with the claims adjuster from a position of strength and communicate that you know that everything is negotiable, then you are more likely to get a fair settlement. Remember that the insurance company probably doesn’t want to go to trial over your claim. The results of a trial are uncertain, which most insurance companies don’t want to risk. Additionally, most insurance companies do not want to deal with the cost of litigation and the amount of time required to prepare for trial.

Tips For Dealing With An Insurance Adjuster

Here are a number of tips to keep in mind when dealing with an insurance adjuster:

• Regardless of the situation, never admit fault. Fault is used to determine who is liable and may undermine your claim. Moreover, you should be aware that sometimes apologizing, speculating, and talking about things that happened beforehand (for example, making a comment after a car accident that “he just came out of nowhere”) can all sometimes be construed as admitting fault for the accident or injury. 
• Keep your comments to a minimum. While you must provide truthful and factual answers to the insurance adjuster, do not speculate or guess, and do not exaggerate any information. 
• Often, an insurance adjuster will seem to be sympathetic and friendly. But remember, they are trained to be this way. It’s their job to protect their company, not you. In a real sense, you are in adversarial roles. Do not get too familiar or friendly. You should be all business.
• Keep a record of your communications with the insurance adjuster. Log names, numbers, dates, and the substance of the communications you have had. By doing this, you’ll have a reference should anyone challenge your claims information. 
• If you’re being asked to sign a medical form or release, read it very carefully before signing. Sometimes, the adjuster wants access to your full medical history to determine whether you had a pre-existing medical issue that would allow the insurance company to dispute whether your injury is old or new. A Florida personal injury attorney can help you review and understand whether you should sign such forms or releases. 
• If you decide to accept a settlement and forgo your right to a lawsuit, you will be asked to sign a settlement agreement. Such a document typically recites that you waive your right to any additional compensation, even if there are unexpected future expenses related to the accident or injury. Again, it’s important for legal counsel to review a settlement agreement on your behalf. 
• Don’t be forced into giving a recorded statement. You always have the right to talk to an attorney first before giving a statement or anything else to a claims adjuster. 
• Choose your own doctor. Insurance companies will try to tell you that you have to see an insurance company-approved doctor, but in most cases, you can see your own physician.
• Watch out for surveillance. The insurance company will, in many cases, be looking for evidence that your accident was real and not staged. They also want to be sure that your injuries are what you claim they are. This may involve them conducting surveillance on your social media or speaking to your family, neighbors or work associates. So, for example, if you claim that your slip and fall in the hardware store caused a compressed spinal disc, and a week later you’re on the neighborhood basketball court doing jump shots, the insurance company is likely to deny or significantly reduce your claim.

Contact a Florida Personal Injury Attorney

An adjuster will evaluate the value of your claims based on your medical expenses, property damage if any, lost wages, other out-of-pocket expenses, and pain and suffering. However, the true cost of the accident will generally be higher than the sum of those items.  At Searcy Denney, we understand how a fair settlement value should be calculated. We can also help you deal with the numerous challenges and obstacles that victims face in the claims process, including disputes over fault, claims processing delays, and lowball settlement offers. Contact us today at 800-780-8607 to help you with your personal injury matter. 

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Palm Beach County, FL – March 21, 2024 – Andrea A. Lewis, Shareholder and esteemed trial lawyer at Searcy Denney Scarola Barnhart & Shipley PA, has been honored as the Best Personal Injury Attorney in the 2024 Palm Beach County Community Choice Awards by the Palm Beach Post. With a track record of excellence and dedication to justice, Andrea A. Lewis stands out as a formidable force in the legal arena. Her commitment to advocating for survivors of sexual assault and abuse, coupled with her extensive trial experience, has earned her widespread recognition.

Andrea Lewis’s selection as the Best Personal Injury Attorney is a testament to her unwavering dedication to her clients and her exemplary legal skills. As a former felony prosecutor and current civil litigator, Ms. Lewis has successfully handled numerous high-profile cases, including those involving sexual assault, sexually motivated crimes, and crimes against children. Her expertise has been sought after by national and international media outlets, including USAToday, FoxNews, CNN, ESPN, DailyMail, Barrons, Le Monde, Court TV, among others.

Among her notable achievements, Ms. Lewis secured an $8.5 million jury verdict against a medical concierge company and has recovered over $11 million for survivors of sexual assault and abuse in the last two years alone. Her dedication to justice extends beyond the courtroom, as she actively participates in leadership roles within the legal community, including serving as President-Elect of the Palm Beach County Bar Association.

Andrea Lewis’s commitment to justice, tireless advocacy and her remarkable accomplishments have not gone unnoticed, as she has been consistently recognized as one of the Best Lawyers in America, Palm Beach Illustrated’s Top Lawyers for Medical Malpractice and Personal Injury, and National Trial Lawyer’s Top 40 Under 40. She has also received the Young Lawyer of the Year award from the Palm Beach County Bar Association. Andrea Lewis’s dedication to her clients and her outstanding legal acumen make her a standout in the legal community.

For more information about Andrea A. Lewis and her legal practice, please visit www.searcylaw.com.

About Andrea A. Lewis:

Andrea A. Lewis is a Shareholder and experienced trial lawyer at Searcy Denney Scarola Barnhart & Shipley PA. With a wealth of trial experience, Ms. Lewis specializes in handling high-profile cases, including those involving sexual assault, sexually motivated crimes, and crimes against children. She has been widely recognized for her legal expertise and commitment to justice, earning numerous accolades and awards throughout her career.

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If you’ve suffered any type of personal injury that leaves you with large medical bills, lost wages, pain and suffering, and other damages, you may be able to file suit against the insurance company of the negligent party. But one thing you must know is that a defendant’s insurance company is working adversely to your interests. This means that they will seek to discover or uncover any evidence that will allow them to reduce their payment to you. One of the things they will be looking for is whether you have any pre-existing medical or physical conditions that would allow them to offer you reduced compensation.

Let’s start with a short primer on personal injury law in Florida and then move on to how pre-existing conditions affect your compensation.

Elements of a Personal Injury Case

There are three major elements of a personal injury case: liability, causation, and damages. Each of these factors must be proven before you can receive compensation for your injury. 

The first element is liability – that is, who caused the accident? In some cases, this is not difficult to discern. For example, if you were injured because a restaurant server spilled hot coffee on you, the server would likely be the liable party or at least one of the liable parties. However, if you suffered a slip or fall on someone else’s property, the negligent party may be more difficult to identify. It could be the property owner, the lessor of the property, a contractor, a subcontractor, a maintenance company, or some other party. 

The second element is causation. This refers to the causal relationship between one person’s conduct and another person’s injury. To show that a negligent party is liable for your injuries, you must first prove they caused them.

The third element is damages. You have to show that you have incurred compensable damages, meaning medical costs, lost income, other out-of-pocket costs, loss of consortium, pain and suffering, and other provable economic and non-economic damages. To be more specific, economic damages are the calculable costs that a victim has already lost, such as the total costs of medical treatment and the amount of wages you were unable to earn. Non-economic damages, also called pain and suffering damages, are awarded on top of out-of-pocket losses and are future-looking.

Out-of-pocket costs are relatively straightforward to calculate. You’ll have copies of medical bills, as well as documentation involving lost wages and other out-of-pocket expenses. To calculate pain and suffering, Florida juries can consider a variety of factors, including how severe your injuries are, the limitations they impose on your everyday life, and past, current and future suffering. These damages are specific to the injured person and situation. For example, damages incurred by a professional dancer who loses the use of his legs in a car crash will likely be greater than those incurred by an already wheelchair-bound person who loses the use of a leg. 

Once you’ve demonstrated that you’ve met the three elements of a personal injury case, you must demonstrate the extent of your injuries and how they affect your day-to-day life. Every injury is unique and can have various complications depending on the victim’s lifestyle and habits. We recommend that you keep a diary to write down all the difficulties you experience due to your injuries, as it provides a more complete picture of their impact and how they’re likely to affect your future.

How Pre-Existing Conditions Affect Damage Calculations

A pre-existing condition is a physical or mental condition or ailment that you had before an accident. For example, back problems, high blood pressure, depression, and many other diseases are pre-existing conditions. If you’ve suffered from these kinds of issues, you cannot credibly state that the accident caused them. You can, however, state that the accident made your condition worse. 

For example, degenerative disc disease is often a pre-existing condition associated with aging, but physical traumas such as car and truck accidents can lead to injuries that exacerbate the condition. Something as seemingly harmless as a soft tissue injury, like a minor whiplash from a rear-end collision can aggravate a person’s degenerative disc disease and cause massive amounts of pain and discomfort.

When a person’s pre-existing condition is permanently aggravated by an accident or new injury, the injured person suffers permanent damages or changes to the normal course of an ailment or condition. The permanent aggravation of that condition causes damage that will never be fully reversed or healed. Thus, the person is worse off healthwise than before the accident. 

Things get difficult when a pre-existing condition is associated with the injury caused by the accident. Note that it is vital to disclose your pre-existing condition to your attorney when pursuing a personal injury case. By being honest and upfront about a pre-existing condition, you and your attorney can show how the accident aggravated it.

The truth is that many insurance companies will try to use a pre-existing condition as an excuse to deny your claim or pay you less than it’s worth. While you cannot recover compensation for a condition that you had before the accident, you may be able to collect damages if the accident worsened your condition. An insurance company does not have the right to deny a claim simply because you have a pre-existing condition. 

Contact a Florida Personal Injury Lawyer Today

A claim that involves a pre-existing condition can become complicated very quickly. Therefore, it’s very important to consult a highly skilled Florida personal injury attorney who can help you collect relevant past and current medical documentation that proves how the accident worsened your pre-existing condition. Skilled and experienced legal representation can reduce your risk of a claim denial or low offer, ensuring your rights remain financially compensated despite your pre-existing condition. Contact Searcy Denney today at 800-780-8607 to learn more about how we can guide you through your personal injury case. 

The post The Impact of Pre-Existing Conditions on Personal Injury Claims in Florida appeared first on Searcy Law.

Personal injury cases in Florida span the range of injuries from car and truck accidents, medical malpractice, dog bites, trips and falls, and many others. Florida’s personal injury law sets out your legal rights if you have been injured in an accident that was not your fault. In a personal injury case, your attorney may assert negligence on the part of the other party. In other cases, there is a “strict liability” standard, such as when a manufacturer makes a defective product. In a strict liability case, proof of negligence is not required – the liability is imposed by law. 

Being injured in an accident is a difficult, stressful, and often painful experience. Accidents can also raise complicated questions about who is to blame, so it is important to contact a Florida personal injury lawyer as soon as possible. 

A Summary of Florida’s Personal Injury Law

Regardless of who or what caused your injuries, in order to be entitled to compensation, you need to be able to prove your claim for damages. This requires proof of:

• The cause of your injuries,
• The extent of your injuries, and
• The long-term effects of your injuries.

If you do not have evidence to prove that your injuries are accident-related, you can be almost certain that your insurance company will deny your claim for coverage. How do you prove a claim for damages after an accident in Florida? Proving your claim requires:

• A thorough on-site investigation;
• Follow-up investigation to obtain relevant records, video recordings, and other evidence;
• Immediate medical attention to document your diagnosis;
• Follow-up medical treatment and medical records; and

Statutes of Limitations

The statute of limitations, which is the amount of time you have to file a lawsuit for personal injury in Florida, depends on the type of case. If you do not bring your lawsuit before the time limit expires, Florida law could forever bar you from obtaining compensation from the person whose negligence injured you. Merely negotiating with the insurance company does not count as filing a lawsuit. 

Florida passed a statute of limitations reform in 2023, which affects how much time you have to file a lawsuit against a negligent party. The new law reduces the amount of time allowed to start a personal injury claim in Florida from four years to two years. Under the new law, most personal injury lawsuits must be filed within two years of the date of injury, or they will not be allowed. Florida already had a two-year statute of limitations on medical malpractice and wrongful death lawsuits. Here are some examples:

• You typically have only two years to take legal action on a medical malpractice claim. However, depending on the circumstances of the case, this may be extended up to four years.
• Assault and battery charges must be filed within a two-year period. 
• If you’re injured in a vehicle accident, the statute of limitations is typically two years.
• If you’ve been bitten by a vicious dog, you have two years to file your claim.
• If you suffered harm by a defective or dangerous product, you might have to sue within two years. 

This reduced period of time makes it more imperative than ever to contact a personal injury lawyer as soon as possible after suffering any substantial injury caused by someone else’s negligence. 

When your claim is against a local, state, or federal government agency, your statute of limitations could be much shorter than in a typical injury claim and the process is a bit different. You may have to commence an administrative action before taking a government entity to court. This means that first, you must attempt to have the government directly resolve the claim favorably on your behalf. Only after the denial of your claim do you have the right to file a lawsuit against the government. Depending on the facts of the case, you may have only six months or one year to file legal action.

When Does the Clock Start Running in an Injury Case?

Time starts to run on your filing deadline at one of three different points, depending on the circumstances.

• In most injury claims, the statute of limitations starts to run on the date of the injury. For example, if you’re struck by a car in the crosswalk, you generally have two years to file a lawsuit, beginning with the date of the collision.
• Sometimes, the harm is not immediately apparent, so the deadline could start to run on the date on which the plaintiff discovered or should have discovered the damage. This is often the case with medical malpractice, where the malpractice is not discovered until much later. This is also the case with diseases that take a long time to develop, such as asbestosis.
• Wrongful death cases usually have a two-year statute of limitations. The deadline starts to run on the date of death, not the date of the injury. 

It’s also important to note a new change to Florida law regarding the extent of your own negligence in your injury. Up until 2023, Florida courts followed a doctrine of “pure comparative negligence” when apportioning jury awards in personal injury claims. The 2023 law changes the standard to what is known as “modified comparative negligence.” That is, any award that you get will be reduced by the percentage of your own negligence. However, if you are found to be more than 50% negligent for your injury, you will recover nothing. 

Contact Searcy Denney If You’ve Suffered Injuries

If you or a loved one has suffered a serious injury due to another person’s negligence, you should contact a Florida personal injury lawyer as soon as possible. The legal system is complex, and the time it takes to bring a case is relatively short, considering all the investigation and preparation that must be conducted. Contact Seary Denney so we can start protecting your rights and help you get the compensation you deserve. Call 800-780-8607 today.

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FOR IMMEDIATE RELEASE 

West Palm Beach, FL – March 28, 2024 – Searcy Denney Scarola Barnhart & Shipley is proud to announce its success in being awarded the prestigious Palm Beach Post People’s Choice Awards, securing coveted 1st Place accolades for “Best Overall Law Firm.”

The firm’s accomplishment underscores its unwavering commitment to excellence and dedication to serving the community with unparalleled legal representation. This remarkable achievement would not have been possible without the steadfast support and trust of its valued clients and the unwavering dedication of its talented team. 

“We are immensely honored and humbled to be recognized as the Best Overall Law Firm in the Palm Beach Post People’s Choice Awards,” said Chris Searcy, CEO at Searcy Denney Scarola Barnhart & Shipley. “These awards are a testament to our tireless pursuit of justice and our deep-rooted commitment to providing exceptional legal services to our clients. We extend our heartfelt gratitude to everyone who have entrusted us with their representation and cast their votes in our favor.” 

Searcy Denney Scarola Barnhart & Shipley has long been renowned for its outstanding legal advocacy and unwavering dedication to client satisfaction. With a legacy of excellence spanning decades, the firm continues to set the standard for legal representation in Florida and beyond.  As a beacon of integrity and professionalism, the personal injury law firm remains faithful in its mission to deliver justice and uphold the rights of its clients, regardless of the challenges faced. 

For more information about Searcy Denney Scarola Barnhart & Shipley and its award-winning legal services, please visit www.searcylaw.com.

About Searcy Denney Scarola Barnhart & Shipley:

Searcy Denney Scarola Barnhart & Shipley is a leading law firm headquartered in West Palm Beach, Florida and Tallahassee, Florida. With a distinguished history of providing exceptional legal representation, the firm is committed to serving clients with integrity, compassion, and professionalism. Specializing in a wide range of practice areas, including personal injury, medical malpractice, product liability, and wrongful death, Searcy Denney Scarola Barnhart & Shipley is dedicated to securing justice and compensation for those who have been wronged.

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Contaminated eye drops present serious risks. Not only can they cause blindness and other serious medical conditions, but they have also been linked to at least four cases of premature death caused by severe bacterial infections since 2023.

The U.S. Food and Drug Administration (FDA) recognizes these risks. As it states, eye drops present, “a potential heightened risk of harm to users because drugs applied to the eyes bypass some of the body’s natural defenses.” But, while the FDA regulates eye drops (and all other medical products sold in the United States), its ability to prevent contaminated eye drops from landing on pharmacy shelves is limited.

This makes it extremely important for consumers and families to be vigilant about protecting their health and their legal rights. Consumers, parents and other family members can check for eye drop recalls through the FDA’s website, and they should seek a diagnosis at the first sign of a possible infection. After receiving a diagnosis of a contamination-related infection, it is critical to speak with an attorney about your (or your family’s) legal rights as well—as the financial and non-financial costs can be substantial.

FDA Regulation of Eye Drops: How the Government Can (and Can’t) Help Prevent Contamination

The FDA is the federal agency responsible for regulating the sale of medical products (including eye drops) in the United States. It has several legislative and regulatory tools at its disposal, and it has the authority to conduct inspections, send Warning Letters, and initiate recalls as necessary.

But, the FDA’s ability to regulate the sale of contaminated eye drops is also inherently compromised. The FDA can only do so much when it comes to proactively ensuring compliance; and, even once a problem has been discovered, the FDA must follow certain processes and procedures—which often means that companies can continue to manufacture and sell contaminated products for years. Unfortunately, this often means that consumers and families don’t learn about dangers until it is already too late.

With this in mind, here is an overview of some of the FDA’s primary tools and resources for regulating eye drops to prevent contamination:

The Food, Drug and Cosmetic Act (FDCA)

The Food, Drug and Cosmetic Act (FDCA) is the primary source of the FDA’s enforcement authority. This federal statute imposes several requirements for manufacturers that are specifically intended to ensure the safety of eye drops and other medical products. All eye drop manufacturers must fully comply with the FDCA, and the FDA has the authority to enforce compliance once it discovers a violation that puts consumers’ or patients’ health at risk.

Premarket Approval (PMA)

The FDA’s premarket approval (PMA) process is also designed to help prevent dangerous medical products from ending up on pharmacies’ and health care providers’ shelves. However, this process has been substantially eroded over the years, thanks in large part to lobbying by the medical industry. Today, manufacturers can secure approval without going through the FDA—whether they work with a third party examiner or self-certify compliance.

Current Good Manufacturing Practice (CGMP) Regulations

The FDA’s Current Good Manufacturing Practice (CGMP) regulations work with the FDCA to establish companies’ compliance obligations when manufacturing eye drops and other medical products. Even more so than the FDCA, the CGMP regulations are focused on ensuring that all medical products are manufactured in a safe and sterile environment that prevents contamination and other risks. As the FDA explains:

“[The] FDA ensures the quality of drug products [including eye drops] by carefully monitoring drug manufacturers’ compliance with its Current Good Manufacturing Practice (CGMP) regulations. The CGMP regulations . . . contain minimum requirements for the methods, facilities, and controls used in manufacturing, processing, and packing of a drug product. The regulations make sure that a product is safe for use, and that it has the ingredients and strength it claims to have.”

Compliance with the CGMP is mandatory for eye drop manufacturers, as noncompliance can have severe—and even life-threatening—consequences. Yet, noncompliance is common, and the FDA often only takes action after learning that a manufacturer is selling contaminated or adulterated products.

Manufacturing Facility Inspections

The FDA has the authority to inspect manufacturers’ facilities in various circumstances. This includes conducting inspections during the PMA process, conducting inspections to assess CGMP compliance and conducting inspections in response to safety concerns. Following these inspections, the FDA can take remedial actions ranging from mandating compliance before issuing approval to issuing recall notices and Warning Letters.

Voluntary and Mandatory Recall Notices

Recalls are critical for removing contaminated eye drops and other dangerous medical products from circulation. While the FDA usually issues voluntary recall notices to manufacturers, it also has the authority to institute mandatory recalls when necessary to protect the public. Since early 2023, the FDA has issued recall notices to several companies related to their manufacturing and sale of contaminated eye drops.

Warning Letters

When manufacturers and other companies don’t comply with recall notices or the FDA’s inspection findings, the FDA’s next step is usually to issue a Warning Letter. Warning Letters serve as formal notice of non-compliance; and, if a company ignores a Warning Letter from the FDA, the next step is usually enforcement action.

What Consumers and Families Can Do to Recover the Costs of Infections from Contaminated Eye Drops (and Help Prevent Future Contamination)

Even if the FDA eventually takes enforcement action against an eye drop manufacturer, this does nothing to help those who have already suffered adverse consequences due to contaminated eye drops. Instead, victims and their families must take legal action of their own. By filing lawsuits to hold companies accountable for manufacturing and selling contaminated eye drops, not only can victims and families recover just compensation, but they can also give these companies a financial incentive to avoid selling contaminated products in the future.

Schedule a Free Consultation with a Contaminated Eye Drop Lawyer at Searcy Denney

If you need to know more about filing a lawsuit related to contaminated eye drops, we strongly encourage you to get in touch. We represent individuals and families nationwide, and we have helped numerous clients obtain just compensation for harm caused by dangerous and defective products. To learn more in a free and confidential consultation, give us a call at 800-780-8607 or request an appointment online today. 

The post The Role of the FDA in Regulating Eye Drops to Prevent Contamination appeared first on Searcy Law.

The U.S. Food and Drug Administration (FDA) has recently identified several brands of eye drops that were sold with contaminants. These contaminants—which were introduced into the affected eye drops during the manufacturing process—present serious risks for users, including the risk of life-altering or even life-threatening bacterial infections.

This raises an important question: Why is this the case? Why have multiple companies recently sold contaminated eye drops—particularly when FDA regulations exist specifically to ensure that this does not happen?

How Eye Drops Become Contaminated

In order to understand the answers to these questions, we have to examine the manufacturing process for eye drops. Companies typically manufacture eye drops in large facilities that also manufacture numerous other types of products. While some of these facilities are set up to meet the FDA’s requirements and ensure compliance with the Current Good Manufacturing Practice (CGMP) regulations, others are not.

To manufacture eye drops for sale in retail stores and online, companies use automated machines to mix the various formulas that they sell. Machines then pour the eye drops into bottles, which are then sealed (also using a mechanical process in most cases). Throughout this entire process the eye drops are supposed to remain in a sterile environment, as the FDA explains:

“These products are intended to be sterile. Ophthalmic drug products [such as eye drops] pose a potential heightened risk of harm to users because drugs applied to the eyes bypass some of the body’s natural defenses.”

Contamination occurs when a flaw in the manufacturing process compromises eye drops’ sterility. In the recent recalls, we have seen two primary issues that have resulted in the large-scale sale of contaminated eye drops:

• Failure to Maintain Adequate Sterilization During Manufacturing – In many cases, eye drops become contaminated during the manufacturing process. Companies fail to take the necessary steps to ensure that their manufacturing facilities are sterile, and this allows contaminants to get into their eye drop formulas before the eye drops are packaged for sale.
• Using Compromised Bottles or Lids to Package Eye Drops – There have also recently been cases of companies selling eye drops in unsafe packaging. If an eye drop bottle or lid is compromised, harmful bacteria can get into the bottle while in storage or in transit to pharmacies.

Another reason for the large-scale contamination issues is that companies often buy eye drops from the same manufacturing facility and then resell them under their own brand. For example, retailers like CVS, Rite Aid and Target don’t have facilities to manufacture their own store brand eye drops. Instead, they buy eye drops in bulk (at a discounted price) and then affix their own labels before selling them to the public. As a result, issues at one manufacturing facility can affect multiple brands—and that is exactly what we are seeing with many of the contaminated eye drops that have been sold over the past year.

Compliance with the FDA’s Current Good Manufacturing Practice (CGMP) Regulations is Critical

The FDA’s Current Good Manufacturing Practice (CGMP) regulations are one of the most important sources of protection for consumers who purchase eye drops and other medical products. While manufacturers must comply with numerous laws and regulations, the CGMP regulations establish clear, specific and extensive safeguards that are designed to prevent contamination and other similar types of issues. As the FDA explains:

“Adherence to the CGMP regulations assures the identity, strength, quality, and purity of drug products by requiring that manufacturers of medications adequately control manufacturing operations. This includes establishing strong quality management systems, obtaining appropriate quality raw materials, establishing robust operating procedures, detecting and investigating product quality deviations, and maintaining reliable testing laboratories. . . .

“A consumer usually cannot detect (through smell, touch, or sight) that a drug product is safe or if it will work. . . . Therefore, it is important that drugs are manufactured under conditions and practices required by the CGMP regulations to assure that quality is built into the design and manufacturing process at every step.”

As a result, failure to comply with the CGMP when manufacturing eye drops and other medical products is a big deal. It can expose consumers to substantial risks—including risks from which they may never recover. In the case of contaminated eye drops, the FDA has determined that manufacturers’ failure to adhere to the CGMP has resulted in the introduction of harmful bacteria including (but not limited to):

• Alpha Streptococcus
• Bacillus SPP
• Coagulase Negative Staphylococcus
• Haemophilus
• Pseudomonas Aeruginosa (P. aeruginosa)
• Serratia SPP
• Staph Aureus

These bacteria can be extremely dangerous. For example, the FDA and U.S. Centers for Disease Control and Prevention (CDC) have linked an outbreak of P. aeruginosa to contaminated eye drops. During the outbreak, which began in 2023, the CDC has identified at least 81 cases of P. aeruginosa infections, representing a 16-percent increase over the prior period. According to the CDC, P. aeruginosa infections linked to contaminated eye drops have caused at least 14 cases of vision loss, four surgical eye removals and four premature deaths.

These are just the reported adverse outcomes linked to one of the many forms of harmful bacteria found in contaminated eye drops.

With this in mind, anyone who has concerns about the safety of their eye drops should check the FDA’s recall alerts, and they should see their doctor promptly if they are experiencing eye pain, blurred vision, discharge or any other possible symptoms of a bacterial infection. Those who are diagnosed with infections should also consult with an attorney about their legal rights. Companies that sell contaminated eye drops can be held liable for users’ financial and non-financial losses, and individuals and families across the country are actively pursuing claims for just compensation.

Speak with a Lawyer About Filing a Claim for Contaminated Eye Drops

If you would like to know more about filing a claim for an infection caused by contaminated eye drops, we invite you to get in touch. To speak with a lawyer about your legal rights in confidence, please call 800-780-8607 or request a free consultation online today.

The post Understanding the Manufacturing Process of Eye Drops and How Contamination Can Occur appeared first on Searcy Law.