Exactech is a manufacturer of medical implants, including ankle, knee, hip and shoulder replacement devices. Unfortunately, due to poor manufacturing practices and quality control issues, Exactech has been forced to recall hundreds of thousands of its implantable medical devices over the past few years. While some patients may receive news of Exactech’s recalls in time to protect themselves from serious complications, for many, the company’s recalls come too late.

In addition to the significant medical implications of the Exactech recalls, these recalls have significant legal implications as well. Patients affected by the company’s defective ankle, knee, hip and implant devices can—and should—seek just compensation for the costs and complications they suffer. Medical device manufacturers like Exactech have a legal duty to ensure that their products are safe for use as intended, and when they fail to do so, they can—and should—be held accountable.

The Legal Implications for Patients

As a patient, what are your legal rights if you received a defective Exactech ankle, knee, hip or shoulder replacement device?

When companies like Exactech sell defective medical devices, they can be held fully liable for the costs that patients and their families incur as a result of their devices’ defects. This includes both current and future costs, and it includes both out-of-pocket costs and non-financial losses. As a result, patients and families that have claims for defective Exactech ankle, knee, hip and shoulder implants can seek to recover just compensation for their:

• Medical expenses (including diagnosis, treatment, revision surgery, and post-op therapy)
• Prescriptions, medical supplies, transportation and other expenses
• Loss of income due to inability to work (or needing to take time off of work to attend to medical needs)
• Pain and suffering caused by defective Exactech ankle, knee, hip and shoulder implants and their complications
• Emotional trauma caused by receiving a defective medical implant and being forced to deal with its consequences
• Loss of companionship, consortium, enjoyment of life, society and support
• Other financial and non-financial losses they suffer (or are likely to suffer in the future) as the result of receiving a defective Exactech implant

If you’ve ever been injured in a vehicle collision or slip-and-fall accident, you may be familiar with the concept of negligence. In these types of cases, proof of negligence is required to establish legal liability on the part of the at-fault party.

But, in cases involving defective medical devices, proof of negligence is not required. Instead, manufacturers like Exactech are “strictly liable” for putting dangerous medical devices on the market. This means that simply by selling medical devices that don’t meet the requisite standards for patient safety, Exactech is fully responsible for any losses that patients and their families are forced to endure.

With this in mind, if you or someone you love has experienced complications or undergone revision surgery after receiving an Exactech ankle, knee, hip or shoulder implant, you should speak with a lawyer about your legal rights. This costs nothing, and it could be the first step on your road to recovery. Most patients and families affected by defective Exactech implants experience significant financial and non-financial losses, and recovering these losses is critical for allowing them to move on.

Numerous patients and families have already filed lawsuits against Exactech—and won. At this point, there is no question that many of Exactech’s implantable medical devices are defective. The issues with Exactech’s implants are well-known, and the U.S. Food and Drug Administration (FDA) currently advises against implanting these devices in new patients.

When you hire a lawyer at Searcy Denney to file an Exactech lawsuit, your lawyer will work closely with you to gain a clear understanding of your (or your family’s) current and future losses. Your lawyer will also work with your (or your loved one’s) medical providers to document the effects of the defective implant and clearly establish your right to just compensation. Your lawyer will then use this documentation to negotiate for a favorable out-of-court settlement, and if you do not receive a satisfactory offer, your lawyer will take your Exactech lawsuit to court.

The Legal Implications for Hospitals

While Exactech’s legal responsibility for selling defective medical devices is clear, what do the Exactech recalls mean for hospitals that implanted the company’s defective medical devices in patients for years?

The short answer is, “It depends.”

For a long time, hospitals had no reason to suspect that there were issues with Exactech’s devices. Exactech is a well-known medical device manufacturer that has been in business since 1985. As long as hospitals reasonably believed that Exactech’s devices were safe, as a general rule, this means that they are safe from liability for the harm these devices caused.

However, the Exactech recalls began in 2021, and, as a result of the recalls, the FDA now provides clear recommendations against implanting Exactech’s defective devices. If a hospital knew or should have known that Exactech’s medical implants were potentially dangerous, then it could be liable for continuing to implant these devices in patients’ bodies.

In these cases, in addition to having strict liability claims against Exactech, patients and their families may also have claims for medical malpractice. For obvious reasons, healthcare providers who perform implant surgeries are held to a high standard of care. As a result, implanting devices that are known to be defective against the FDA’s recommendations will expose hospitals to legal liability in many cases. Our lawyers can determine whether you have a medical malpractice claim as well, and if you do, we can pursue just compensation from all available sources on your behalf.

Discuss Your Legal Rights with a Lawyer at Searcy Denney for Free

If you need to know more about filing a lawsuit related to a defective Exactech ankle, knee, hip or shoulder implant, we encourage you to contact us promptly. Our lawyers will provide free advice so that you can make informed decisions about your next steps. To schedule an appointment at Searcy Denney, please call 800-780-8607 or tell us how we can reach you online today.

The post The Legal Implications of the Exactech Recall for Patients and Hospitals appeared first on Searcy Law.

Exactech has recalled hundreds of thousands of implantable ankle, knee, hip and shoulder replacement devices over the past few years. If you or a loved one received an Exactech implant in 2004 or later, it will be important for you to learn about the ongoing recalls and ensure that you seek appropriate medical care as necessary. If you or a loved one needs medical care due to receiving a defective Exactech implant, you will want to speak with a lawyer about your legal rights as well.

The History of Exactech’s Defective Ankle, Knee, Hip and Shoulder Implant Devices

While the recalls involving Exactech’s defective ankle, knee, hip and shoulder implant devices did not begin until 2021, the issues with these devices date all the way back to 2004. This is when, as the U.S. Food and Drug Administration (FDA) discovered, Exactech began using packaging that allowed its devices to become compromised before being implanted in patients’ bodies. As the FDA explains:

 “Many Exactech joint replacement devices (including knees, ankles, and hips) were packaged in defective packaging bags . . . missing one of the oxygen barrier layers that protect devices from oxidation, a chemical reaction with oxygen that can degrade plastics over time. Oxidation can lead to accelerated device wear/failure, and component cracking or fracture, all leading to corrective revision surgery. Some of the recalled devices are associated with increased risk of revision surgeries and bone loss related to excessive device wear/failure.”

While this information from the FDA is specific to Exactech’s ankle, knee and hip implants, the FDA has raised similar concerns with the packaging used to ship the company’s Equinoxe Shoulder System joint replacement devices to hospitals around the country. As a result, if you or a loved one has received any type of medical implant manufactured by Exactech, you will want to consult with your (or your loved one’s) healthcare provider to determine if the implant poses a health risk.

Here is a timeline of the Exactech recalls initiated to date:

June 2021

Exactech issued a recall for its Novation, Acumatch, and MCS hip replacement devices in June 2021. The recall related specifically to the “GXL” liners used in these devices, which presented a risk for “Excessive and premature wear.” The FDA classified this as a Class II recall, which means the FDA has determined that “use of, or exposure to, [these devices] may cause temporary or medically reversible adverse health consequences or . . . the probability of serious adverse health consequences is remote.”

October 2021

Exactech issued a recall for its Optetrak, Logic, and Truliant knee replacement and Vantage total ankle replacement devices in October 2021. The FDA also classified this as a Class II recall.

February 2022

On February 7, 2022, Exactech issued an expanded recall for its Optetrak, Logic, and Truliant knee replacement and Vantage total ankle replacement devices. This recall related specifically to devices shipped in the company’s defective packaging. According to the FDA, “around 80% of the knee and ankle replacement devices manufactured since 2004 were packaged in defective bags.”

April 2022

On April 7, 2022, Exactech issued an updated Urgent Medical Device Correction notice advising healthcare providers to avoid implanting the company’s knee and ankle replacement devices shipped in defective packaging. The notice covered devices manufactured between January 2004 and August 2021.

August 2022

Exactech expanded its hip replacement device recall in August 2022 to include all devices with polyethylene components shipped in defective packaging. The FDA also classified this as a Class II recall on September 9, 2022.

June 2023

On June 30, 2023, Exactech issued a recall for its shoulder replacement device systems. Unlike the previous ankle, knee and hip recalls, this recall related not to the devices’ packaging but rather to issues with the devices themselves and the tools used to implant them during surgery. This was also a Class II recall.

January 2024

On January 16, 2024, the FDA announced that Exactech has refused to issue a recall related to the packaging used to ship its shoulder implant devices. This is despite the fact that, “[s]ome Equinoxe Shoulder Systems were packaged in defective bags that were missing one of the oxygen barrier layers that protect the devices from oxidation,” similar to the company’s ankle, knee and hip implants. Even though Exactech has not issued a recall specific to this issue, the FDA still recommends against implanting Exactech Shoulder Systems that may have been shipped in defective packaging.

Ongoing Concerns Related to Exactech’s Defective Medical Devices

Unfortunately, for many patients, the Exactech recalls came too late. According to the FDA, Exactech has been shipping implant devices to healthcare providers in defective packaging since at least 2004. Additionally, despite the FDA’s recommendations against implanting Exactech’s potentially dangerous devices, many healthcare providers continued to implant Exactech devices after the recalls were issued.

With this in mind, anyone who received an Exactech implant in 2004 or later should consult with their doctor about the risks they may be facing. As outlined by the FDA, these risks include:

• Bone loss
• Component fracture
• Device failure
• Early and excessive device wear
• Pain
• Swelling

In some cases, patients may simply need to monitor for signs of these risks. However, in other cases, revision surgery to remove and replace a defective Exactech device may be necessary.

As we said in the introduction, if you or a loved one has received a defective Exactech implant, you will want to speak with a lawyer about your legal rights. The financial and non-financial costs of these defective implants can be devastating for many patients and families. However, Exactech can—and should—be held accountable, and you can hire an experienced lawyer to help you assert your legal rights at no out-of-pocket cost.

Speak with an Exactech Lawyer at Search Denney for Free

Would you like to speak with an Exactech lawyer about your legal rights? If so, we invite you to get in touch. To schedule a free, no-obligation consultation at Searcy Denney, please call 800-780-8607 or tell us how we can help online today.

The post A Timeline of the Exactech Recall: How it Unfolded appeared first on Searcy Law.

Over the past couple of decades, hundreds of thousands of patients in the United States have received defective medical implants manufactured by Exactech. While the U.S. Food and Drug Administration (FDA) has identified various issues with Exactech’s devices, the main issue has to do with how the company packaged its devices from 2004 through 2021. Due to flaws in the company’s packaging, certain components in its devices were able to oxidize, leading to accelerated wear, degradation and failure.

This left many patients to cope with pain, complications and limitations that were worse than those they experienced before their implant surgeries. Many patients have also been forced to undergo revision surgeries to have their defective Exactech ankle, knee, hip and shoulder implants replaced. As a result, the FDA is currently recommending against the implantation of Exactech devices, and this means that patients and healthcare providers must consider the alternatives that are available.

Why It’s Important to Consider Alternatives to Exactech

Based on the FDA’s recommendations, no healthcare providers should be implanting Exactech’s dangerous ankle, knee, hip and shoulder replacement devices. The wear, degradation and failures caused by Exactech’s defective packaging present several significant health risks—and these are risks that can be avoided with other treatment modalities. According to the FDA, the issues with Exactech’s devices can cause complications including bone loss and fractures, with the following often being signs that prompt revision surgery may be necessary:

• New or worsening pain
• Swelling in the area of the implant
• Inability to bear weight
• Grinding or other noises or unusual sensations in the area of the implant
• Weakness around the implanted device

For patients who experience serious complications from defective Exactech implants, the costs can be substantial. This includes not only the costs of revision surgery and other necessary care, but also loss of income, pain and suffering, and other financial and non-financial losses. In light of these risks (and the FDA’s recommendations), patients and their healthcare providers should choose alternatives to Exactech’s recalled medical devices going forward.

Alternatives to Exactech Ankle, Knee, Hip and Shoulder Replacements

Fortunately, for patients who have ankle, knee, hip and shoulder problems and who haven’t received an Exactech implant, there are multiple alternatives available. Some examples of potential alternatives include:

Ankle, Knee, Hip and Shoulder Implants from Other Medical Device Manufacturers

Exactech is not the only company that manufactures replacement ankle, knee, hip and shoulder implant devices. For patients who need joint replacements, choosing a device from another manufacturer may be the best option.

Alternative Surgical Treatments

While joint replacement surgery is necessary in some cases, there are also alternative surgeries that have been successful in relieving patients’ joint issues without implanting an artificial device. Some examples of these alternative procedures include Arthroscopic Biologic Total Shoulder Resurfacing (ABTSR), Humeral Head Resurfacing (HHR), Glenoid Resurfacing (GR) and regenerative surgeries such as Fresh Osteochondral Allograft Transplantation Surgery (OATS). There are other alternative surgical procedures as well, and determining which of these options may be suitable for a particular patient will require a careful diagnosis and consideration of all pertinent risk factors.

Cortisone Injections and Other Non-Surgical Treatments

Cortisone injections and other non-surgical treatments have also proven effective for treating joint mobility issues and joint pain in some cases. Non-surgical treatment is generally preferred whenever possible, and oftentimes, patients who assume that they need a joint replacement simply are not aware of the non-surgical alternatives that are available.

Physical and Occupational Therapy

Along with non-surgical treatments like cortisone injections, physical and occupational therapy can also be effective treatment modalities for joint issues in some cases. Oftentimes, even when it appears that surgery may be necessary, it will be worthwhile for patients to try these alternatives before scheduling invasive implant procedures.

Pain Management

Pain management will be a suitable solution for some patients as well. Oftentimes, pain management medications will be used in combination with therapy and/or other treatment modalities. Implant surgeries are major procedures, and they inherently carry certain risks and uncertainties. As a result, some patients may prefer to manage their symptoms rather than go under the knife. Additionally, patients who begin with an approach focused on symptom management can choose to have surgery later if necessary.

While these are some examples of potential alternatives to Exactech ankle, knee, hip and shoulder replacements, these are not the only options that are available. Individuals who are dealing with pain, limited mobility and other issues should consult with their doctors to ensure that they are making informed decisions about how best to address their personal medical needs.

What If It’s Too Late to Use an Alternative?

For patients who have already received defective Exactech implants, it is important to seek advice from their doctors as soon as possible. Defective Exactech implants are prone to breaking down over time, with this degradation eventually leading to total failure. Generally, addressing any issues presented by a defective implant before a total failure will allow for the best possible patient outcome in light of the circumstances presented.

For patients who have received defective Exactech implants, revision surgery—replacing the defective implant with a safe implant manufactured by a different company—may be the only viable option. These procedures are expensive, and, like all surgeries, these present certain risks. Once again, it is critical that patients consult with their doctors to ensure that they are making informed decisions, and those who have received defective Exactech implants will want to speak with a lawyer about their legal rights as well.

Discuss Your Legal Rights with an Exactech Lawyer at Searcy Denney

The Exactech lawyers at Searcy Denney represent patients and families nationwide who need to seek just compensation for the financial and non-financial harm caused by defective ankle, knee, hip and shoulder implant devices. If you need to learn about your legal rights, you can contact us to arrange a free, no-obligation consultation. To speak with an experienced Exactech lawyer in confidence as soon as possible, give us a call at 800-780-8607 or request an appointment online today.

The post Alternatives to the Exactech: Exploring Other Surgical Tools and Techniques appeared first on Searcy Law.

Car accidents in Florida are more common than in other states. Our warm weather and reputation as a tourist destination result in high levels of traffic from residents and out-of-state visitors. Statistics for 2023 show that Florida ranked among the top states for car accidents, following closely behind California and Texas. Contributory factors include congested highways, high traffic volume and poor driving habits. Through August 2023, statistics show that there were 239,810 total car crashes in Florida, which included 1,886 fatalities.  

The following Florida counties had the largest number of deaths in 2022 from motor vehicle accidents: 

• Broward County 
• Miami-Dade County 
• Hillsborough County 
• Palm Beach County 
• Orange County 
• Lee County 

Fatalities and injuries from car accidents cause immeasurable suffering among victims, their families and the community. A Florida car accident attorney can help you understand if you have a case. Read on to learn more about the major causes of car accidents and what you can do to prevent them.

The 10 Major Causes of Car Accidents

The ten major causes of car accidents in Florida include the following:

• Distracted Driving – Distracted driving occurs when a driver is not paying full attention to the road. It includes texting, setting GPS directions, and eating or drinking behind the wheel. Even talking with a passenger in the car may be considered distracted driving, depending on the circumstances.
• Fatigued Driving – Fatigued driving is a major cause of accidents on the road. In many cases, it’s the result of driving long distances and failing to take a break and refresh. It may also be the result of lack of sleep, working long hours, or extreme physical or mental exertion. 
• Impaired Driving – Impaired driving is driving while under the influence of alcohol, illegal drugs, prescription medications, over-the-counter sleep aids, or other substances that cause the driver to not be at peak driving capability.
• Reckless Driving – Reckless driving includes a number of unsafe maneuvers, including speeding, tailgating, weaving through traffic, merging without looking or properly signaling, or weaving in and out of traffic lanes. Some of these reckless driving maneuvers are described in more detail in the list below.
• Poor Weather Conditions – Florida is known for its unpredictable weather, which can lead to hazardous driving conditions. To avoid weather-related accidents, slow down and increase your following distance in rainy or foggy conditions. Also, be aware of potential hazards such as standing water or fallen debris.
• Dangerous Road Conditions – Dangerous road conditions may include roads that are poorly engineered or constructed, as well as roads that, while properly engineered, are not well maintained. Poor design, construction and maintenance may result in potholes, low shoulders, inadequate merging, and other issues that cause a driver to lose control. 
• Running Red Lights – Running red lights is a common cause of car accidents in Florida, often resulting in T-bone collisions. To avoid running red lights, always obey traffic signals and come to a complete stop at intersections.
• Tailgating – Tailgating, or following another vehicle too closely, is a leading cause of rear-end accidents in Florida. To avoid tailgating accidents, maintain a safe following distance and be aware of the vehicles around you. The “three-second interval” discussed below is a rule worth knowing and following to avoid tailgating collisions.
• Failure to Yield – Failure to yield, such as not giving the right of way or merging without signaling, can lead to accidents. To avoid failure-to-yield accidents, always yield to oncoming traffic and use your turn signals when merging or changing lanes.
• Inexperienced Drivers – Inexperienced drivers, such as teenagers or new drivers, are more likely to be involved in accidents in Florida. To avoid accidents involving inexperienced drivers, always practice defensive driving and be aware of your surroundings.

How to Avoid Car Accidents 

There are a number of common-sense steps that you can take to avoid car accidents. First, make sure that your car is well-maintained. Keep up with the car manufacturer’s recommendations about when to change your oil and other liquids, and rotate and/or replace your car’s tires as suggested by the manufacturer or your mechanic. Keep your windshield clean of debris, and replace cracked windshields promptly. A well-maintained car is less likely to be in a car accident in the first place. In addition, follow these steps:

• Slow down and drive to weather conditions – Always drive within the speed limit. If there are weather conditions negatively impacting your drive, such as snow, rain, sleet, or sun glare, slow down below the speed limit.
• Be a “Friendly Driver” – Yield to other drivers and be courteous. Road rage frequently is a contributing factor in car accidents. 
• Maintain a safe following distance – Increasing the distance between your car and the car ahead of you gives you time to recognize a hazard and react appropriately. The National Safety Council recommends the “three-second interval.” When following a vehicle, pick an overhead road sign, a tree or other roadside marker, and make a mental note when the vehicle in front of you passes that marker. Then, count how many seconds it takes for you to pass the same spot. If it is not at least three seconds, leave more space and increase your following distance.
• Look both ways before you enter an intersection.
• Signal every turn and lane change. Do this even if you think you’re the only one on the road, as someone may be in your blind stop. 
• Stop at red lights and stop signs.
• Don’t drive if you’ve been drinking or partaking of other illegal substances.

Contact a Florida Car Accident Attorney at Searcy Today

Car accidents can cause profound suffering among victims and their families and can be extremely disruptive to lives. In some cases, things will never be the same, particularly if fatalities or permanent injuries result. At Searcy Denney, we are committed to helping you receive the compensation to which you are entitled if you are a victim of a car accident. Such compensation can include medical expenses, lost wages, pain and suffering, and other compensation. 

We have decades of experience in handling car accidents and personal injury cases and can help you put your life back together. We have the financial resources to withstand a long trial if necessary. Contact a Florida car accident attorney today at 800-780-8607.

The post The Top 10 Causes of Car Accidents in Florida and How To Avoid Them appeared first on Searcy Law.

Being in a car accident can be a traumatic experience, particularly if there are serious personal injuries and/or significant damage to your car. Understanding the legal process in Florida is imperative to knowing your rights and options and securing fair compensation.

Steps to Take Immediately After an Accident 

Immediately following an accident, you should take these steps:

• The very first priority after a vehicle accident is to ensure that everyone is safe. If possible, move the car to a safe location off of the road or highway and check for injuries. If anyone is injured, call 911 immediately. It’s important to seek medical attention if you believe that you or someone else has suffered whiplash or other injuries that are not immediately apparent.
• The next step is to exchange contact and insurance information with the other driver or drivers who are involved in the accident. Such information should include names, addresses, phone numbers, insurance companies, and policy numbers.
• If there are witnesses, obtain their contact information as well. 
• Document the accident scene, including vehicle damage, road conditions, and visible injuries. Write down your recollection of what happened leading up to the accident, including the time, date and location.
• In Florida, you are required to report a car accident to the police if the accident results in injury, death or property damage of more than $500. If the police do not report to the scene, you should file a report at the local police station or through the Florida Highway Safety and Motor Vehicles website. 
• Report the accident to your insurance company as soon as possible. Be honest and provide accurate information about what happened. Failure to report the accident promptly could result in a denial of coverage.

Understanding Florida’s No-Fault Insurance System

What are your rights if you’re injured in a car accident in Florida? Florida is a no-fault insurance state, which means that your own insurance company is responsible for covering your medical expenses and lost wages. A claim is made under the policy’s Personal Injury Protection (PIP) coverage. PIP will pay compensation for:

• 80% of reasonable medical expenses incurred due to accident-related injuries.
• 60% of lost income if accident-related injuries prevent the policyholder from working.
• $5,000 in death benefits if a collision is fatal.(These death benefits will be paid to the estate of the deceased or to relatives of the deceased accident victim.).

However, you can pursue a personal injury lawsuit against the at-fault driver if the accident was not minor and you meet certain criteria. Here are the steps to take if the accident was not your fault.

• As set forth above, first you must file a “No-Fault” claim with your own insurance company. This is a claim under your personal injury protection policy and covers lost wages and medical bills up to the policy limit. In most cases, the policy limit is $10,000. Regardless of who was at fault, your insurance company will likely make some payout under your PIP.
• Next, you must determine whether the injuries you have suffered qualify as “Significant” or “Permanent.” Significant and Permanent injuries, as defined by law, include significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant scarring or disfigurement, and death. It’s best to make this assessment with the help of an experienced Florida car accident attorney. If the answer is yes, you may seek full compensation under the other driver’s policy.
• Finally, you calculate and document your accident-related costs. It’s important not to let the insurance company do this for you. 

Whether you’re dealing with your own insurance company or the insurer of the other driver, it’s generally best to negotiate for an insurance settlement. If you’re not able to obtain what you consider to be fair compensation in the settlement process, you can take your case to court. 

If you were seriously injured in the accident or if you’re having trouble with the insurance company, it may be in your best interest to seek legal advice from a personal injury lawyer. A lawyer can help you understand your rights, negotiate with the insurance company, and represent you in court if necessary.

Pursuing a Lawsuit in Florida

If you decide to pursue a personal injury lawsuit against the at-fault driver, you must do so within the Florida statute of limitations, which is four years from the date of the accident. Your lawyer will file the necessary paperwork and guide you through the legal process.

A critical question is how much you should seek in damages. Your attorney will help you determine an amount of compensation to request based on the costs of your medical bills and lost wages, as well as pain and suffering or emotional distress. Your attorney will also evaluate the facts of your case to determine if there is a reason to request punitive damages, which are designed to punish defendants whose behavior was particularly reckless or outrageous.

Before going to trial, you may be required to attend mediation, where a neutral third party will help you and the at-fault driver reach a settlement. If mediation is unsuccessful, your case will proceed to trial.

If your case goes to trial, a judge or jury will hear the evidence and make a decision about who is at fault and what damages should be awarded. It’s important to have a lawyer represent you at trial to ensure your rights are protected.

Contact a Florida Car Accident Attorney Today

Automobile policies in Florida are complicated, and the no-fault laws in Florida are confusing. If you have suffered from severe and permanent injuries from a car accident, you will benefit from hiring a capable and experienced Florida car accident attorney. At Searcy Denney, we have the resources and skills to help you obtain fair compensation and maximize your settlement or lawsuit. Contact us today at 800-780-8607 for a free consultation. 

The post Navigating the Legal Process After a Car Accident in Florida: Your Rights and Options appeared first on Searcy Law.

Although speeding in Florida is a violation of traffic laws, many Florida and out-of-state motorists are issued speeding tickets each year. In fact, speeding has increased over the years. It’s important to be aware that speeding is not only a bad practice but also can be considered negligence, particularly if someone is harmed as a result. If you or a loved one has been injured by a speeding driver, contact a Florida car accident attorney to learn whether you are entitled to compensation.  

Speeding Increases the Risk of Serious Car Accidents 

According to the National Highway Traffic Safety Administration, one out of every four fatal car accidents in the United States is related to speeding. Data clearly shows that driving in excess of speed limits considerably increases the risk of accidents and the potential for serious personal injuries or fatalities. It is estimated that the economic cost of speed-related accidents exceeds $40 billion each year.

A National Transportation Safety Board study recently conducted on speeding reported that driving at increased speeds can be as risky as driving when impaired by drugs or alcohol. Unfortunately, many drivers on Florida roads refuse to abide by speed limits. Unfortunately, however, this type of behavior can result in devastating car accidents. Other drivers are unable to effectively predict your stopping distances and braking habits if you push the speed limits. And speeding drivers often weave in and out of traffic and engage in other behaviors that are threatening to others on the road..

Why Do Drivers Speed?

The National Highway Traffic Safety Administration, which has researched the question on many occasions, has found that people speed for one of the following reasons:

• Situational factors. Being in a hurry was often cited as a situational factor, as were the length of the trip and the driving environment. As an example, some drivers reported speeding only when on a long trip with few cars nearby. Others admitted speeding when they were late. 
• Social pressure. If drivers nearby are speeding, people feel obligated to drive at the same speed so that they do not impede the flow of traffic. Also, many drivers believe that the risk of a traffic ticket is lower if everyone is speeding.
• Inattention. Drivers often speed because they don’t know what the speed limit is or they aren’t paying attention to their driving speed. Factors such as traffic flow, driving a powerful vehicle, and playing music were cited as contributors to speeding. Some motorists also say that having passengers is a distraction.
• It feels good to speed. Some drivers report that it feels good to speed, particularly if they drive a sports car.

Consequences of Speeding 

If you speed only a few miles per hour over the speed limit, you might get a speeding ticket and a fine. But excessive speeding is a different matter, and may result in harsh penalties, including serving time in prison.

Significantly, Florida’s speeding laws set up several levels of punishment and even overlap with the state’s reckless driving laws. This legal framework gives prosecutors a great deal of flexibility in seeking to punish speeders but can cause some legal ambiguity as you try to figure out what laws you broke and how best to defend yourself. 

Driving less than 30 miles per hour over the speed limit is a noncriminal traffic infraction. Driving 30 or more miles over the speed limit in Florida is a traffic misdemeanor. If you’re caught driving 50 or more miles over the speed limit, you will be charged with a felony traffic violation. A first conviction for speeding more than 50 MPH over the speed limit will result in a fine of $1,000. Upon a second conviction, your license will be revoked for one year, and your fine will be $2,500. On a third offense, you could be charged with a third-degree felony. If convicted, you can serve up to 5 years in prison, up to 5 years of probation, up to $5,000 in fines, and your license can be revoked for up to 10 years.

Excessive speeding may also be charged as a felony for first-time offenders. This happens when you get charged under Florida’s reckless driving statute, and personal injury results from the speeding violation.

For each driving violation, points will be added to your driving record. A single speeding ticket will not give you enough points for a driver’s license suspension, but multiple speeding tickets or a speeding ticket combined with other tickets could result in a driver’s license suspension. As you can see, the consequences for speeding can be very serious for your driving record and your ability to continue driving your car.

How to Prevent Speeding

In many cases, speeding is a mindset. It may be a belief that the rules do not apply to you, that you will not get caught, or that it is not dangerous. But these fallacies put you, your passengers, and other drivers and pedestrians at risk. Here are a couple of tips that should help curb your speeding:

• Give yourself more time to get where you’re going, and factor in the time of day to make allowances for rush hour.
• Use your cruise control. This is one of the easiest ways to control speeding.
• Keep your eyes peeled for signs so that you know what the speed limit is. 
• Check your speedometer regularly.
• Consider the consequences. Is speeding worth paying a fine, losing your license, injuring someone, or being injured yourself?
• Don’t let others determine your speed. Move to the right lane if you’re feeling other drivers are pushing you to drive too fast.

Contact a Florida Car Accident Attorney

Searcy Denney has many years of experience helping people who have been involved in car accidents just like yours. We have the experience, knowledge, and track record to give you the best representation possible. Contact us today at 800-780-8607.

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Distracted driving affects everyone: drivers, passengers, pedestrians, and cyclists. The results can be catastrophic, resulting in personal injuries, physical disabilities and even death. According to the National Highway Traffic Safety Administration, more than 3,000 people lose their lives every year due to distracted driving. 

The Florida numbers are particularly dismal. The Florida State Department of Highway Safety and Motor Vehicles reports that there were over 48,000 car accidents related to distracted driving in 2021, which resulted in 300 people dead and over 2,700 seriously injured. Here are some other statistics:

• Distracted driving deaths in Florida are at an all-time high, with an increase of 12% over last year.
• Approximately 14% of all motor vehicle accidents in the U.S. involve distracted driving.
• It is estimated that 5% of all fatal accidents nationwide involve a distracted driver.
• The highest proportion of distracted driving accidents are caused by 15 to 19-year-old drivers.
• Cell phone use is directly attributed to 13% of all distracted driving accidents. 

What Is Distracted Driving? 

As you can see, distracted driving is one of the most dangerous behaviors on the road today. But what exactly is it? And how does it impact your risks as a driver? In short, distracted driving is when drivers fail to focus their full attention on the act of driving and engage in other activities that take their attention away from the road. There are four kinds of distractions: visual, physical, auditory, and cognitive. 

Visual Distractions – Visual distractions are anything that takes your eyes away from the road. These distractions could be street signs, billboards, other cars on the road, pedestrians, local buildings, churches, restaurants, or even a sunset.  Visual distractions could also include your cell phone or your GPS. Things change quickly on the road, often in just seconds, so being focused on the road is critical for everyone’s safety.  

Physical Distractions – Physical distractions occur when you take one or both of your hands off the steering wheel while driving. This can include eating and drinking, texting, reaching for items that have fallen on the ground, or reaching into the passenger seat or back seat. By their nature, physical distractions reduce the amount of control you have over your vehicle. To keep yourself and others safe on the road, you must keep both your hands on the wheel at all times.

Auditory Distractions – Any noises that affect your ability to hear or otherwise take away your attention from driving are considered to be auditory distractions. They can include a phone conversation, a conversation with passengers, screaming children, ringtones, text notifications, or playing music at a high volume. Keep your music at a reasonable level, teach your kids about why you need to pay attention to the road and stay off the phone while driving.

Cognitive Distractions – Cognitive distractions happen when you divert your focus or attention to another task that requires your mental energy. Talking on your cell phone, even if it’s hands-free, creates cognitive distraction. Also, you should be aware that how you feel can impact your ability to drive. If you’re angry or sad, you may not be able to keep your mind on the road. Your reaction time slows down greatly when you are preoccupied. 

Tips to Avoid Distracted Driving

Now that you know what comprises distracted driving, here are some tips to avoid being a distracted driver:

• Focus all of your attention on driving. Be actively scanning the road and watching out for other drivers, pedestrians, cyclists, and road problems or debris. Watch your mirrors.
• Secure possessions that could roll around in the car so you do not feel tempted to reach for them on the floor or the seat.
• Make adjustments before you start. Get your GPS set up, and adjust your climate control, mirrors and sound systems before getting underway. Check traffic conditions ahead of time, and then decide on your route.
• Finish dressing and personal grooming at home. Don’t brush your hair, apply lipstick or mascara, or engage in other grooming activities in the car. 
• Don’t eat while driving. Either eat before you travel, exit at a rest stop, or pull over on a safe shoulder of the road. If you must eat on the road, avoid messy foods that can be difficult to manage.
• Secure children and pets before starting your trip. Do not try to care for them while underway by reaching into the backseat. Pull off the road if you need to immediately attend to them. 
• Put aside your electronic distractions. Except in true emergencies, do not use cell phones while driving – handheld or hands-free. Never use text messaging, email functions, video games, or the internet with a wireless device – even if they are built into the vehicle – while driving.
• Encourage your passengers to alert you if they think you are engaging in distracted driving behavior. Make safe driving a family affair!
• If something other than driving demands your attention, it’s best to pull off the road. Nothing is worth your life or the life of your passengers!

Contact A Florida Car Accident Attorney

You can control your own behavior, but you cannot control the driving habits of those around you. If you notice a driver who appears to be distracted, give him or her a wide berth and move out of their orbit as safely and quickly as you can. But if a car accident does happen and you or someone you love suffers personal injury or property damage, Searcy Denney can help you. 

Consequences of car accidents include significant medical bills, loss of income, and pain and suffering. If you’re not at fault, you may be entitled to compensation for these and other losses. We have decades of experience helping people who have suffered from car accidents. Contact a Florida car accident attorney today at 800-780-8607.

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Weather changes happen rapidly in Florida. The state’s tropical climate can cause severe hazards for drivers. It’s imperative to pay attention to the weather and understand how various weather-related hazards can increase the risk of car accidents. Examples of Florida’s often extreme weather include:

• Rain and Thunderstorms: Florida experiences heavy rainfall and thunderstorms throughout the year, especially during the summer months. These conditions can reduce visibility, create slick roads, and increase the likelihood of hydroplaning.
• Hurricanes and Tropical Storms: The state is prone to hurricanes and tropical storms, which can cause severe damage to roads, buildings, and infrastructure. High winds, heavy rainfall, and flooding are common during these weather events, posing significant risks to drivers.
• Heat and Humidity: Florida’s hot and humid climate can lead to overheating and mechanical issues in vehicles, increasing the risk of breakdowns and accidents.
• Fog: Dense fog can occur, particularly in the early morning or late evening, reducing visibility and making it challenging to see other vehicles or obstacles on the road.
• Tornadoes: Although less common in Florida compared to other states, tornadoes can still occur and pose a serious threat to drivers.

Weather-related factors contribute to a significant number of car accidents in Florida each year. According to the Florida Department of Highway Safety and Motor Vehicles, over 15,000 crashes in 2020 were attributed to wet road conditions, and over 4,000 crashes were caused by rain. Additionally, over 2,000 crashes occurred during foggy conditions, and nearly 1,000 accidents were linked to severe weather events such as hurricanes and tropical storms. A Florida car accident attorney can help you understand your rights if you’ve been involved in a car accident due to serious weather conditions.

How to Avoid Weather-Related Car Accidents

While drivers cannot control the weather, there are a number of steps they can take to reduce the risk of accidents in adverse weather conditions. These include:

• Stay Informed: Keep track of weather forecasts and road conditions, especially during hurricane season. Be aware of potential hazards and plan your travels accordingly. For real-time traffic and road condition reports, the Florida Highway Patrol encourages motorists to visit the FHP Live Traffic Crash & Road Condition Report website. Florida drivers can also call 511 on their cell phones for current information on traffic congestion, road construction, lane closures, severe weather and travel delays on interstates and major highways.
• Drive Defensively: Reduce your speed and increase following distances to allow for more reaction time in rainy or foggy conditions. Use your headlights and windshield wipers as needed for better visibility.
• Turn On Lights and Wipers: Florida law requires that headlights must be on if a vehicle’s wipers are in use. To ensure the best visibility, headlights should be clean and clear and windshield wipers should be replaced at least once a year.
• Slow Down: Maintain a safe stopping distance between vehicles and avoid passing and/or changing lanes. Skidding and hydroplaning can happen on wet pavement. Be patient and stay alert. Use the right edge of the road or painted road markings to guide you.
• Turn Around: Never drive through flooded areas. The area of roadway beneath the water may conceal debris or even power lines, or be washed out.
• Be Cautious of High Winds: Windy conditions are a driving risk to all vehicles, particularly vehicles such as buses and trucks. Strong wind can happen anywhere, but it can be more common in wide open spaces, including highway overpasses and bridges. Keep a firm grip on the steering wheel and give large vehicles extra room to maneuver. Be extra careful around vehicles carrying cargo
• Be Prepared for Out-of-Service Traffic Lights: Traffic lights are designed to keep traffic flowing and prevent collisions; however, out-of-service traffic lights can be a source of confusion for drivers. If a police officer is present, follow their directions. Otherwise, proceed as if the intersection had a four-way stop sign. 
• Avoid Distractions: Avoid distractions such as texting, eating, or adjusting the radio while driving, as these can impair your ability to react to changing road conditions.
• Maintain Your Car in Good Condition: Regularly check your vehicle’s tires, brakes, lights, and windshield wipers to ensure they are in good working condition. This can help prevent breakdowns and accidents due to mechanical failures.
• Use Caution at Intersections: Be extra cautious at intersections, as wet roads can be slippery, and other drivers may have difficulty stopping or slowing down.
• Pull Over to the Shoulder if Necessary: If weather conditions become too severe to drive safely, pull over to the shoulder or another safe place and wait until conditions improve.
• Stay Calm: If you find yourself in a hazardous driving situation, such as heavy thunderstorms, wind or fog, remain calm and avoid making sudden movements or overreacting as this can lead to loss of control.
• Have a Plan: The Florida Department of Highway Safety and Motor Vehicles encourages all drivers to have a disaster preparedness plan in place and to register or update your emergency contact information (ECI).

Contact a Florida Car Accident Attorney

By being aware of the weather-related hazards in Florida and taking proactive measures to mitigate them, drivers can reduce the risk of accidents and ensure safer roads for themselves and others. But sometimes, despite all of your efforts at being cautious and careful, car accidents nonetheless occur. 

Car accidents can result in serious personal injury and death. They can cause you to incur significant medical expenses and suffer lost wages. They can cause loss of enjoyment of life. In short, car accidents can result in many devastating consequences for the victim and his or her family. In many cases, you are entitled to compensation for your injuries, losses, and pain and suffering. 

The lawyers at Searcy Denney have decades of experience and success in obtaining for you the compensation you deserve.  Contact us at 800-780-8607 to get the help you need. 

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The U.S. Food and Drug Administration (FDA) has issued a Safety Communication advising healthcare providers to stop implanting Equinoxe Shoulder System joint replacement devices manufactured by Exactech. The Safety Communication, which the FDA published on January 16, 2024, identifies issues with Exactech’s packaging that can cause oxidation leading to premature device degradation and failure.

In its Safety Communication, the FDA also includes an advisory for patients. While it does not recommend revision surgery to remove “well-functioning” Equinoxe Shoulder System implants, the FDA warns that “new or worsening pain or swelling, inability to use your arm, grinding or other noise, or weakness around your implanted device” may all be signs that revision surgery is necessary.

Revision Surgery for Compromised Equinoxe Shoulder System Implants

Once an Equinoxe Shoulder System joint replacement device starts to crack or deteriorate, there is no chance of the device repairing itself. In fact, for many patients, the problem will only continue to get worse. As a result, when a defective shoulder implant starts to negatively affect a patient’s health, revision surgery may be the only long-term solution.

While revision surgery may be necessary in many cases, this procedure itself presents risks. All surgeries do. This includes risks of complications during surgery as well as risks associated with the new shoulder replacement device. For example, the Mayo Clinic warns of risks including:

• Blood clots
• Dislocation
• Fracture
• Implant loosening
• Infection
• Nerve damage
• Rotator cuff failure

However, these risks may not be present in all cases, and, for many patients, the risks of keeping their defective Exactech shoulder replacement device will far outweigh the risks of having it removed and replaced. Ultimately, whether surgery is the best option for any patient will depend on his or her individual circumstances—and all patients should make their decisions in close consultation with their healthcare providers.

When weighing the benefits and risks of revision surgery, it is also important to consider the timeline and likely outcomes of the recovery and rehabilitation processes. These can vary greatly depending on the nature and severity of the damage caused by a defective Equinoxe Shoulder System joint replacement device. In a best-case scenario, recovery and rehabilitation can take about 12 weeks, although, for patients who have suffered significant harm from their Exactech shoulder implants, these processes could take significantly longer. Permanent complications from the defect may be a concern as well—and when this is the case, patients will want to take this into account when weighing the risks and rewards of revision surgery.

Alternative Treatment Options When Surgery Isn’t Necessary

While revision surgery will be necessary in many cases, some patients will have other options available. As the FDA explains in its Safety Communication regarding Exactech’s defective shoulder replacement devices, when talking to patients about surgery, healthcare providers should “[a]s a part of shared decision-making, discuss the benefits and risks of all relevant treatment options with your patients.”

What are the potential alternatives to surgery? Recognizing that individual patients’ circumstances will vary, some examples of possible options include:

• Corticosteroid injections
• Massage therapy
• Pain management
• Physical and occupational therapy
• Stem cell therapy

When considering these as alternatives to possible revision surgery to replace a defective Equinoxe Shoulder System implant, it is important for patients and their doctors to keep in mind the unique risks associated with these defective devices. While the alternatives listed above can often be good options for patients who are considering shoulder replacement for the first time, the need to remove a degrading or cracked shoulder implant may ultimately outweigh the benefits of pursuing a less-invasive alternative. Your doctor should be able to help you decide which option is best for you.

Covering the Costs of Surgery or Other Treatment for a Defective Equinoxe Shoulder System Implant

Regardless of which option is best for you, dealing with the effects of a defective Equinoxe Shoulder System implant can be costly. For most patients, there are both financial and non-financial costs involved. Examples of the financial costs associated with recovering from Exactech shoulder issues include:

• Medical Bills – This includes the cost of diagnosis, consultation, surgery, alternate treatment, and/or therapy and rehabilitation.
• Other Medical Expenses – This includes the cost of corticosteroids, pain medications, surgical wound care, and/or other necessary medications or medical supplies.
• Loss of Income – Individuals who are forced to deal with the effects of defective Exactech shoulder implants will often miss a significant amount of time from work during the recovery process. They may face long-term (or permanent) work restrictions due to complications as well.

Along with these financial costs, the stress and complications caused by defective Equinoxe Shoulder System implants can also lead to non-financial costs such as pain and suffering, loss of consortium and companionship, and loss of enjoyment of life.

For patients affected by defective Equinoxe Shoulder System replacement devices, covering these costs may involve filing a lawsuit against Exactech. Companies can (and should) be held fully responsible when they sell defective medical devices. Lawyers at Searcy Denney are actively pursuing claims against Exactech on behalf of patients who suffered harm caused by defective Equinoxe Shoulder System implants, and we have successfully pursued claims against the company related to its defective knee and hip implants in the past.

Finding out if you have a claim starts with scheduling a free, no-obligation consultation. During this consultation, an Exactech lawyer at Searcy Denney will assess your individual circumstances to determine if you have grounds to file a lawsuit. If you do, your lawyer will also provide a preliminary assessment of how much you may be able to recover, and then you can use this information to make smart decisions about your next steps.

Do You Have a Claim Against Exactech? Find Out for Free

Do you need to know more about filing a lawsuit against Exactech related to a defective Equinoxe Shoulder System implant? If so, we invite you to get in touch. To speak with an experienced Exactech lawyer at Searcy Denney in confidence, please call 800-780-8607 or request a free consultation online today.

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