When you get injured in a boating accident in Florida, proving that someone else was at fault is key for recovering your losses. So, what happens if you are partially to blame for your injuries?

In this scenario, Florida’s comparative fault law applies. This law changed in 2023; and, unfortunately, the change is not favorable for accident victims. But, boating accident victims who are partially to blame for their injuries can still recover just compensation in some cases—and an experienced lawyer can help you make informed decisions about whether to pursue a claim.

What Boating Accident Victims Need to Know About Florida’s New “Modified Comparative Fault” Law

In March 2023, Florida adopted a new “modified comparative fault” law. Previously, accident victims in Florida could file a claim regardless of how much they were to blame for their own injuries (as long as they were not 100 percent at fault). But, under Florida’s new law, accident victims can only file a claim if their percentage of fault is 50 percent or less.

Under Florida’s modified comparative fault law, the amount boating accident victims can recover is reduced based on their percentage of fault (up to the 50-percent limit). Here are some examples:

• If a boater is 10 percent at fault, the boater can recover 90 percent of his or her losses.
• If a boater is 50 percent at fault, the boater can recover 50 percent of his or her losses.
• If a boater is 51 percent at fault (or more), the boater is not entitled to any financial compensation.

As you can see, even one percent can now make a huge difference. This means that the insurance companies will often push to blame boating accident victims for their injuries—and it is up to victims to ensure that they receive the financial compensation they deserve.

What Constitutes Partial Fault in a Florida Boating Accident?

This raises an important question: What constitutes partial fault in a Florida boating accident?

Establishing fault for a boating accident requires proof of negligence. While being negligent generally means making a mistake, not all mistakes rise to the level of negligence under Florida law.

As a result, no matter what happened, it is important not to make any assumptions about your legal rights. Determining who was at fault in a boating accident requires a comprehensive investigation. Even if you think you were partially to blame, a comprehensive investigation may reveal that you would have been injured regardless of what you were doing when the accident occurred. Or, even if you were partially responsible, your fault may have only played a small part in the collision.

The following are all common examples of factors that may give the insurance companies grounds to argue that you were partially at fault in your boating accident:

• Boating under the influence
• Boating while distracted (i.e., while texting, navigating or taking photos)
• Going too fast based on the conditions and boat traffic
• Failing to stop or turn in time to avoid a collision
• Failing to observe warning signs or aids to navigation (ATONs)

If an insurance company tries to reduce the value of your claim or deny coverage based on Florida’s modified comparative fault law, this is not the final word on your claim. Once you hire a lawyer to investigate, your lawyer can help you make informed decisions about how much to seek for your accident-related losses. The insurance companies make initial coverage determinations with their own best interests in mind, and they will not hesitate to blame victims even when this blame is unwarranted.

Making Sure You Receive Just Compensation When the Insurance Companies Allege Partial Fault

With all of this in mind, what can you do to make sure you receive just compensation if the insurance companies accuse you of playing a role in your boating accident? Here are five tips for protecting your legal rights:

1. Hire a Boating Accident Lawyer as Soon as Possible

To make sure the insurance companies don’t take advantage of you, you will want to hire a boating accident lawyer as soon as possible. Your lawyer will be able to deal with the insurance companies for you while gathering the evidence needed to prove your legal rights. This costs nothing out-of-pocket, and with contingency-fee representation you pay nothing unless you win.

2. Rely on Your Lawyer to Apply Florida’s Modified Comparative Fault Law

Rather than trusting the insurance companies, you should rely on your lawyer to fairly apply Florida’s modified comparative fault law. Your lawyer will provide an unbiased assessment of your claim and help you make an informed decision about whether it is worth moving forward.

3. Take Care of Yourself and Document the Costs of Your Injuries

While your lawyer is investigating your claim and dealing with the insurance companies, you will need to focus your efforts on taking care of yourself and documenting the costs of your injuries. You should follow your doctor’s advice (or seek a second opinion), and keep all records you receive related to the accident, your treatment, and your time missed from work.

4. Don’t Settle Until You Are Able to Make an Informed Decision

Once you settle with the insurance companies, you can’t go back and ask for more. As a result, it is critical not to settle until you can make an informed decision. This means knowing both: (i) your percentage of fault (if any); and, (ii) the total long-term costs of your boating accident injuries.

5. Show the Insurance Companies You Are Prepared to Go to Court if Necessary

While most successful boating accident claims settle, sometimes victims need to show that they are prepared to fight for the compensation they deserve. With an experienced lawyer on your side, the insurance companies will know that you are prepared to fight, and this will help ensure that they make a good faith determination of comparative fault.

Discuss Your Boating Accident Case with a Florida Boating Accident Lawyer at Searcy Denney for Free

If you need to know more about your legal rights after a boating accident in Florida, we encourage you to contact us promptly for a free, no-obligation consultation. call 800-780-8607 or get in touch online to discuss your case with a lawyer as soon as possible. 

The post How Comparative Fault Applies to Florida Boating Accidents appeared first on Searcy Law.

When you go out for a day on the water, the last thing you expect is to end the day dealing with the aftermath of a boating accident. But, these accidents happen far more often than they should, and many boat captains and passengers find themselves suddenly and unexpectedly dealing with life-altering injuries.

Here’s What to Expect During Your Florida Boating Accident Case

If you have been injured in a boating accident, you may be entitled to financial compensation under Florida law. Here is an overview of what you can expect when you hire a lawyer to file a claim for damages:

1. Your Lawyer Will Sit Down with You to Understand Your Situation

First, your lawyer will sit down with you to understand your situation. Your free case evaluation can take place in person or over the phone, whichever you prefer. Your lawyer will ask you questions about what you remember, discuss potential claims arising out of your boating accident, and provide a preliminary assessment of your legal rights. Your lawyer will also answer all of your questions and explain your next steps if you decide to move forward.

2. Your Lawyer Will Send an Investigator to Find Out What Happened

If you decide to move forward with your boating accident case, your lawyer will send an investigator to find out what happened. Depending on where and when the accident occurred, this may involve visiting the scene of the accident to examine the area and preserve any evidence that may still be available. Investigating your boating accident may also involve inspecting each of the vessels involved, talking to anyone who witnessed the accident or its aftermath, communicating with the U.S. Coast Guard or Florida Fish and Wildlife Conservation Commission (FWC), obtaining receipts or phone records, and gathering evidence from a variety of other sources.

3. Your Lawyer Will File a Claim with the Liable Party’s Insurance Company

Once your lawyer has examined the evidence that is available, your lawyer will make a determination of liability and file a claim with the liable party’s insurance company. In some cases, multiple parties will share liability, and it will be necessary to file multiple claims in order to recover the full compensation you deserve. If you have already reported the accident to your boat insurance company, your lawyer will take over dealing with your insurance company so that you can focus 100 percent of your attention on your recovery.

4. The Liable Party’s Insurance Company Will Deny Liability

More likely than not, the liable party’s insurance company will deny liability. This is to be expected, and this does not mean that your case is over. Denying liability is a standard insurance defense tactic, and many insurance companies will initially deny liability regardless of the facts involved.

5. Your Lawyer Will Use the Available Evidence to Establish Liability

If the insurance company denies liability, your lawyer will use the available evidence to prove that you have a claim for damages. While there are no guarantees, our lawyers have been successful in convincing the insurance companies to acknowledge liability in numerous boating accident cases. Once the insurance companies are convinced that they would lose in court, they will typically (though not always) be willing to enter into settlement negotiations.

6. You and Your Lawyer Will Work Together to Calculate and Prove Your Losses

In a boating accident case, proving liability is just half of the battle. You also need to prove how much you are entitled to recover.

Along with collecting evidence of liability, your lawyer will also work with you to document your financial and non-financial damages. In boating accident cases, victims can recover just compensation for all of their accident-related losses. This includes their current and future:

• Medical expenses and prescription costs
• Other out-of-pocket costs
• Loss of income and benefits
• Loss of companionship and consortium
• Loss of enjoyment of life
• Emotional trauma, pain and suffering
• Scarring and disfigurement

Proving your damages will require various forms of evidence—some of which your lawyer will be able to collect, and some of which you will need to provide. Putting in the time and effort to ensure that you fully document the costs of your boating accident will help ensure that you are able to seek the maximum compensation available.

7. Your Lawyer Will Negotiate for a Fair Settlement

Once your lawyer has a comprehensive understanding of your damages, your lawyer will be able to negotiate for a fair settlement on your behalf. Settlement amounts in boating accident cases can vary widely, and making informed decisions in your case will require a clear picture of your current and future losses.

8. You and Your Lawyer Will Discuss Any Settlement Offers in Confidence

If you receive a settlement offer, your lawyer will discuss the offer with you in confidence. Your lawyer will explain exactly how much you will take home if you accept, and your lawyer will give you advice on whether you should keep fighting for more.

9. Your Lawyer Will Take Your Boating Accident Case to Court if Necessary

If you do not receive a fair settlement offer, then the next step will be to take your boating accident case to court. Even at this stage, settling is still a very real possibility, and many cases settle either before or during trial.

10. It Will Be Up to You to Decide When (and How) to Resolve Your Case

Ultimately, it is up to you to decide when (and how) to resolve your boating accident case. Your lawyer will give you advice, but it’s up to you to decide whether you are willing to accept a settlement or you want to keep fighting for more. The outcome at trial is never certain, but different outcomes can be more or less likely under different circumstances. If you work closely with your lawyer, you will be confident in your decision-making—and, more likely than not, you will be satisfied with the outcome of your case.

Get Started with a Free Boating Accident Case Assessment at Searcy Denney

If you need to know more about what to expect from your boating accident case, we invite you to get in touch. Call 800-780-8607 or contact us online to speak with an experienced lawyer in confidence.

The post What to Expect in a Florida Boating Accident Case appeared first on Searcy Law.

When you have a slip and fall case, you need to make informed decisions. One of the most important decisions you may need to make is deciding when (and if) to settle your case. Knowing whether to accept a settlement offer starts with understanding how much you are entitled to recover.

When you have a slip and fall case (or any type of personal injury case) in Florida, your losses are referred to as your “damages.” Damages fall into two broad categories: financial and non-financial.

Financial damages are those that impact your bank account. This could either mean that money is going out (i.e., you are paying medical bills) or that money isn’t coming in (i.e., if you are unable to work). Your financial damages also include any debt you incur as a result of your injuries, as well as the financial losses you are likely to incur in the future.

Non-financial damages are those that impact your life in other ways. Even if you don’t realize it now, your injuries could impact your life for years to come. Emotional trauma, pain and suffering, loss of consortium and companionship, and loss of enjoyment of life are all common examples of non-financial damages in slip and fall accident cases.

Calculating Financial Damages After a Slip and Fall Accident

So, how do you calculate your damages? We’ll cover your financial damages first. While calculating your financial damages might seem like it is simply a matter of adding up your receipts and outstanding medical bills, there is actually much more involved.

This is because accident victims who have a slip and fall case in Florida can recover their current and future losses. So, while calculating your financial damages involves adding up your receipts and outstanding medical bills, this is just the beginning of the process. To ensure that you are seeking the full financial damages you deserve, you need to know:

• Your total medical expenses (both paid and unpaid) to date
• Your other out-of-pocket costs to date (i.e., prescriptions, medical supplies and transportation)
• Your lost income and benefits to date
• How much you will need to cover your future medical expenses and other out-of-pocket costs
• How much you will need to cover your future loss of earnings

As a result, calculating your financial damages requires a clear understanding of your long-term prognosis. Will you need surgery? Will you need physical or occupational therapy? How long will you be out of work? When you return to work, will you only be able to work part-time or in a limited capacity? The answers to these questions—among many others—are critical for understanding the value of your claim. When we represent slip and fall accident victims, we work with doctors, financial analysts and other experts to ensure that we are seeking the full financial damages our clients are entitled to recover.

In many cases, slip and fall accident victims’ long-term costs will far exceed their financial losses to date. This makes accurately calculating their future financial damages extremely important. If you settle for too little, you may not have the financial resources you need in the years ahead, and you won’t be able to go back and ask for more.

Calculating Non-Financial Damages After a Slip and Fall Accident

Calculating your non-financial damages after a slip and fall accident involves a different analysis entirely. Rather than focusing on your out-of-pocket costs, this calculation focuses on all of the intangible ways that your injuries impact (and will continue to impact) your day-to-day life.

As a general rule, the more severe and long-term these impacts are (and will be), the more non-financial damages you can recover. But, there are no set dollar amounts or mathematical formulas that apply. Instead, courts and insurance companies in Florida generally use one of two methods to calculate accident victims’ non-financial damages in slip and fall cases:

• The Per Diem Method – This method involves calculating a daily compensation rate for your emotional trauma, pain and suffering, and other non-financial losses. This daily compensation rate (or per diem) is then multiplied by the total number of days that you will experience the non-financial impacts of your injuries over your lifetime.
• The Multiplier Method – This method requires a clear picture of your financial damages. Once your financial damages have been established, the total dollar amount is then multiplied by a number (usually between 1 and 5) based on the severity and anticipated duration of your non-financial losses.

To maximize the non-financial damages you are able to recover, you will need to document the day-to-day impacts of your injuries as thoroughly as possible. With this in mind, you will want to get in the habit of taking notes on a daily basis. If you record your daily pain levels and document all of the ways your injuries negatively impact your life (i.e., by preventing you from spending time with friends and family), this will go a long way toward helping your lawyer recover the full financial compensation you deserve.

Your lawyer will take several steps to document your non-financial damages as well. These may include obtaining statements from your friends and family members, creating a video that shows how your life has changed, and obtaining reports from psychologists and other experts, among others. While proving your financial and non-financial damages takes time, it is worth it—and, when your case is over, you will be glad that you did everything you could to seek the maximum financial compensation available.

Find Out How Much You May Be Entitled to Recover in Your Slip and Fall Case for Free

If you are wondering how much you can recover after a slip and fall accident in Florida, we invite you to contact us for a free, no-obligation consultation. We represent accident victims and their families statewide. To speak with an experienced lawyer about your legal rights in confidence, give us a call at 800-780-8607 or request a free initial consultation online today.

The post Calculating Damages in a Slip and Fall Case appeared first on Searcy Law.

When you get injured in a slip and fall accident, one of the first questions you need answered is, “Who do I sue?” Identifying the correct defendant (or possibly defendants) in your slip and fall case is critical, as you need to sue the right party (or parties) to recover the financial compensation you deserve.

7 Potential Defendants in a Florida Slip and Fall Case

While the answer to, “Who do I sue after a slip and fall accident?” may seem fairly straightforward, there are several possibilities—and you cannot afford to make assumptions. Depending on where you fell and why, you may have a claim against one or more of the following parties after a slip and fall accident in Florida:

1. Homeowner (or the Homeowner’s Insurance Company)

If you slipped and fell at someone else’s home, you may have a claim against the homeowner. Under Florida law, homeowners have a legal duty to ensure that their premises are reasonably safe for their guests. When homeowners breach this duty, they can be held liable for any injuries that result.

But, rather than suing the homeowner directly, you will most likely be dealing with the homeowner’s insurance company. Most homeowners have insurance, and home insurance policies generally cover homeowners’ liability in slip and fall accident cases.

2. Apartment Building Owner or Condo Association

If you slipped and fell in a common area of an apartment or condo building, then the company that owns the building or the condo association may be liable for your injuries. Apartment building owners and condo associations are generally responsible for the safety of common areas. When they fail to maintain safe common areas, they can—and should—be held accountable.

3. Commercial Property Owner

Most slip and fall accidents happen at businesses and other commercial locations. If you slipped and fell at a store, amusement park, hospital or any other type of business, the owner of the property may be fully liable for your injuries.

4. Business that Rents Its Facilities

Many businesses rent the locations of their stores, warehouses and other facilities. While in many cases property owners can be held liable for slip and fall accidents, in some cases their commercial tenants may also be liable. For example, if you slipped on a wet floor in a grocery store, the grocery store chain may be liable if it failed to promptly clean up (or place cones around) a spill.

5. Government Office or Agency

If you slipped and fell in a government building or on other public property, then a government office or agency may be liable for your accident. The government can be held liable when it is responsible for citizens’ injuries. However, special rules apply when you have a slip and fall case against the government, so it is especially important to speak with an experienced lawyer as soon as possible.

6. Construction Company or Contractor

In addition to property owners and tenants, construction companies and contractors can also be held liable for slip and fall accidents when their negligence is to blame. If you slipped and fell at a construction site, or if you slipped because of shoddy construction or negligent maintenance work, you will want to talk to a lawyer about whether a construction company or contractor should be a defendant in your case.

7. Building Material Manufacturer

Finally, building material manufacturers can also be defendants in some slip and fall accident cases. If you slipped on slick tiles or hardwood, for example, the manufacturer could be liable for your injuries. In addition to handling premises liability claims, we handle product liability claims as well, and we can fight to make sure all responsible parties are held accountable for your injuries.

How Do You Identify the Defendant (or Defendants) in Your Case?

When you need to file a claim for a slip and fall accident, knowing who you might be able to sue isn’t enough. You need to know the specific party (or parties) that are liable for your injuries. So, how do you identify the defendants in your case?

Determining who you can sue for a slip and fall accident requires a comprehensive investigation. To protect your legal rights, you will need to promptly engage a law firm to investigate all possible causes and evaluate all potential claims for just compensation. Some of the types of evidence your law firm may be able to gather to identify the defendant (or defendants) in your case include:

• Forensic Evidence from the Location Where You Slipped and Fell – Slippery flooring materials, stains on the floor and various other forms of forensic evidence could all be available to help prove liability.
• Security Camera Footage – If your fall was caught on camera, the footage could be key evidence in your slip and fall accident case.
• Eyewitness Testimony – Eyewitness testimony can also serve as strong evidence of liability in slip and fall accident cases.
• Construction or Maintenance Records – Construction records or maintenance records may show that a construction company or contractor is liable for your injuries.
• Emails and Other Documentation – Internal emails and other forms of documentation may also be available to prove that a defendant knew (or should have known) that the location where you fell was dangerous.

Any photos, videos or information that you can provide will be helpful as well. If you took photos or videos with your phone, you should be sure to keep these to share with your law firm. It is also a good idea to write down everything you can remember about your slip and fall. The more details you can provide, the more you will be able to help your law firm seek the financial compensation you deserve.  

Contact Us for a Free Slip and Fall Case Evaluation Today

Do you have a slip and fall case in Florida? If you think you may be entitled to financial compensation, we encourage you to contact us promptly for more information. Call 800-780-8607 or contact us online to arrange a free consultation today.

The post Identifying the Defendants in a Slip and Fall Case appeared first on Searcy Law.

When you get injured in a slip and fall accident, one of the first things you need to do is find out if you have a case. If you do, you may be entitled to financial compensation, but you may also need to act quickly to protect your legal rights.

If you have a case, you will also need to learn what you can expect along the way. Knowing what to expect will allow you to be proactive and make informed decisions as you move forward. So, what can you expect in a Florida slip and fall case?

What You Can Expect During Your Slip and Fall Case in Florida

For the purposes of this article, we are assuming that you have made the decision to hire a lawyer. Hiring a lawyer is crucial for protecting your legal rights after a slip and fall accident. Without a lawyer, the unfortunate reality is that you stand virtually no chance of recovering the financial compensation you deserve.

Assuming you hire an experienced lawyer to represent you, here is what you can expect when you file a claim to recover your losses after a slip and fall accident in Florida:

1. The Property Owner (or Tenant) Will Deny Liability

Even if you hire a lawyer to represent you, the property owner (or tenant) will probably deny liability initially. This is fairly standard, as most companies will try to avoid paying for slip and fall accident victims’ injuries. The owner or tenant may even try to blame you for your own injuries. If this happens, you should not let it frustrate you, as there are still several steps in the process.

2. Your Lawyer Will Conduct a Thorough Investigation

As soon as possible, your lawyer will conduct a thorough investigation of your slip and fall accident case. This includes examining the scene of the accident. Your lawyer may try to obtain security camera footage, eyewitness testimony, property maintenance records and various other forms of evidence as well. There will usually be several forms of evidence available—as long as you contact a lawyer in time.

3. You Will Need to Focus on Your Recovery

While your lawyer is investigating your accident and building your case for just compensation, you will need to focus on your recovery. This means attending your doctor’s appointments and following your doctor’s advice. Rest if you need to rest. Go to physical therapy if you need to go to physical therapy. At this point, you should be doing everything you can to recover as quickly as possible.

4. Your Lawyer Will File Your Claim with the Property Owner’s (or Tenant’s) Insurance Company

After investigating your accident, your lawyer will file a claim with the property owner’s (or tenant’s) insurance company. Nearly all slip and fall accident cases involve insurance claims.

5. The Insurance Company Will Investigate

At this stage, the insurance company will conduct its own investigation. This will take some time, and it is important to be patient at this stage. If the insurance company is taking too long, your lawyer will take appropriate action on your behalf.

6. The Insurance Company Could Likely Deny Liability

After conducting its investigation, the insurance company will likely deny liability as well. This is also fairly standard. The insurance companies investigate with their best interests in mind, and they aren’t going to accept liability unless they are convinced that it is in their best interests to do so.

7. Your Lawyer Will Work with the Insurance Company on Your Behalf

As the process moves forward, your lawyer will work with the insurance company on your behalf. Your lawyer will use the evidence he or she gathered to prove liability—and, if the insurance company acknowledges liability when faced with this evidence, your lawyer will enter into settlement negotiations. During these negotiations, your lawyer will seek just compensation for all of your injury-related losses—including your medical bills, lost earnings, pain and suffering, and loss of enjoyment of life.

8. You May Receive a Settlement Offer

While there are no guarantees, most successful slip and fall accident cases are resolved via settlement. If the insurance company makes an offer, your lawyer will discuss the offer with you one-on-one.

9. Your Lawyer Will Help You Make Informed Decisions About Settlement

During this discussion, your lawyer will help you decide whether you should accept the offer or reject it. If you need more time, your lawyer will give you more time. This is an extremely important decision—once you accept a settlement, you can’t go back and ask for more.

10. Your Lawyer Will Take Your Case to Court in Florida if Necessary

Finally, if you don’t receive a fair settlement offer, your lawyer will take your slip and fall case to court. In court, your lawyer will present evidence of both liability and damages, and the insurance company will present its defense. At the end, the judge or jury will render a decision. If you are satisfied with the decision, you can move on with your life. If you aren’t satisfied, you can talk to your lawyer about filing an appeal.

What If You Don’t Hire a Lawyer to Represent You?

As we said, all of this assumes that you hire a lawyer to represent you. So, what if you don’t?

Your case will start out the same—the property owner or tenant will deny liability. But, that will most likely be the end of the story. If you aren’t able to investigate, if you aren’t able to get in touch with the insurance company, and if you aren’t able to prove that you are entitled to financial compensation,  you won’t recover the financial compensation you deserve.

Discuss Your Case with a Florida Slip & Fall Lawyer for Free

If you need to know more about what to expect from your slip and fall case in Florida, we invite you to get in touch. To speak with a lawyer as soon as possible, please call 800-780-8607 or request a free consultation online today.

The post What to Expect in a Florida Slip & Fall Case appeared first on Searcy Law.

Several companies have recently issued recalls for contaminated eye drops. These eye drops can present severe risks—including the risk of total vision loss due to infections—so it is important to know if your eye drops have been recalled.

So, how can you check?

Check the FDA’s Recall Database

The easiest way to check for a recall is to search the U.S. Food and Drug Administration’s (FDA) recall database. If you type “eye drops” into the search bar, you will immediately see a list of recalls—including a recall issued by Pharmedica USA LLC for its Purely Soothing brand of eye drops earlier this year, as well as recalls as recent as October 2023.

However, if you have concerns about a particular brand of eye drops, you should enter the brand name into the search bar instead. For example, the recent recall issued by Apotex Corp. of its Apotex brand eye drops does now show up in the list of search results for the generic term “eye drops.” This is because the product description in the FDA’s database is listed as “Brimonidine Tartrate Ophthalmic Solution, 0.15%,” rather than simply “eye drops” or “drops.”

Also, keep in mind that while the FDA’s recall database is relatively up to date, it is possible that a company may have issued a recall that doesn’t yet show up in the database. In other words, even if you search the database and nothing comes up, there is still a possibility that your eye drops could be subject to a recall.

Talk to a Products Liability Lawyer

If you aren’t able to find any information in the FDA’s recall database but still have concerns about your eye drops, you can also talk to a products liability lawyer. Products liability law holds manufacturers responsible for selling dangerous and defective products—including contaminated eye drops. A lawyer who handles these types of cases may be familiar with a recall affecting your eye drops even if it doesn’t show up yet on the FDA’s website.

When you talk to a products liability lawyer, your lawyer can also determine if you have a claim regardless of whether your eye drops have been recalled. While recalls are fairly common, a recall isn’t necessary to file a claim. If your eye drops were contaminated, it doesn’t matter whether they are subject to a recall. You have clear legal rights, and an experienced products liability lawyer will be able to assert your legal rights on your behalf.

5 Examples of Eye Drop Recalls

We’ve also compiled information on some of this year’s eye drop recalls below. If you have used any of these eye drops and experienced an infection or other adverse consequences as a result, we encourage you to contact us to find out if you have a claim:

1. Apotex (Apotex Corp.)

Apotex Corp. issued a recall for its Apotex brand eye drops on March 2, 2023. The recall notice states that the company is issuing the recall “out of an abundance of caution due to cracks that have developed in some of the unit caps of Brimonidine tartrate ophthalmic solution bottles” and that present a risk for contamination. The recall applies to 5, 10 and 15 milliliter bottles with an expiration date of February 2024 or April 2024. In the recall notice, Apotex Corp. also advises that individuals who have used the recalled eye drops “should immediately contact their health care provider for medical advice.”

2. Purely Soothing (Pharmedica USA LLC)

Pharmedica USA LLC issued a recall for its Purely Soothing brand eye drops on March 3, 2023. The recall notice states that the company is recalling its eye drops due to “non-sterility,” and that “[u]se of contaminated eye drops can result in the risk of eye infections that could result in blindness.”

The recall notice goes on to advise that customers should “immediately stop using the product,” and that wholesalers and retailers should avoid selling any more bottles. The recall applies to Purely Soothing eye drops with UPC codes 7 31034 91379 9 and 7 31034 91382 9.

3. Artificial Tears Lubricant Eye Drops (Global Pharma Healthcare)

Global Pharma Healthcare issued a recall for its Artificial Tears Lubricant Eye Drops on February 2, 2023. The recall notice states that it is being issued due to “possible contamination,” and that as of the date of issuance there were “55 reports of adverse events including eye infections, permanent loss of vision, and a death with a bloodstream infection.”

The Artificial Tears Lubricant Eye Drops recall applies to all 15 milliliter bottles that are still unexpired.

4. Multiple Brands (Family Dollar)

On July 21, 2022, Family Dollar issued a recall of multiple brands of eye drops sold in its stores due to possible contamination resulting from improper storage. The recall notice applies to the following brands of eye drops sold at Family Dollar stores between May 1, 2022 and June 10, 2022:

• Clear Eye Max Redness Relief
• Family Care Eye Drops Advanced
• Lumify Redness Red Eye Drops
• Medic Eye Drops Max Redness
• Systane Ultra High Performance Lubricant Eye Drops

5. Puriton (Kadesh Inc.)

Kadesh Inc. issued a recall for its Puriton brand of eye drops on November 7, 2018. Similar to the other recalls discussed above, this recall was due to non-sterilization. The recall notice indicates that investigators found the company’s eye drops were “manufactured without necessary production controls and conditions to ensure sterility,” and that “[u]se of a non-sterile eye drop is potentially vision-threatening due to the risk of an eye infection.” While the recall has since been terminated, individuals who suffered harm as a result of using non-sterile Puriton eye drops may still have claims for financial compensation.

Were You (or a Loved One) Harmed By Contaminated Eye Drops? Contact Us for a Free Consultation

If you or a loved one has been harmed by contaminated eye drops, your family may be entitled to financial compensation, and we encourage you to contact us promptly for more information. To discuss your legal rights with a lawyer at Searcy Denney in confidence, call 800-780-8607 or request a free consultation online today.

The post How to Check if Your Eye Drops Have Been Recalled Due to Contamination appeared first on Searcy Law.

Several companies have recently recalled eye drops due to contamination. However, the risk of contamination is not new, and scientific studies have identified several types of contaminants commonly found in eye drops over the past several years.

Eye drop contamination is a significant health risk. As noted in one of the studies examining common forms of contamination:

“Contamination of eye drops can lead to serious ocular infections, especially when the ocular surface [defenses] are compromised with topical steroids. Application of contaminated eye drops may lead to potentially devastating consequences in patients with ocular surface diseases and after intraocular surgery where there are wound leaks.”

These consequences include blindness and even death in some cases. As a result, if you use eye drops, it is important to make sure your eye drops are not contaminated. Additionally, if you experience pain, loss of vision or other unexpected symptoms after using eye drops, you should talk to a doctor as soon as possible.

10 Types of Bacterial Infections Linked to Contaminated Eye Drops

The primary contamination risk associated with eye drops is the risk of bacterial contamination. While contamination is relatively rare overall, researchers have identified the following as among the most common types of bacterial contaminants found in non-sterile eye drops:

• Alpha Streptococcus
• Bacillus SPP
• Coagulase Negative Staphylococcus
• Enterobacter Cloacae
• Haemophilus
• Klebsiella Oxytoca
• Proteus
• Pseudomonas Aeruginosa (P. aeruginosa)
• Serratia SPP
• Staph Aureus

Most recently, the U.S. Centers for Disease Control and Prevention (CDC) have identified an outbreak of pseudomonas aeruginosa (P. aeruginosa) linked to eye drops distributed by EzriCare and Delsam Pharma. This includes eye drops sold under the brand names Artificial Tears and Artificial Ointment. As the CDC explains, pseudomonas aeruginosa is “extensively drug-resistant,” and the CDC advises individuals who have used these brands of eye drops to seek medical attention immediately if they develop any of the following symptoms:

• Abnormal light sensitivity
• Blurred vision
• Pain or discomfort in the eye
• Redness of the eye or eyelid
• Yellow, green or clear discharge from the eye

This is a very serious outbreak. According to the CDC’s latest data, among patients who were tested between May 2022 and April 2023, 14 experienced vision loss, four required surgical removal of the eye, and another four tragically passed away. As a result, this is not a contamination risk to be taken lightly, and anyone who has concerns (whether for themselves or for a family member) should heed the CDC’s advice to go to the doctor’s office or hospital as soon as possible.

How Do Eye Drops Get Contaminated?

In most cases, bacterial contamination of eye drops results from one of two factors. Either: (i) the manufacturer fails to maintain adequate sterilization during the manufacturing and packaging processes, or (ii) the bottle or lid used for packaging becomes compromised or is not adequately secured.

We have recently seen cases involving both of these issues. On March 2, 2023, Apotex Corp. issued a recall due to “cracks that have developed” in some of the bottles used to store its Apotex-brand eye drops. Previously, Kadesh Inc. issued a recall for its Puriton-brand eye drops after an investigation uncovered that the drops were “manufactured without necessary production controls and conditions to assure sterility.”

Regardless of why a manufacturer’s eye drops become contaminated, there is no excuse. Eye drops need to be sterile to ensure that they are safe for use, and manufacturers have access to all of the knowledge and tools they need to ensure their products’ safety. Yet, contamination remains a very real concern, and each year numerous people suffer life-altering (and in some cases life-threatening) complications that eye drop manufacturers could—and should—have prevented.

What Are Your Legal Rights if You Purchased Contaminated Eye Drops?

With all of this in mind, what are your legal rights if you purchased contaminated eye drops?

If you purchased eye drops contaminated with Pseudomonas aeruginosa (P. aeruginosa) or any other type of dangerous bacteria, you may be entitled to financial compensation from the manufacturer. Eye drop manufacturers—like all manufacturers—have an obligation to ensure that their products are reasonably safe for their intended use.

Eye drops that have the potential to cause blindness or death are not reasonably safe.

Patients and families affected by contaminated eye drops can file claims based on the law of products liability. This law says that product manufacturers are strictly liable when they sell defective products—meaning that proof of negligence isn’t required. So, even if a manufacturer had no reason to know that its eye drops were contaminated (or at risk for contamination due to packaging issues), the manufacturer can still be held liable for putting a dangerous product on pharmacy shelves.

How Do You File a Claim for Contaminated Eye Drops?

If you think you may have a claim for contaminated eye drops, your next step (after seeking treatment) is to speak with a products liability lawyer. Even when a manufacturer is strictly liable, filing a successful claim is not easy. The manufacturer (and its defense lawyers) will fight your claim by all means available, and you will need to be able to clearly prove that you are entitled to just compensation.

Along with helping prove that you are entitled to just compensation, your lawyer can also prove how much you are entitled to recover. Your lawyer can submit your proof to the manufacturer’s insurance company; and, if necessary, your lawyer can take your claim to court. The lifetime costs of infections caused by contaminated eye drops can be substantial, and you owe it to yourself and your family to protect your legal rights by all means available.

Discuss Your Contaminated Eye Drop Claim with a Lawyer at Searcy Denney

Our lawyers handle contaminated eye drop claims nationwide. If you believe you may have a claim, we encourage you to contact us promptly for more information. To discuss your claim with an experienced lawyer in confidence as soon as possible, call 800-780-8607 or send us your contact information online today.

The post The Most Common Types of Contaminants Found in Eye Drops appeared first on Searcy Law.

Few things are as difficult as losing a loved one. The life complications which can stem from a wrongful death may seem insurmountable. While nothing can give you back what you have lost, it is important that you take immediate steps to get your life back on track. Choosing the right personal injury attorney to assist you is one of those steps. This article is meant to provide tips to help you make sure that you are choosing the “right” lawyer. If you or a family member are in need of assistance, contact our office today.

We will address four aspects to consider when you are choosing an attorney to represent you. These aspects are:

• The need to hire a firm that focuses on personal injury law
• The need to hire a firm with adequate financial resources
• Retaining a law firm that will handle both the “pre-litigation” and litigation phase
• The need to research the law firm prior to retention

Each of these points will be discussed in turn.

Retain a Law Firm that Focuses on Personal Injury Law

There are law firms that practice heavily or exclusively in the area of personal injury law. There are many other firms that take personal injury cases but do not have an emphasis on the area. These firms often include solo practitioners with a generalized practice or small firms that primarily practice in areas such as family law or criminal defense. While any licensed attorney can represent you, it can be beneficial to retain a firm that focuses on personal injury.

Personal injury cases involve several aspects which simply are not as common to other areas of law. These include the fact that such cases may involve numerous parties on the other side. This is not true in, say, a divorce. Also, other areas of law do not have to deal with the issue of comparative fault, where the jury may apportion part of the liability to the plaintiff and part to the defendant(s). This is different from a criminal case, where a defendant is either guilty or not guilty. It is also different from most non-personal injury civil litigation, where a party is either liable or not liable. Finally, personal injury matters can involve the use of numerous expert witnesses. These can include accident reconstructionists who will testify in regard to liability, medical experts who will testify as to a victim’s chances of recovery, and an economist who will testify as to how the injury has impacted the victim’s earning ability. The use of experts are far less common in other areas of law and it is quite rare for more than one expert to ever be utilized in a non-personal injury case.

If you retain an attorney who does not have an emphasis on personal injury law then you run the risk of having counsel who is not experienced in handling the types of issues just described. This has the potential to be detrimental to your case.

Retain a Firm With the Necessary Resources

Personal injury cases are different from many other legal matters in that the attorney does not get paid until your case settles or until you prevail at trial. Also, a personal injury attorney will often pay substantial costs upfront during the handling of your case. These costs can include expert witness fees, discovery costs, investigator expenses, and more. It is important that you retain a firm with the resources necessary to pay these various costs and to see your case through to completion. Retaining a firm without the necessary resources can result in your attorney having to withdraw in the middle of your case. Worse, it can result in your matter being handled without adequate resources having been devoted to it. This can hurt your chances of gaining the compensation you deserve.

While no attorney should take a case that they lack the resources to handle, the truth of the matter is that some law firms get in “over their heads” when taking wrongful death cases. When you are interviewing potential counsel, it is important that you inquire as to the firm’s level of financial resources.

Retain a Firm Which Will Handle the Case From Beginning to End

There are some personal injury firms that consider themselves “pre-litigation” only. This means that the attorney will take your case and attempt to reach a settlement with the insurance carriers. The process of settlement negotiation may go on for some time. If such a firm cannot reach a settlement, it will then refer the matter to another law firm that will handle the litigation. This means, from your perspective, that you would have to switch lawyers in the middle of the case. Retaining a firm that handles both the pre-litigation and litigation aspects of the matter can ensure that you have one firm representing you throughout the process.

Research the Firm Prior to Retaining Them

It is important to research the firm’s track record prior to hiring them. A first step in doing so is to contact the State Bar of Florida and determine whether the potential attorney has ever been reprimanded for professional misconduct. Also, using online review sites such as Google and Yelp can be of assistance as they allow you to see feedback from the firm’s former clients. This type of research can be of great assistance when deciding whether a certain lawyer should be permitted to handle your case.

Call Our Office to Speak With a Florida Wrongful Death Attorney

It is understandable that you are grief-stricken if you have recently lost a young one. Retaining the right lawyer means that counsel can focus on the legal issues while you focus on moving your life forward. Our firm is dedicated to protecting the rights of injury victims and we are proud of the level of representation which we offer. If you require assistance, contact us online or by telephone at 800-780-8607 to speak with a Florida wrongful death attorney.

The post Choosing a Florida Wrongful Death Lawyer appeared first on Searcy Law.

Exactech has recalled hundreds of thousands of its implantable medical devices. This includes ankle, hip, knee and shoulder implants that the company shipped to doctors’ offices and hospitals across the country. These recalls present substantial risks for patients, with complications necessitating revision surgery in many cases.

Understanding the Patient Safety Risks Linked to Defective Exactech Devices

The specific risks patients face depend on the devices they received. It also depends on when they underwent their joint replacement procedures, as Exactech has recalled different devices at different times (and for different reasons). With that said, there are some overarching concerns, and some of the effects are the same regardless of why a device fails:

Early Signs and Symptoms of Defective Device Issues

Due to the widespread issues with Exactech’s implantable joint replacement devices, nearly all patients who received these devices need to be aware of the early signs and symptoms of device failures. With ankle, hip, knee and shoulder replacements, these signs and symptoms include:

• Pain in the area surrounding the joint where your replacement is located
• A crunching, clicking or grinding sensation in the joint where your replacement is located
• A feeling of looseness in the affected joint
• Swelling or redness around the affected joint (which may early signs of an infection)
• Weakness, loss of muscle control, or a feeling of instability in the affected joint

However, this list is not exclusive. Specific issues with specific devices can cause additional signs and symptoms. As a result, if you have received an Exactech replacement device, it is worth speaking with your doctor about any concerns of which you need to be aware. Your doctor can also tell you if your device has been recalled—and, if so, what this means for your potential immediate and long-term treatment needs.

Complications Caused By Defective Device Failures

If left untreated, Exactech implantable device failures can potentially cause a variety of complications. These complications can be very serious—and even life-threatening in some cases. Oftentimes, revision surgery will be necessary to protect patients’ safety (although, as discussed below, revision surgery presents certain risks as well), as certain issues cannot be fixed except by replacement of the defective device.

Some examples of the complications that can be caused by Exactech implantable device failures include:

Infections

Several of Exactech’s implantable medical devices suffer from issues that cause them to degrade over time. When they degrade, this can result in dangerous chemicals and particulates being released into the body. This can lead to infections—which, while generally treatable, can present serious health risks if they go unnoticed or ignored.

Infections are a risk with all types of defective Exactech implantable devices. When patients suffer from infections, it will typically be necessary not only to treat the infection but to address the cause of the infection as well. This will mean undergoing revision surgery in many cases.

Joint Failures (Resulting in Falls and Other Accidents)

Another serious patient safety risk associated with Exacted device defects is the risk of joint failure. Whether due to degradation or other issues, patients’ joints can fail—literally falling apart in some cases—and this can have severe consequences. Not only can it cause internal damage to the joint and the surrounding bones, nerves and tissue, but it can also lead to falls and other accidents.

Periprosthetic Bone Fractures

Even if an Exactech device doesn’t fail completely, weakness, loosening and other issues affecting the device can lead to periprosthetic bone fractures. These are fractures in the bones attached to the implantable device. When patients suffer periprosthetic fractures, treatment can be difficult, as both the fracture and the issues with the device itself will need to be addressed.

Bone fractures can often be especially dangerous for older patients. Treatment itself can be risky in some cases, particularly with fractures caused by defective hip implants. But, periprosthetic fractures present risks in all cases, and all patients must do everything they can to ensure that they receive the treatment and the financial compensation they need to recover.

Health Risks Associated with Revision Surgery

Along with complications caused by Exactech device failures, another patient safety concern has to do with the risk of complications associated with revision surgery. When a defective medical device degrades or fails, removal and replacement of the device will often be the only option for protecting the patient going forward.

However, revision surgeries themselves can be risky. Adverse reactions to anesthesia, excessive bleeding, blood clotting and infections are all very real concerns. As these are often long and difficult procedures, the risks associated with revision surgeries can be greater than those associated with a patient’s original implantation.  

Managing the Costs of Defective Exactech Device Failures: Another Very Real Concern

Another very real concern has to do with the financial and non-financial costs of patients’ medical device failures. Regardless of whether revision surgery is needed, dealing with a defective implant can prove extremely costly. Patients can incur substantial medical debt, and if they are unable to work during the recovery process, they can find themselves struggling to pay their other bills due to their loss of income.  

Pain, limited mobility and other effects can also have a substantial impact on patients’ day-to-day lives. Fortunately, these are all costs that patients are entitled to recover in many cases. Exactech is facing lawsuits related to its defective medical devices across the country, and, by issuing numerous recalls, the company has effectively acknowledged liability in many cases. Most patients who have not yet filed lawsuits still have time to do so, and if you think you may have a claim (or don’t know and would like to find out), you can discuss your legal rights with a lawyer for free.

Discuss Your Legal Rights with a Lawyer at Searcy Denney

If you need to know more about filing a claim against Exactech related to one of its recalled implantable medical devices, we invite you to get in touch. Call 800-780-8607 or contact us online to schedule a free consultation today.

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