The loss of a family member is one of the most devastating events that anyone can go through. While financial compensation cannot make the pain of loss go away, it can prevent your situation from getting worse due to the impact that an unexpected death can have. Understanding how damages are calculated in a wrongful death case is an important part of having reasonable expectations as your case moves forward. This article will discuss those calculations. If you are in need of help, it is important that you contact an attorney as soon as possible.

Losses from a wrongful death can include economic damages, an award for pain and suffering, and possibly punitive damages. Also, it is important to understand that comparative fault may play a role in your case. Each of these issues will be discussed in turn.

Economic Losses

The surviving family members may be entitled to compensation for the economic impact of what has happened. First is the fact that the deceased is no longer able to provide income for the family. As a result, a defendant will potentially be liable for the amount of lost earnings that occurred in between the accident and the time of death. Also, a determination will be made as to how much the deceased could have been expected to earn during the remainder of their life. The determination of lost lifetime earnings will typically require the use of expert witnesses and is a hotly contested topic during the litigation of such cases.

Damages will also include any medical bills which the deceased was required to pay as a result of the incident in addition to funeral expenses. The determination of these amounts is relatively straightforward; it is a matter of totaling expenses. Issues can arise, however, if there is a disagreement over the necessity of certain treatments, etc.

Another factor considered will be the loss in value of services or activities that the deceased performed. Consider the following example. Jack and Jill are a married couple with two small children. They work alternating shifts so one of them can be at home with the children while the other is at their respective job. Jack, unfortunately, is lost in a car accident, and Jill will now require daycare services to be able to go to work. In addition to Jack’s lifetime earnings, Jill can also be entitled to the cost of daycare for her children. The same is true for other services which Jill may have to pay for, or individuals she may have to hire as a result of Jack no longer being there.

Pain, Suffering, and the Loss of Companionship

The loss of a loved one is an emotional catastrophe. Damages in a wrongful death case will include a component for the emotional pain, anguish, and suffering that you and your family have endured as a result. In addition to emotional grief, this will include compensation for the time you have spent dealing with the situation and other inconveniences you have suffered as a result. Also, and quite important, you may seek compensation for the loss of companionship that results from the death of a loved one. 

Another component of a pain and suffering award will be compensation for what the deceased went through in between the time of the accident and the time of their death. This will include damages for pain suffered during the actual accident all the way through treatment. Also, it will include compensation for the distress, anger, and aggravation that they felt.

The Potential For Punitive Damages

Compensation for economic losses and pain and suffering is meant to replace what the surviving family members have lost. Punitive damages, on the other hand, are meant to punish the wrongdoer for what they have done. Such damages are rare and will only be awarded in situations where the defendant(s) acted with intent or out of reckless disregard for the safety of others. Product liability cases tend to be a class of case in which punitive damages may be more likely.

The Role of Comparative Fault

Florida’s comparative fault laws will apply in a wrongful death claim. This means that if the deceased is found to have been partially responsible for the accident, then compensation for economic losses, as well as pain and suffering, will be reduced by the share of fault that falls on the deceased. If the deceased is found to have been at least 51% at fault for the accident, then the surviving family members will receive nothing. It should be noted that comparative fault does not apply to a punitive damages award.

Consider the following example. Joe is riding his bike and, without looking or signaling, he veers into a lane where a vehicle is driving. Joe is hit by the vehicle and loses his life. The evidence shows that the driver was speeding and looking at their phone at the time they hit Joe. The jury finds that both parties are responsible for the accident and allocates blame fifty-fifty. The total losses are calculated to be $5 million. Joe’s surviving family members will receive $2.5m ($5m -Joe’s 50% share of fault for the accident). If, however, the jury were to find that Joe was at least 51% responsible for the accident, then his family members would receive nothing. This is due to a change in Florida’s comparative fault standards, which occurred in 2023.

Contact a Florida Wrongful Death Attorney Today

If you have lost a loved one to an accident, we understand that this is a difficult time in your life. Our firm is dedicated to protecting the rights of victims and we will give your matter the attention it deserves. This includes promptly responding to emails, phone calls, and making ourselves available to answer your questions. It also includes dedicating necessary resources to the handling of your case. If you require assistance, contact us online or by telephone at 800-780-8607 to speak with a Florida wrongful death attorney.

The post Calculating Damages In Florida Wrongful Death Cases appeared first on Searcy Law.

Exactech is a medical device company that has faced numerous lawsuits in recent years. These lawsuits have focused on various issues with the company’s implantable medical devices, including issues that the company has acknowledged in recalls filed with the U.S. Food and Drug Administration (FDA).

Among the products Exactech has recalled are the company’s shoulder replacement systems. After issuing a recall in 2015, the company has now issued another recall as of June 2023.

Exactech’s Latest Shoulder Replacement Recall: What Patients Need to Know

Exactech issued its latest shoulder replacement system recall after identifying an issue with the “ball and spring” mechanisms used in the handle of the orthopedic stereotaxic instrument used during surgery. As a result of the issue, the device can become dislodged during disassembly or impaction, and this has led Exactech to advise that doctors should “immediately cease distribution or use of the product and quarantine any of the devices . . . and return them.”

Unfortunately, complications during surgery aren’t the only risks that Exactech shoulder replacement patients face. The shoulder replacement devices themselves can fail, potentially resulting in internal damage, infections, and other issues. As a result, patients who have received Exactech shoulder replacements should consult with their doctors concerning the risks they may be facing, and those who experienced complications should speak with a lawyer about their legal rights.

Filing a Lawsuit for a Defective Exactech Shoulder Replacement System

Patients who have experienced complications as a result of their shoulder replacement surgeries may have claims against Exactech. The company is no stranger to litigation, as it has faced lawsuits across the country related to its hip, knee and ankle replacement systems as well. It has a long history of selling dangerous and mislabeled products—as acknowledged in its own recall statements—and this has unfortunately left many patients worse off than they were before their replacement surgeries.

One of the first steps toward filing a lawsuit for a defective Exactech shoulder replacement system is to obtain a diagnosis of the issue. Not only is this important for asserting your legal rights, but it is also important for protecting your health. If you have any concerns about your Exactech shoulder replacement for any reason, you should see your doctor promptly. The issues caused by defective shoulder replacement systems can continue to worsen without treatment, so it is important that you get the treatment you need as soon as possible.

Once you have been diagnosed with a health condition related to a defective Exactech shoulder replacement system, you should:

1. Collect Your Medical Records

If you have a claim against Exactech, you will need your medical records to prove it. While your lawyer can work with your medical providers to gather all of the documentation you need, it will be helpful if you can collect any medical records you currently have in your possession. This includes any and all records related to your shoulder replacement surgery and subsequent treatment—scans, test results, bills, receipts, and any other documents you may have received from your medical providers or your insurance company.

2. Take Notes

It is also a good idea to take some notes. When did you have shoulder replacement surgery? When did you start to notice issues with your shoulder replacement? When did you first seek treatment for these issues? What was your diagnosis, and what treatment did your doctor recommend? These are all key pieces of information that you will want to share with your lawyer during your free initial consultation.

3. Schedule a Free Consultation with a Lawyer

Once you collect your medical records and take some notes, you will want to schedule a free consultation with a lawyer. Specifically, you should schedule a free consultation with a lawyer who handles defective medical device claims. These claims present some unique challenges, so it is important to choose a lawyer who has relevant experience—and ideally prior experience dealing with Exactech.

Calculating (and Documenting) the Costs of Your Defective Exactech Shoulder Replacement

When deciding whether to file a lawsuit, one of the most important considerations is the amount of financial compensation you are entitled to recover. The financial and non-financial costs of defective shoulder replacement systems can be substantial. Many patients are unable to cover the financial costs on their own, and the non-financial costs can impact all aspects of their lives.

The financial costs of a defective shoulder replacement include the costs of revision surgery and follow-up treatment—but this is just the start. Physical therapy, occupational therapy, prescriptions and medical supplies add significantly to patients’ financial costs as well. If you need to take time off from work (which will most likely be the case), your claim will also cover your lost wages; and, if you need help during your recovery (which will also most likely be the case), the cost of hiring help can also be included in your claim for damages.

Then, there are your non-financial costs. These include things like pain and suffering, emotional trauma, and loss of enjoyment of life. These are also losses you are entitled to recover. There are various methods for placing a “value” on these losses, and when you hire a lawyer, your lawyer will use his or her experience to ensure that he or she is seeking the full financial compensation you deserve.

For now, you can do your best to document your defective shoulder replacement’s effects. Along with keeping track of your expenses, this includes keeping track of how your defective shoulder replacement impacts your day-to-day life. When you meet with a lawyer, your lawyer will explain the additional steps you need to take to help maximize your chances of a full financial recovery.

Discuss Your Exactech Shoulder Replacement Claim with a Lawyer at Searcy Denney

Do you have a claim against Exactech for a defective shoulder replacement system? Contact us to find out. To discuss your legal rights with an experienced lawyer at Searcy Denney in confidence, call 800-780-8607 or request a free consultation online today.

The post Exactech Shoulder Replacement Systems: What You Need to Know appeared first on Searcy Law.

Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises. The owner or manager, by contrast, will claim that they took reasonable steps to keep the property safe and, if the Plaintiff fell, it was due to their own negligence. While there are certainly incidents that stem solely from the property owner’s negligence, there are others where both sides share some level of responsibility. Fortunately, Florida’s comparative fault laws allow an injury victim to recover damages even if they were partially responsible for the accident. This article will discuss how these comparative fault laws apply to a slip and fall or other premises liability cases.

This article will discuss how Florida’s premises liability laws operate, our state’s comparative fault laws, and why the issue of comparative fault is hotly contested in a slip and fall case. If you or a family member are in need of assistance, contact our office to speak with an attorney.

Understanding Florida’s Premises Liability Laws

All property owners have a duty to take reasonable steps which are meant to keep their property safe for welcome visitors. This includes retail stores, restaurants, malls, etc. It is important to note that the steps taken need only be “reasonable”; the law recognizes that it is not possible for a property owner or manager to keep the premises 100% safe at all times. The determination of whether the measures taken were reasonable will depend on the specifics of the situation and the nature of the property. Steps that may be considered necessary for keeping a store safe, for example, will differ from steps that must be taken to keep a bowling alley safe.

If a property owner fails to take reasonable steps to keep the premises safe, and someone is injured as a result, then the owner may be liable for damages. This is best explained by way of example. Suppose a grocery store “X” requires its clerks to check the aisles for spills every 3 hours. All other grocery chains, however, require that their aisles be checked every hour. X is attempting to save costs by hiring less staff, which means less frequent inspections. A patron slips in a puddle of water and suffers severe injuries. A review of the security footage shows that the spill had happened roughly two hours before the patron slipped. Under this scenario, it would likely be found that store X failed in its duty to keep the property safe. The victim would likely be able to recover damages. 

Understanding Florida’s Comparative Fault Law

Florida adopted the “modified” comparative negligence standard in 2023. This standard allows an injury victim to recover damages even if they were partially responsible for the accident. The victim’s damages award will be reduced in proportion to their share of the fault. If, however, the victim was at least fifty-one percent responsible for the accident, they would recover nothing. If the matter goes to trial, then the extent to which each party was at fault will be determined by the jury.

Consider the following example. Joe is walking down the aisle of store X, which, as mentioned above, does not regularly check its aisles for spills. A puddle of water has been on the ground for an unreasonable amount of time. Joe, however, is scrolling through social media feeds on his phone and is not paying attention while walking. This reduces the chance of Joe spotting the dangerous situation before slipping in the puddle. Joe slips and suffers serious injuries to his neck and back. The jury finds that the store was sixty percent responsible for the accident and that Joe bears forty percent of the responsibility as he was not paying attention while walking. The jury also finds that Joe suffered $500,000 in damages. Joe will receive $300,000 ($500k – 40%). If the jury had found that Joe was fifty-one percent, or more, responsible for the accident then he would have recovered nothing.

Comparative Fault Can Be a Hotly Contested Issue in Slip and Fall Cases

Comparative fault is raised by the defense in slip and fall cases possibly more than in any other area of personal injury law. This is due to the fact that the allocation of fault can be highly subjective and people often have differing opinions as to whether the victim should be partially blamed for the accident. The defense can be expected to argue at every turn that the victim was not paying attention while they were walking, that they should have been aware of the dangerous situation, or that they were somehow responsible for their own injuries. Retaining an attorney who is experienced in presenting such matters to a jury can be vital. 

There are several steps that counsel will take to ensure that the strongest possible case is made to the jury. These steps can include the retaining of experts who will testify as to the steps that the establishment should have taken to make the premises safe. Other steps can include obtaining security footage, maintenance reports, and other evidence that will be used to prove your case. When you are choosing counsel to handle your case, it is important that you ask them about specific steps that they will take in a case like yours.

Contact a Florida Premises Liability Attorney

If you have been injured on another’s property, you must take immediate steps to protect yourself. The first of these steps is to seek immediate medical attention. The second is to contact an experienced personal injury lawyer. Our firm’s mission is to protect those who have been injured due to another’s negligence. We will give your case the attention it needs and we pride ourselves on providing quality service. Contact us online or by telephone at 800-780-8607 to speak with a Florida slip and fall attorney.

The post How Florida’s Comparative Fault Laws Impact Premises Liability Cases appeared first on Searcy Law.

Exactech is a medical device company that manufactures implantable joint replacements. It is also a company that has faced numerous lawsuits related to its products in recent years. In many cases, Exactech has acknowledged the safety issues with its own medical devices—issuing recalls affecting hundreds of thousands of patients nationwide and around the world.

If you or a family member has received an implantable medical device manufactured by Exactech, it is important that you find out if the device has been recalled. If it has, immediate revision surgery may be necessary. Even if revision surgery isn’t necessary currently, it may become necessary in the future, and issues with the device could be putting you or your loved one at risk for a variety of potentially serious medical complications.

What Patients and Families Need to Know About Exactech’s Implantable Medical Device Recalls

You can search for Exactech recalls using the U.S. Food and Drug Administration’s (FDA) Medical Device Recalls database. As of July 1, 2023, the company has 170 recalls on file with the FDA. Below, we provide a summary of the current status of the Exactech recalls, as well as some additional information for patients and families who need to file lawsuits to recover their losses:

Exactech Ankle Replacement Device Recalls

Exactech’s Vantage total ankle system is one of several devices that the company has recalled in recent years. This recall in particular relates to the risk of material deterioration within the device itself. Over time, this deterioration can cause the device to fail, and this can put patients at risk for both physical injuries and infections.

The Vantage total ankle system recall has been classified as a Class 2 Device Recall by the FDA. This means that the use of the defective implant “may cause temporary or medically reversible adverse health consequences.” While the risk of “serious adverse health consequences” is considered “remote” with a Class 2 Device Recall, many patients have suffered lasting consequences—physical, financial and emotional—as a result of receiving defective Exactech ankle replacement devices.

Exactech Hip Replacement Device Recalls

Exactech has recalled all hip implant devices that use the company’s Connexion GXL liner. There are several devices on this list. The Connexion GXL liner is prone to failure, deteriorating at a rate that requires premature revision surgery in many cases. Investigations have uncovered evidence suggesting that this is due to issues with the hip implant devices’ design, manufacturing and packaging.

Due to the risk of deterioration, Exactech has recommended that doctors closely monitor their patients for signs that revision surgery may be necessary. Common signs of complications caused by Exactech hip implant failure include pain, stiffness, joint pain and weakness, and difficulty walking.

Similar to the recall of Exactech’s Vantage total ankle system, the recall related to the company’s defective hip implant devices is a Class 2 Device Recall. Patients who have already had revision surgery should speak with a lawyer about recovering their costs, while those who have not yet had surgery should continue to monitor and consult with their doctors to determine if (or when) surgery may be necessary.

Exactech Knee Replacement Device Recalls

Exactech issued a recall in 2022 related to the company’s knee implant devices. This recall alone potentially affects hundreds of thousands of patients who received knee implants between 2004 and 2022. Our law firm is currently pursuing claims related to knee replacement device defects against the company.

One of the primary issues with Exactech’s knee replacement devices had to do with the devices’ packaging. Investigations uncovered that the packaging used failed to protect the devices from oxygen exposure prior to implantation. This, in turn, created a risk for oxidation—which can significantly increase the rate of the devices’ degradation.

For many patients, the first signs of an Exactech knee replacement device failure are swelling, instability, a grinding or clicking sensation, and pain while walking. Patients who are experiencing these symptoms and who received an Exactech Optetrak, Optetrak Logic or Truliant knee implant device in 2004 or later should consult with their doctors about the possible need for revision surgery.

Exactech Shoulder Replacement System Recalls

Exactech has also issued recalls affecting the company’s implantable shoulder replacement systems. These recalls relate to issues with the replacement systems themselves as well as the tools the company supplies for use during surgery.

Similar to issues with other types of joint replacement implants, issues with Exactech’s shoulder replacement systems can have a wide range of potentially serious consequences. These include everything from instability and infections to device failure and periprosthetic failure.

What to Know About Filing a Claim Related to an Exactech Recall

As of July 2023, numerous patients and families across the United States are pursuing claims against Exactech related to the company’s defective ankle, hip, knee and shoulder replacement devices. Those who have not yet taken legal action still have time to file in the majority of cases. If you think you may have a claim (or if you don’t know and would like to find out), here are some key factors to consider:

• By issuing recalls, Exactech has acknowledged the defects affecting its implantable joint replacement devices in many cases.
• Filing a successful claim for a defective medical device does not require proof of negligence—the simple fact that Exactech sold defective devices is enough to establish liability.
• If you have a claim against Exactech, our firm can represent you at no out-of-pocket cost. Your legal fees (if any) will be calculated as a percentage of your recovery.
• Filing a claim affords the opportunity to recover all of the costs of your (or your loved one’s) defective medical device implant. This includes medical expenses, lost earnings, pain and suffering, and various other financial and non-financial costs.
• The first step in the process is simply to schedule a free initial consultation. We provide free initial consultations over the phone to patients and families nationwide.

Discuss Your Claim Against Exactech with a Lawyer at Searcy Denney

If you would like more information about filing a claim against Exactech, we invite you to get in touch. Please call 800-780-8607 or contact us online to schedule a free initial consultation with a lawyer at Searcy Denney.

The post The Exactech Recall: A Quick Synopsis and Update on What You Need to Know appeared first on Searcy Law.

There may be nothing more disruptive to one’s life than the loss of a loved one. A death, whether sudden or as the result of a long-term illness, can leave a person not knowing what to do next. While it is understandable that you may be unsure of the next steps if you have suffered such a tragedy, it is important that you take immediate steps to protect your interests. Gaining an understanding of the process that you are facing is one of those steps. This article, therefore, is written to discuss what one should expect in a wrongful death case. If you need help, reach out to us today to speak with an attorney.

Retaining an Attorney for Your Wrongful Death Case

The first step you should take after wrongful death is to retain an attorney as quickly as possible. You are likely to be contacted by insurance carriers for the defendant(s) almost immediately after an accident has occurred. These carriers will attempt to deal with you directly and will also attempt to dissuade you from hiring counsel. It must be remembered, however, that these individuals work for the insurance company. Their goal is to settle your matter quickly for the lowest amount possible. An attorney, by contrast, is charged with protecting your interests. Your counsel will deal with the insurance adjusters on your behalf while you focus on the important task of getting life back on track.

The Negotiation Stage

Once you retain an attorney, your counsel will inform the insurance carriers of the representation. Your attorney will then begin the task of determining the financial impact that the loss has had on your life. As we discussed in our article on calculating damages in a wrongful death case, the surviving family members will be entitled to compensation for economic losses, pain and suffering, as well as the loss of companionship. Once your attorney has determined the appropriate amount to request as a settlement, a “demand letter” will be sent to the insurance carrier. This letter will state the amount being requested, calculations showing how that amount was determined, and documentation (such as pay records) that support the request.

Economic experts will likely be retained by your attorneys as part of the negotiation stage. This is due to the fact that the requested damages will include compensation for the amount of money that the deceased could have been expected to earn over the remainder of their life. Determining such a number will require the opinions of vocational and economic experts who will issue an opinion after weighing the facts of the situation. These facts include the career of the deceased, their age at the time of death, the potential for pay raises and advancement, how long someone could be expected to work in their given field, etc.

The negotiation stage of a case can be expected to take some time. The insurance carriers seldom agree to an initial settlement demand. They are, instead, likely to utilize their own experts who will issue a differing opinion as to the amount of money the deceased could have been expected to earn. Also, the insurance company is likely to dispute the amount to be paid for pain and suffering. Your attorney and the insurance adjusters will go back and forth, sometimes for many months if not longer, in an attempt to reach a settlement. If an acceptable settlement cannot be reached, then it will be necessary for the case to proceed to litigation.

The Litigation Stage

A wrongful death lawsuit in the state of Florida must be filed within two years after the deceased has passed away. The case will begin with a Complaint being filed with the Court. Depending on the nature of the case, there may be multiple defendants. This is often true in situations involving trucking accidents, product liability claims, and other matters involving corporate entities. Once the case has been filed, each of the defendants will be served with the Complaint. They will then file their responses.

A period known as “discovery” will begin after the defendant(s) have appeared in the case. This is the process by which information is gained from the other side in a lawsuit. There are several tools available for gaining such information. These include Interrogatories, which can be used to require that the other side provide written answers to written questions. Requests for Production can be used to gain records and other tangible items from the defendant(s). Subpoenas can be used to gain records from third parties. Also, depositions can be used to gain sworn testimony in the presence of a court reporter. Discovery is a highly important part of the process as, without it, you will be without needed evidence at trial.

Attending Trial

The trial will begin with the selection of a jury. Once the jury has been empaneled, each side will make an opening statement. Your attorneys will present your witnesses and evidence. The defense will then present its case. Your attorneys will follow with a “rebuttal.” Closing arguments will then be made. The jury will deliberate and issue a verdict in regard to liability, comparative fault, and damages. While the trial process may sound straightforward, it is, in fact, highly complicated. The rules of evidence will be enforced. If your case is not handled correctly, the jury may not hear evidence that is important to your case.

Contact a Florida Wrongful Death Attorney

Navigating the legal process is difficult enough. It can be even more vigorous if you are dealing with the death of a loved one. Our firm is dedicated to standing up for the rights of victims and we pride ourselves on providing quality service. We will stay in regular contact with you as your case moves through the process discussed above. This includes promptly responding to phone calls, emails, and ensuring that we are available to answer your questions. Contact us online or by telephone at 800-780-8607 to speak with a Florida wrongful death attorney.

The post What to Expect in a Florida Wrongful Death Case appeared first on Searcy Law.

Getting a shoulder replacement is supposed to improve your quality of life. It is supposed to eliminate your pain, restore your mobility and allow you to do most of the things you were able to do before you started to have shoulder problems.

Unfortunately, this doesn’t always happen.

Problems with shoulder replacements are common. While issues can result from mistakes during surgery, they can also result from issues with patients’ shoulder replacement systems. One manufacturer in particular that is known for selling dangerous replacement devices (not just shoulders, but other joints as well) is Exactech.

Are You Suffering Due to Complications From a Defective Exactech Shoulder Replacement System?

Exactech has issued numerous recalls over the past several years, and it has faced lawsuits across the country as a result. This includes recalls related to its Equinoxe shoulder replacement system. Issues with Exactech’s shoulder replacement systems can cause various issues—all of which present risks for complications, and many of which put patients at risk for needing emergency revision surgery.

Some examples of common issues with Exactech shoulder replacement systems (and how to identify them) include:

Instability

Instability is a common issue with shoulder replacement surgeries, including those that involve Exactech replacement systems. It can occur if the shoulder is left too loose due to the implant or if issues with the implant lead to loosening over time. With that said, instability generally should not occur, and, as a result, when patients experience instability after their replacement surgeries, this is generally a sign that something has gone wrong.

Shoulder instability caused by a defective shoulder replacement has several telltale symptoms. Shoulder pain, a loose or “hanging” feeling in the shoulder, and the sensation that your shoulder bone is slipping out of its joint are all signs that treatment may be necessary.

Infections

Defective shoulder replacement systems can also cause various types of infections. While they can do so in various ways, one of the most common causes of infection related to defective shoulder replacement systems is the degradation of the implanted device—which can cause internal trauma and exposure to the materials used to manufacture the device.  Some of the warning signs of an infection linked to an Exactech shoulder replacement failure include “increased warmth, erythema, swelling . . . reduced range of movement and pyrexia.” Erythema is reddening of the skin, and pyrexia is an increase in body temperature (fever).  

Loosening Components

Over time, the components in a shoulder replacement system can start to loosen. While all implant devices have an expected lifespan, in some cases, this can happen more quickly than it should. If any of a shoulder implant’s components begin to loosen sooner than expected, this can be a sign of a defect, and it can cause symptoms similar to those of instability. In some cases, it can also present risks for long-term complications; so, here too, it is crucial to seek treatment promptly if you have concerns.

Implant Failure

Beyond loosening, in some cases, shoulder implants can fail. This involves one or more components becoming disconnected, degrading, or breaking after implant surgery. Implant failures can be extremely dangerous and can even be medical emergencies in some cases. Severe pain, disfigurement of the shoulder, loss of mobility, and unusual sounds or feelings during movement of the shoulder joint are all possible signs of an implant failure—although this list is not exclusive. If you are experiencing any unusual effects following a shoulder replacement surgery, even if it has been several years since you received your implant, you should see a doctor as soon as possible.

Periprosthetic Failure

Another severe risk associated with defective Exactech shoulder replacement systems is the risk of periprosthetic failure. This involves failure not of the device itself (although the device may have also failed) but rather a failure of the bones attached to the shoulder implant. Instability, infections, loosening components and implant failures can all compromise the attached bones, and this, in turn, can lead to fractures that may require surgery or other forms of treatment.

The symptoms of periprosthetic failure can be similar to the symptoms of the other conditions listed above. This makes obtaining an accurate diagnosis extremely important. All of the conditions listed above can get worse without timely treatment, and an accurate diagnosis is the first step on the road to recovery.

What You Need to Know if You Are Diagnosed with an Exacted Shoulder Issue

If you are diagnosed with any type of Exactech shoulder issue, you will want to speak with a lawyer about your legal rights. Treatment and recovery can be incredibly expensive, and implant failures and other issues can lead to additional financial and non-financial costs as well. If a shoulder replacement system defect is to blame, Exactech may be fully responsible for your costs now and in the future.

Exactech is known for manufacturing dangerous and defective medical devices. It has faced—and is continuing to face—lawsuits across the country. Patients and families are using the legal system to hold Exactech accountable while also making sure they have the financial resources they need to move on.

To find out if you have a claim against Exactech, your first step is to schedule a free, no-obligation consultation. At Searcy Denney, we are representing patients and families in Exactech shoulder replacement lawsuits nationwide. Our lawyers can provide a clear and thorough explanation of your legal rights, and if you have a claim, we can use our experience to fight for just compensation on your behalf.

Speak with a Lawyer About Filing an Exactech Shoulder Replacement Lawsuit

Are you entitled to financial compensation from Exactech? To find out, schedule a free, no-obligation consultation with a lawyer at Searcy Denney. We have extensive experience handling complex defective medical device cases, and we have recovered billions of dollars in financial compensation for patients and families across the country. Call 800-780-8607 or request an appointment online to get started today.

The post The Most Common Exactech Shoulder Issues and How to Identify Them appeared first on Searcy Law.

If you have been the victim of another’s negligence, you may be entitled to compensation. It is important to remember, however, that obtaining a settlement or a jury verdict will depend on your ability to prove that the other side was at fault. Proving the liability of a defendant will typically be dependent on the obtaining of evidence through a process known as discovery. It can also depend on the use of expert witnesses. This article will explore these subjects in depth. If you or a family member are in need of assistance, contact our office today to speak with an attorney.

Discovery Is a Vital Tool For Collecting Evidence in a Personal Injury Case

Discovery Provides Several Tools By Which a Plaintiff May Collect Evidence

Discovery is the process by which information is gained from the other side in litigation. This process provides several tools to a Plaintiff. The first of these tools, known as Interrogatories, allows for the Plaintiff to propound written questions upon a defendant or upon multiple defendants. The opposing parties must then answer the questions in writing. The second tool is a Request for Production. This can be used to require that the other side provide records, documents, or physical items. Third, subpoenas allow for a Plaintiff to obtain records, documents, or physical items from third-parties who are not otherwise involved in the litigation. Finally, depositions may be used to take sworn testimony in the presence of a court reporter. This testimony may be elicited from a defendant or from a third-party. The court reporter will produce a transcript of the testimony. This transcript can be used to point out inconsistencies in the event that a witness attempts to change their testimony at a later time.

The use of discovery is best explained by way of example. Suppose Joe Driver is driving through a four-way stop and their vehicle is struck by a semi-truck after the truck runs a stop sign. The truck driver claims that Joe is the one who ran the stop sign. Joe’s attorney uses discovery to obtain the truck driver’s phone records, which show that the driver was talking on their cell phone at the time of the accident. Furthermore, counsel obtains the employee policy manual from the truck driver’s employer, and the policy does not contain a prohibition against using cell phones while driving. This type of evidence helps to bolster Joe’s claim that a) the driver of the truck was negligent and b) the truck driver’s employer failed to adequately supervise the employee. While any case will depend on the specifics of the matter, this example demonstrates how discovery can be used to obtain valuable evidence.

It Can Be Difficult for Plaintiffs to Preval Without Conducting Discovery

Proving a contested case can be highly difficult without the proper conducting of discovery. Contrary to what is often displayed on television, in movies, and in other forms of media, trials are not won with “surprise” evidence which is only uncovered at the last minute. In reality, trials are won by presenting evidence that is methodically collected through the discovery process. Failing to properly conduct discovery, therefore, means that you may be without necessary evidence as your case proceeds to trial. This can result in you receiving less than the full amount of compensation that you deserve. Worse, it can result in you receiving no compensation at all.

Expert Witnesses Can Be Important to Proving Negligence in an Injury Case

Expert witnesses are often utilized to help establish liability in personal injury cases. In the context of car wrecks or trucking accidents, an accident reconstructionist may be retained to issue a report regarding their opinion as to who was at fault in the accident. In matters involving a slip and fall, expert witnesses are often required to offer testimony as to whether the premise’s operator was taking reasonable steps to keep the property safe. Also, in product liability cases, experts will typically be required in order to establish whether a product was defective as well as steps that could have been taken to prevent the defect. The type of expert needed, and the nature of their testimony, will always depend on the facts of a given case.

The defendant(s) will be given the opportunity to retain expert witnesses of their own. The amount of weight, if any, to be given to an expert’s testimony will be determined by the jury. The jurors may choose to find one expert more credible than the other. They may also choose to believe part of an expert’s testimony but not another. Finally, the jurors may find that the experts for neither side are credible. It will be important for your attorney to a) have a relationship with credible experts and b) have experience in cross-examining experts who will be presented by the defense.

Retain an Experienced Personal Injury Attorney for Cases Involving Disputed Liability

It is important to retain an experienced attorney if you are involved in a case where liability is disputed. Under Florida’s comparative fault laws, any liability on your part can result in you receiving a reduced amount of compensation. Moreover, if you are found to have been at least fifty-one percent responsible for the accident, you will be barred from recovery altogether. Experienced counsel will be familiar with the nuances of personal injury law. This can help with ensuring that all necessary evidence is gathered in your case and that you are not denied compensation that you otherwise deserve.

Contact Us To Speak With a Florida Personal Injury Attorney

If you or a loved one are in need of assistance, it is important that you retain representation as soon as possible. Our firm is devoted to protecting the rights of individuals who have been injured through no fault of their own. We will give your case the attention it deserves. Contact us online or by telephone at 800-780-8607 to speak with a Florida personal injury attorney.

The post How to Prove Negligence in a Personal Injury Case in Florida appeared first on Searcy Law.

Many personal injury cases do not involve situations where one party is entirely at fault. Many cases, instead, involve situations where both sides may bear some responsibility. This is why, like in many other states, a Florida injury victim may still recover damages even if they were partially to blame for an accident. Recent changes in our legal system, however, have made this more difficult. We are writing this article to discuss the concept of comparative fault and how these recent changes impact Plaintiffs. If you or a family member are in need of assistance, then contact our office today to speak with a lawyer.

Florida is a Modified Comparative Negligence State

The Concept of Comparative Fault

Comparative fault is a legal doctrine that allows the victim of an injury to recover damages even if they were partially at fault for the incident. The jury will decide the amount of fault, if any, to be assigned to the victim. The victim’s compensation will then be reduced by their share of the fault. So, for example, if a victim suffers $100,000 in damages and the jury determines that they were also 40% responsible for the accident, then the victim will recover $60,000 ($100k – 40%). Defense claims of comparative fault often arise in car accident cases, trucking accidents, premises liability cases, as well as other types of matters. Some states follow the concept of “pure comparative fault,” while others have adopted the standard of “modified comparative fault.” Florida switched from the former to the latter in 2023.

Florida’s Prior Standard of “Pure” Comparative Fault

Florida was a “pure” comparative fault state prior to 2023. Under this standard, a victim could recover damages regardless of the extent to which they were at fault for the accident. As an example, suppose that the driver of a car was hit by a semi-truck after the driver ran through a red light. While the truck had the right of way, the trucker was found to be speeding. The jury finds that the driver of the car was 90% responsible for the accident and that they suffered $1m in damages due to serious injuries. The victim would still be permitted to recover $100,000 ($1m – 90%). This legal framework was very friendly to Plaintiffs for obvious reasons. Florida was in the minority of states when it followed this system as most states have adopted the concept of “modified” comparative fault.

Florida Adopted the “Modified” Comparative Fault Standard in 2023

Governor Desantis signed HB 837 into law in the first half of 2023. This bill changed Florida law and our state now follows the concept of modified comparative fault. A victim may still recover damages even if they were partially liable for the accident. An individual will be barred from recovery, however, if they are found to have been fifty-one percent or more responsible for the accident. This means that under the example above where the driver of a car was found to be 90% responsible for the wreck, the driver of the car would receive nothing. This change in our state’s law makes it more difficult to receive compensation after an accident, and it makes the hiring of an experienced attorney more imperative.

While this change in the law clearly favors defendants, it should be noted that it is not as favorable to the defendants as the comparative fault laws in some other states. There are other jurisdictions in which a victim will be prohibited from recovering if they are found to be 50% responsible for the accident as opposed to Florida’s 50%. While this may not seem like a consequential difference, there are many situations in which a jury will simply divide liability fifty-fifty. If this were to occur, a victim could still recover damages in Florida while they would not be able to in many other jurisdictions.

The Change in Florida Law May Make the Defense Less Likely to Settle

A defendant will often attempt to claim that a victim was actually at fault for the accident. Under Florida’s prior legal framework, however, such arguments typically went to how much compensation a victim should receive. Given that our state’s new legal framework increases the chances of a victim receiving no compensation, a defendant now likely has greater incentive to not settle the case at all. This makes hiring an attorney who is willing and able to litigate your case all the more important.

It is Important to Hire an Experienced Personal Injury Attorney as Decisions Regarding Comparative Fault are Subjective

As mentioned above, the allocation of fault in a personal injury case is left to the jury. Given that jurors are human beings, each with their own opinions, it is common for different jurors to see facts in different ways and the allocation of fault can be highly subjective. This means that a set of facts may be presented to one jury who will then find that a defendant bears the responsibility of the fault. Another jury may look at the same set of facts and determine that the Plaintiff bears the responsibility of the fault. This means that your case must be presented to the jury in a way that directly addresses the issue and explains why the accident should be considered the fault of the other party.

Retaining a personal injury lawyer with trial experience is important to the handling of your case. Counsel with experience in such matters will be familiar with the process of presenting facts to the jury in a way that deals with arguments over comparative fault. Not all personal injury firms litigate a case from beginning to end. Furthermore, there are many attorneys who take personal injury cases, but such matters are not the focus of their practice. Retaining a lawyer who specifically focuses on such matters may help your case.

Contact Us To Speak With a Florida Personal Injury Attorney

If you or a loved one have been injured, it is imperative that you retain a lawyer to assist you. Our firm believes that everyone is entitled to the highest level of representation and our focus is on helping those who have been injured through no fault of their own. Contact us online or by telephone at 800-780-8607 to speak with a Florida personal injury attorney.

The post Understanding Florida’s Comparative Fault Law and How It Affects Personal Injury Claims appeared first on Searcy Law.

Car accidents can change one’s life in an instant. Auto wrecks can result in serious injuries that involve brain trauma, paralysis, and even wrongful death. Fortunately, Florida law allows the victims of an accident to receive compensation for their losses as well as their pain and suffering. Obtaining such compensation will require that you prove that the other party’s negligence is what caused the wreck. This article will explain the role that negligence plays in such situations.

Drivers Must Exercise Reasonable Care in Ensuring That They Follow the Rules of the Road

All drivers have a duty to take reasonable steps to ensure that they are obeying traffic laws and operating their vehicles in a way that does not endanger others. If a driver breaches this duty and someone is injured as a result, then the driver can face liability. The damages that a victim of negligence can recover include past and future medical expenses, past and future lost wages, as well as compensation for pain and suffering. The determination of who was at fault for the accident is made by a jury.

Several Forms of Negligence Can Lead to an Auto Accident

There are several ways in which a driver can breach their duty of care. Common examples of negligence that result in car accidents include the following.

Changing Lanes Without Signaling

Changing lanes without using a turn signal can result in another car being either run into or cut off. In extreme cases, the victim may find themselves pushed into other cars, pushed into barriers, or run off the road. 

Failures to Observe Traffic Signals and Signs

Running a stop sign or a red light can result in a car hitting another at high rates of speed. Also, racing through yellow signals, avoiding Yield signs, and otherwise avoiding mandates to slow down or stop often lead to one car hitting another from the side, which makes the passengers more susceptible to serious injury.

Driving at Excessive Speeds

When someone is driving in excess of the speed limit, they run the risk of losing control of their vehicle. This can result in them hitting another car and/or injuring their passengers.

Distracted Driving

Instances of individuals engaging in distracted driving have increased dramatically. This, obviously, includes speaking on one’s cell phone while operating a vehicle. It also includes taking photos, texting, checking social media, or watching videos while behind the wheel of a car. Other examples of distracted driving can include eating while behind the wheel, fiddling with the radio, and more. If a driver is paying attention to something other than the road, and injuries result, then the driver may face liability.

Operating a Vehicle with Faulty Equipment

All drivers must ensure that the vehicle they are driving is safe for the road. If one’s car is without functioning turn signals or headlights, they can face liability if their vehicle’s condition leads to an accident. While cars need not be kept in “like new” condition, they must not pose a safety risk to other drivers.

Proving Negligence in a Florida Car Accident Case

The establishment of negligence can be straightforward in instances where one driver is cited by law enforcement and there is clearly no dispute over who was to blame for an accident. There are many instances, however, where there may be an issue as to whether the victim was partially to blame or whether they were actually responsible for the wreck entirely. Establishing the other party’s liability in such cases requires evidence. This evidence can come in the form of witness statements, camera footage, information obtained through the discovery process, and testimony offered by experts. Retaining an attorney who is familiar with the process of conducting discovery, obtaining evidence, and dealing with experts can substantially impact your chances of receiving compensation.

Car Accident Victims May Recover Damages Even if Their Own Negligence Contributed to the Accident

Florida applies the doctrine of modified comparative negligence to personal injury cases. This doctrine allows the victim of an accident to receive compensation even if they were partially to blame for the wreck. Any compensation awarded to the victim will be reduced by the extent to which they were partially responsible for the accident. If a victim is found to have been more than 50% responsible for the wreck, then they will recover nothing. The determination of comparative fault is made by the jury in the event that the case goes to trial.

The foregoing concept is best explained by way of example. Suppose Joe Driver is turning left against a yellow light and he attempts to accelerate through the intersection to cross before oncoming traffic reaches him. He hits the car driven by David, who was looking at his phone while driving and not paying attention to the road. Joe is negligent for accelerating against a yellow signal and failing to yield to oncoming cars. If David had been paying attention to the road, however, he may have seen Joe and avoided the accident. David has suffered serious injuries and has $100,000 in damages. If the jury finds that Joe is seventy percent responsible for the accident, and David bears thirty percent responsibility, then David will recover $70,000 ($100k – 30%). It must be remembered that how a jury will rule in any given situation will depend on the facts of the case.

Contact Us To Speak With a Florida Car Accident Attorney

If you or a family member have been injured in an auto wreck, it is important that you contact a personal injury lawyer as soon as possible. It is also suggested that you retain counsel as opposed to attempting to deal with the insurance companies directly. Our firm is dedicated to protecting those who have been injured through no fault of their own, and we are proud of the level of service that we offer. Contact us online or by telephone at 800-780-8607 to speak with a Florida car accident attorney.

The post The Role of Negligence in Car Accident Cases in Florida appeared first on Searcy Law.