The National Trial Lawyers is a professional organization of premier American trial lawyers who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides recognition to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the country.

During Joseph Lipsky’s first year as a Top 100 Civil Plaintiff Trial Lawyer, Mr. Lipsky has shown that he has continuously exemplified superior qualifications, leadership skills, and trial results as an admirable trial lawyer. The National Trial Lawyers: Top 100 would like to thank Mr. Lipsky for their continued and valued membership during such thriving times for this exclusive organization. The National Trial Lawyers anticipates exceptional growth for Mr. Lipsky as an outstanding trial lawyer and well-respected member of The National Trial Lawyers: Top 100.

One of the first things insurance companies and their attorneys do when an accident victim files a claim for personal injuries is investigate that person’s past for any other accidents and/or injuries. Thereafter, when an injured accident victim fails to disclose any such prior injuries and accidents, especially in a deposition or in answers to interrogatories, the insurance company’s attorney will seek to present evidence to the presiding judge about those prior accident and injuries, for purposes of having the judge will dismiss the case.

Recently the Third District Court of Appeals, which presides over Miami-Dade and Monroe County, took such action when it dismissed a personal injury case against Home Depot. In that case, the injured plaintiff did not disclose a prior accident in which she received medical care. The plaintiff also failed to disclose a prior hospital visit in which she complained of pain in her back, which was one of the injuries she was suing Home Depot for causing. Once Home Depot presented evidence to the trial judge that the accident victim provided false and misleading deposition testimony, in not revealing the prior accident and medical care, the judge dismissed the personal injury case.

In addition to disclosing prior accidents and injuries to their own attorney, it is now equally important for accident victims to let the doctors who are treating them for accident related injuries know about those “priors.” If the so-called treating doctors are not aware of prior accidents or injuries, they will have a difficult time later testify that the current accident was the cause of the injuries which are part of the personal injury claim. Many accident victims mistakenly believe that telling a doctor about a prior accident or injury will lessen the value of their current case; in fact, the opposite is actually true. When a treating doctor knows about a prior accident or injury they are able to make a proper differential diagnosis about a current injury; meaning, they are able to knowingly rule out prior accidents or injuries as a cause of current complaints. When current treating doctors are not told about a prior accident or injury and are later questioned about them in a deposition, that doctor will be placed in a difficult position of trying to explain how an accident or injury they did not know about, does not play a role in the patient’s current complaints. This means, both the accident victim and the treating doctor’s credibility will be brought into question.

Fort Lauderdale personal injury attorney Joseph Lipsky hopes those unfortunately injured in accidents remember the importance of disclosure. As the old saying goes, “tell me now or else I’m going to find out about it anyway.”

A recent study by the Pediatric Academic Society found that the number of children who have received care at hospital emergency rooms due to fireworks related injuries increased by almost fifty percent of the past three years. Almost half of fireworks related emergency room visits were by children under the age of 15, with nearly a third of those youngsters being bystanders, who thought they were safe.

The researchers believe that the lack of regulations over the sale of fireworks, particularly those which most people believe are illegal in Florida, is a direct cause of the increase in firework related personal injuries. Until such time as cities, counties and the State enact appropriate regulations to protect unknowing consumers, personal injury attorney Joseph Lipsky reminds parents to take the following precautions:

• Only buy legal fireworks, and then keep them in a cool dry place
• Keep spectators at a safe distance from the fireworks being lit
• Do not allow children to play with fireworks, even “harmless” ones as they too can misfire (sparklers are dangerous too-they burn at over 2,000 degrees)
• Keep a hose or bucket of water near and soak all fireworks before throwing them away
• Do not hold fireworks in your hand for any reason
• Light one firework at a time, and move away from it quickly
• Do not try to relight a firework which malfunctions

With some common sense, everyone can enjoy the summer’s holidays in a safe and injury free atmosphere.

While injuries from other gifts, including pretend guns, are also on the rise, injuries caused by falls from these scooters are the most often cited cause of injury. In fact, the number of emergency room visits due to such child toy injuries is almost 200,000 annually. The Consumer Product Safety Commission’s annual report demonstrated that there were over fifty two thousand personal injuries, and sadly one wrongful death, due to scooter related accidents last year.

Due to the steady rise in toy related accidents, especially fractured wrists, there is a renewed push to remind parents and children that wearing a helmet and using wrist guards while riding on a scooter or skateboard should be a requirement. Considering there were more than a quarter million bicycle accident related injuries, helmet use while riding should also be mandatory for children. Also, parents should resist the urge to buy age inappropriate gifts for their children. While we want to see our kids have fun, it is important to make sure that they are both physically and mentally ready for the types of dangerous situations which may arise while using kick scooters.

Personal injury attorney Joseph Lipsky wishes his fellow Floridians and their children a safe holiday season and urges everyone to make sure helmet use is mandatory.

The act of slipping generally happens when your shoe’s heel slides on a walking surface causing you to lose your balance. Slips usually occur as your heel hits the floor, and your weight is on that foot. Most often, slips happen because there is insufficient traction between your shoe and the floor. The most frequent cause of slips result from hazardous weather, foreign substances such as water or oil on the floor, poorly maintained or inappropriate flooring and improper footwear.

It is not unusual particularly in Miami, to find buildings which use indoor tile on outdoor surfaces. Given our humid weather and frequent rains, the use of such indoor flooring materials frequently result in unsafe friction, meaning unreasonably slippery walking areas. Despite the availability of slip prevention additives which are easily applied to such walking surfaces, businesses often fail to apply these friction adders and cause their customers to slip and fall. As businesses have an obligation to provide safe means for customers to enter and exit their property, the use of such inappropriate flooring is negligent, and may result in liability.

Businesses have had the Florida Legislature pass many recent laws which place a large hurdle in front of personal injury slip and fall accident victims, to wit: proving the business owner or operator either knew or should have known of the dangerous condition which caused their fall. This burden rests solely upon the injured victim; the business does not have to prove anything. This is the precise reason why consulting with an experienced Miami slip and fall lawyer shortly after a fall is critically important; as an immediate investigation into the cause of the fall, and preservation of photographs or surveillance videos of a fall area must be pursued. Incredibly, Florida Courts have recently held that businesses do not have an obligation to preserve accident videos, that is, unless they receive a written request for such preservation shortly after an accident.

This is the precise reason why it is imperative that all accident victims contact an experienced Fort Lauderdale personal injury attorney shortly after their accident.

The Journal of Pediatrics recently determined that over 12,000 children were treated at emergency rooms over the past year for injuries caused by falling televisions. This represented an increase of more than 125% for such injuries over the past decade. Incredibly, studies show that a child is killed in the United States from an improperly secured television at least every month.

With the increasing prevalence of flat screened televisions, more families are placing older model large televisions onto furniture not intended to hold such televisions, such as a desk or dresser. As any parent knows, young children can easily open drawers and climb them to reach a newly placed television, causing it to tumble upon them.

As expected, the study found that children under 5 were the victims of such accidents almost two thirds of the time. Also not surprisingly, the most commonly treated injuries were to the head and neck. As a parent, Miami personal injury attorney Joseph Lipsky hopes that television manufacturers and retailers undertake a campaign to promote greater public awareness of this problem.

The new law imposes a $30 fine for first time offenders, rising to $60 for a second offense, and assessing points against a license for multiple offenses within a five-year period.

As a Miami personal injury lawyer, Joseph Lipsky has sadly seen too many clients who’ve suffered injuries in car accidents caused by a texting or distracted motorist. While the media has spent a great deal of time bringing the dangers of texting behind the wheel to the public’s attention, there are many other activities that can cause a driver to take his eyes and mind off the road.The other distracted driving activities include:

• Eating and drinking
• Adjusting your iPod or GPS device
• Talking or arguing with your passengers
• Lighting and smoking a cigarette
• Applying makeup or shaving
• Gawking at a roadside accident

All of these behaviors can result in serious injury and death. A few seconds of inattention can cause a lifetime of injury. Now that Florida’s legislature has passed a ban on texting while driving, that law and being a cautious driver, you can help avoid these kinds of car accidents.

If you or a loved one has been injured in a distracted driving accident, please call 1-888-FLA-LAW8 or contact the Law Offices of Joseph I. Lipsky, PA today for your free, no-obligation consultation with an experienced Miami car accident lawyer. We have convenient office locations in Fort Lauderdale, Miami, West Palm Beach, Key Largo and Delray Beach, Florida.

Our personal injury lawyers have more than 20 years of experience helping seriously injured victims of accidents caused by someone else’s negligence or carelessness involving:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical malpractice
• Construction accidents
• Premises liability
• Product liability
• Slip and fall accidents
• Wrongful death

Many people don’t even know they have a personal injury claim. Their case doesn’t sound like something they’ve heard of before, so they don’t speak to a Fort Lauderdale personal injury lawyer. But this is a mistake. Be assured, the insurance company for the person who caused an accident begins gathering evidence immediately after an accident, so should you.

When you speak to us about your case, your initial consultation is free and comes with no strings. We’ll evaluate your claim and determine if your case qualifies as a personal injury tort. As business and insurance industries continually lobby the Florida Legislature to pass laws which protect them, and place limits on the rights of accident victims, it is important to speak with a personal injury attorney who is up to date on the evolving and ever changing laws.

This year alone, the Florida Legislature is attempting to place strict limits upon expert testimony to prevent injured Plaintiffs from proving the causes accidents, moving away from the Frye Test to the Daubert standard. There are also pending bills to provide insurance companies with greater opportunities to delay paying legitimate claims, and to limit the amount of an injured person’s medical bills the person or business who causes an accident are responsible for.

Even if your case doesn’t seem to fall into one of the above categories, there is no harm in speaking to our personal injury lawyers. It costs nothing and might gain you the justice and compensation you deserve.

If you’re a resident of Fort Lauderdale, Miami, the Palm Beaches or the Florida Keys, or were injured while visiting South Florida, and are looking for a skilled personal injury lawyer, please contact The Law Offices of Joseph I. Lipsky, PA today for a free, no-obligation initial consultation.

The relevant time limits for personal injury claims in Flordia are:

• Negligence claims: Four years (these are general personal injury cases and include car accidents, slip and falls, premises liability claims and related cases)
• Medical malpractice: Two years
• Wrongful death: Two years

In some cases, but not all, there are certain exceptions and complications to the statute of limitations. Inmedical malpractice claims, the clock starts from the day of the actual malpractice occurs or from the time the injured patient knew or should have known that they were the victim of a medial malpractice; but no event may the statute of limitations be extended beyond four years from the date of the actual malpracitce, unless a child is involved.

These complexities are part of the reason you need an experienced personal injury lawyer. We know Florida personal injury law,as it is the only type of law we practice, and we’ll be able to tell you how much time you have for your specific claim.

You shouldn’t wait until the last minute to pursue your claim. Speak to our personal injury lawyers shortly after you’re injured so you know how to best protect your rights.

If you’re a Florida resident, or were a visitor who was injured in Florida, looking for a skilled personal injury lawyer,please contact The Law Offices of Joseph I. Lipsky, PA today for a free, no-obligation initial consultation.

This repayment requirement is based upon the legal principle of subrogation. Essentially, this means that the health insurance company stands in the shoes of the accident victim. Most states have specific laws which protect the rights of the health insurance companies and Medicaid; Medicare is protected under Federal Law. When we are able to settle an accident victim’s case, we attempt to reduce the amount being sought as repayment by these payers. And, while Florida Law requires private health insurance companies to take various factors into consideration in reducing their subrogation interest, including the attorney’s fees and the injured person’s comparative negligence, state laws protect Medicaid from such equitable reductions.

Now, thanks to a recent ruling from the United States Supreme Court, Medicaid will have to take these factors into consideration in reducing their subrogation claims. In Wos vs. Ema, the Supreme Court held that Federal anti-lien laws prohibit states from enacting their own laws which fail to take determine what portion of an accident victim’s recovery was for the medical bills, versus their lost wages or pain and suffering.

We are hopeful that this “law of the land” will assist us in helping our client’s maximize their net recoveries, by repaying less of their case compensation to Medicaid. Although, given Florida Medicaid’s prior stance on such negotiations, we anticipate needing the presiding judge in each case to Order Medicaid that they must follow the law, just like everyone else.

As personal injury attorneys representing victims of accidents in the Palm Beaches, Ft. Lauderdale and Miami, we know too well that the leading cause of wrongful deaths of people age one to 40 years are accidental injuries. Yet amazingly many states, including Florida, refuse to pass common sense laws which would prevent injuries, save lives and lower overall health care costs.

While Florida does have mandatory seat-belt laws, which are proven to prevent about 12,000 annual car accident wrongful deaths; our legislature passed a law allowing motorcycle riders not to wear a helmet. Considering that helmets prevent approximately 1,5000 lives annually, and given the state’s obligation to pay the enormous medical bills incurred by those who sustain brain injuries from head trauma, such lack of legislative action is certainly reckless .

Not all blame falls upon the state, as national injury prevention funding has decreased almost twenty five percent over the last five years. We can only hope that the Florida Legislature will have the fortitude to disregard lobbyists and take aggressive action to pass and enforce needed safety laws.

Although the number of wrongful deaths caused by drunk drivers has dropped from an annual high of over 18,000 in the late 80s, to just over 10,000 in the past year, the needed decrease has plateaued over the past 8 years.

Proposed solutions include ignition locks which stop an impaired driver from starting a vehicle, and increased enforcement of drunk driving laws.

We commend the NTSB for their proactive attempts to reduce the deadly consequences of drunk driving.

For too long, those who suffered severe and life altering injuries as a result of the negligence of sovereign employees, such as police officers and bus drivers who cause many car accidents due to careless driving, and doctors who commit malpractice at State funded hospitals, were limited in their recovery to the wholly inadequate sum of $100,000.00. Any additional damages required the legislature to pass a “claims bill,” a process which places an undue burden, with little chance of success, upon the injured victim.

These new damage limits, assuming the Governor signs the bill into law, will go into effect for accidents occurring after October 2011. While these damage limits remain too low to adequate compensate those victims whose lives are turned upside down when a government employee carelessly disregards their obligations, at least the accident victims have an opportunity to receive some more compensation.

The Florida Supreme Court said there is injustice when a parent agrees to waive the personal injury claims of a minor child, depriving the child of the right to damages when they are injured as a result of another party’s negligence. The Court reasoned that when a parent executes such a release and a child is injured, the operator of the activity escapes liability while the parent, and on many occasions, the State, is left to deal with the financial burden of an injured child. Therefore, when a parent signs a pre-personal injury or accident release on behalf of their minor child, the parent is not protecting the welfare of the child, but is instead protecting the interests of the activity provider.

We can only hope that this ruling will finally force operators of businesses which cater to minors to take the necessary precautions to protect their young patrons.