Articles Posted in Personal Injury

At Associates & Bruce L. Scheiner, Attorneys for the Injured, we understand that navigating the aftermath of an injury can be overwhelming. We want you to know that we offer our legal services on a contingency fee basis. This means that our payment is contingent upon the successful resolution of your case. If you don’t win, we don’t charge a fee—it’s that simple.

Our fee structure is tailored to serve your best interests. As personal injury attorneys in Florida, we follow the standard charging practice that ranges between 33 1/3% and 40% of the compensation we recover for you. This flexible scale ensures that our objectives align perfectly with yours, which is to obtain the maximum possible compensation for your injuries and losses.

We pride ourselves on transparency and adherence to the Florida Bar Rules of Professional Conduct. Our contingency fees are not only a common practice but a regulated one, ensuring fairness and integrity in the representation we provide.

On July 1, 2023, a new law went into effect in Florida that could have a significant impact on helmetless motorcyclists. HB837, also known as the “Comparative Fault” bill, changes how personal injury lawsuits are handled in the state.

Under the old law, Florida followed a system of pure comparative negligence. This meant that even if a plaintiff was partially at fault for their own injuries, they could still recover damages from the defendant, as long as the defendant was also at fault. The amount of damages that the plaintiff could recover would be reduced in proportion to their own negligence.

However, HB837 changes Florida to a modified comparative negligence system with a 51% bar. This means that if a plaintiff is found to be 51% or more at fault for their own injuries, they cannot recover any damages from the defendant, even if the defendant was also at fault.

In today’s bustling world, where vehicles are an integral part of our daily lives, accidents can happen in the blink of an eye. While we hope that everyone on the road is adequately insured, the reality is that not all motorists carry sufficient insurance coverage to protect themselves and others. That’s where Uninsured/Underinsured Motorist (UM/UIM) stacking coverage comes into play, and its importance cannot be overstated.

In the 50 years we’ve been in Southwest Florida, we have seen countless clients struggle with the aftermath of accidents involving uninsured or underinsured motorists. In this blog post, we aim to shed light on the significance of UM/UIM stacking coverage and why every responsible driver should consider adding it to their auto insurance policy.

Understanding Uninsured/Underinsured Motorist Coverage

Florida is second only to Hawaii when it comes to scuba diving.


The death of a well-known 36-year-old tech CEO in a diving accident along Hollywood Beach this month highlights the risk as Florida’s winter diving season gets underway.  Earlier this year the former owners of a scuba dive charter in Key Largo pleaded guilty in a case that went on for 10 years after their boat was found to be in such poor condition that it sank, claiming the life of a diver. DAN, Divers Alert Network America, reports the number of diving deaths has been on the rise, with 169 recreational scuba deaths reported in 2016, the last year for which statistics are available.

From freshwater caves in North Florida, where visibility is 100 feet or more, to wreck diving in the Florida Keys, to drift dives along the East Coast, Florida draws divers from all over the world to enjoy our warm clear waters, coral reefs, and abundant sea life, including Goliath Grouper, Stingrays, Sharks and Sailfish.  The state’s 2.6 million active divers account for nearly half the world’s 6 million divers.

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Anyone who has been in a car accident knows just how frightening the experience can be. When the peaceful thrum of the road is suddenly replaced by a violent jolt, squealing tires, and twisted metal, anyone who walks away unscathed is apt to feel relieved—and rightly so. Many collisions in Florida result in serious injuries that force the victim into immediate and long-term medical care, often at very high cost. Once the smoke has cleared, therefore, one of the first decisions to make is which doctor to trust for your necessary treatment. medical malpractice

Confidence in your medical providers is always important, but in the aftermath of a jarring wreck, feeling comfortable and safe with your doctor is a prerequisite for proper recovery. Since most general medical providers don’t treat crash victims, it’s important that you understand the capabilities of your primary care physician and their policy regarding accident-related injuries. To receive optimal and timely care, you may have to seek out practitioners who specialize in treating your specific array of symptoms. If this is the case, due diligence is key: Verified online reviews, primary care referrals, and recommendations from friends and experts can augment your research into which practices are best suited for your needs.  

Keep in mind that you should get treatment for your injuries even if they feel insignificant at the time of the crash. The body’s shock response to trauma can leave you numb to acute pain at the scene, and many symptoms from common accident injuries—particularly those involving soft tissues like muscles, tendons, and ligaments—can take days to fully manifest. This means you may “feel fine” right after a collision and opt against seeking the medical attention you actually require.  

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We are always surprised by the number of accident victims who do not know there way around a standard automobile insurance policy. While our Fort Myers injury lawyers have spilled a lot of ink on these pages discussing the critical need for uninsured/underinsured motorist coverage, we thought it would be worthwhile to take a tour of your entire policy.hospitalbills-300x225

We encourage you to review your policy with each renewal period to make sure it is up to date and capable of meeting your needs in the event of a collision. With each renewal, you will receive a “Declaration Page,” which will state all of your coverage basics, including insured drivers, insured vehicles and selected coverages.

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Parasailing and personal watercraft rentals are in the news after the developers of the Margaritaville resort asked Fort Myers Beach officials to expand the number of available licenses. hospital-300x225

Opposition is coming from current operators of parasailing and personal watercraft rentals on the beach, citing increased competition and the potential for more safety issues. The town has limited the number of operators since 1995, following restrictions enacted by Lee County in the wake of a number of safety issues. Current operators are pushing to force the resort developers to purchase licenses from an existing operator, which the resort said would cost more than some real estate on the beach and would be cost prohibitive. One estimate put the cost of a license at more than $1 million.

The referenced Lee County Ordinances and Fort Myers Beach ordinances primarily aim to restrict areas in which rental craft and other personal watercraft can be operated along the shoreline, and to ensure such businesses are properly registered so that the county can collect business taxes. Ordinances also require both personal watercraft and parasailing businesses to carry liability insurance, although there is no mechanism in place to ensure compliance. Continue reading ›

As we head into the summer months in Southwest Florida, safety advocates are reminding employees, parents and residents about the risks of heat stroke. cyclistsunset-300x199

While the Occupational Safety and Health Administration has recently issued an alert aimed at employees and employers, the most recent high-profile examples of the risks in Southwest Florida involve local athletes, several of whom have suffered serious or fatal injuries resulting from working out during Florida’s brutal summer months.

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A record number of people are descending upon Southwest Florida this month, as the winter tourist season reaches high tide.

Sarasota Magazine reports COVID has done nothing to stop people from across the country and around the world from visiting Florida. Overall in 2021, Florida had nearly 118 million domestic visitors, the highest number in state history. Of that 118 million, 1.5 million were overseas travelers—an increase of 43 percent compared to the third quarter of 2021.beach-300x226

Last month, the Governor’s Office reports visitors continue to surpass pre-pandemic levels.

“While tourism in other states is only just beginning to recover, Florida is at the front of the pack — now we are surpassing pre-pandemic levels and setting new visitation records,” Gov. Ron DeSantis said.

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Fort Myers police are investigating a weekend shooting at a local apartment building.

The incident occurred in the 2800-block of Grand Avenue in Fort Myers. A 22-year-old man is charged with aggravated battery, according to FOX 4 News. All parties have been accounted for and authorities say there is no threat to the public. gun-300x225

A  victim did suffer non-life-threatening injuries. FMPD is calling this an active investigation. Our injury lawyers in Fort Myers and Cape Coral know that firearm incidents are an unfortunately common occurrence. In addition to seeing the offender arrested and punished, victims may have the right to collect compensation through civil court.

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