Pharmaceutical Liability
If you turn on your television set, more often than not, you will see a commercial advertising a particular drug for a particular ailment, and asking you to talk to your doctor about obtaining that particular medication. At the end of the commercial the advertiser mentions a long list of possible side effects which can leave the average viewer to wonder if the benefits of the drug outweigh the potential risk.
In recent years, many pharmaceutical companies have placed drugs on the market that have caused serious injury and even death.
Pharmaceutical companies often rush drugs to market without adequate testing, or with tests results that are misrepresented. Many people are left to wonder what long-term side effects a particular medication can have. Often this results in a particular drug being recalled, after long-term use by a patient. Examples include:
Fen-Phen: Pulled off the market in 1997 when a report showed that as many as 30% of tested fen-phen users showed some heart valve damage.
Vioxx: Worldwide recalled after a clinical trial confirmed prior studied linking Vioxx to sercious cardiovascular problems, including heart attach and stroke.
Bextra: Recalled for risks including serious skin reactions and cardiovascular risks.
While the dangers associated with drugs like Fen-Phen, Vioxx or Bextra are now well documented as a result of lawsuits against the pharmaceutical manufactures, the health risks associated with other medications are only now being established. For example, Paxil has been linked with birth defects, Yaz and Yasmin, an oral contraceptive, was recently accused by the Federal Drug Administration (FDA) of misleading consumers by overstating benefits and failing to properly warn users about extreme side effects.
Pharmaceutical companies have the responsibility of creating a safe product. The pharmaceutical companies are respsonsible for exercising due diligence in its duty of care and safety for the consumer. Failure to do so often times result in devastating injuries and death.
The Law Offices of Barbara G. Banks, is dedicated to fight the pharmaceutical companies when they compromise their duty to the consumer and as a result inflict injury and death.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks, P.A. is a South Florida based attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
Swimming Pool Accidents
Swimming pool accidents and drowning accidents are a common occurrence in South Florida because of the weather and numerous homes built with swimming pools. The most common causes of swimming pool accidents are: the lack of supervision, failure to properly maintain swimming pools, to provide ladders and safety handrails, to utilize pool fence enclosures, motion sensors and latches on gates.
Unsupervised use of swimming pools can often lead to accidental drownings and death. Swimming pool accidents can often cause head, neck and spinal cord injuries. Swimming pool accidents are the second leading cause of death for children younger than 14. In Florida.. the number one cause of death in children aged 5 and younger is drowning. One of the laws in place to protect the public when they use swimming pools, whether at a private home, clubhouse, hotel or public park.is the Virginia Graeme Baker Pool and Spa Safety Act. This federal law was founded to protect children and adults from being trapped by the suction of pool drainage and filtration systems. The law requires all public pools in the United States to put covers on pool filtration drains to prevent children from being sucked to the bottom of the pool and being trapped.
In South Florida, all pools owners are required to make repairs and improvements to cover drains and to be in compliance with Federal law.
The Law Offices of Barbara G. Banks, P.A. can determine from the details of the accident, whether there is liability on the homeowner or property owner and whether the case has merit to be compensable.
If you know someone that was injured or has lost a loved one in a private or public swimming pool accident, please call the Law Offices of Barbara G. Banks to find out what your rights are. A Florida premises liability attorney can hold the landowner or homeowner accountable, if negligence can be proven and the damage or injuries were preventable the Fort Lauderdale, Palm Beach, and Miami, the attorneys at The Law Offices of Barbara G. Banks, are experienced and are extremely knowledgeable with respect to premises liability cases, which include swimming pool accidents.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks, P.A. is a South Florida based attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
DUI – Drunk Driving – Drugs
In the United States, driving while intoxicated accounts for about 40% of the reported traffic accidents; someone dies every 30 minutes in an alcohol-related car crash; and someone else is injured every two minutes. Drunk driving can lead to both criminal charges and a civil lawsuit. Additionally, the business that sold alcohol to the drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This, however, does not take any responsibility from the driver who drove his car while intoxicated. Almost half of the traffic accident fatalities in Florida are speeding related, and most of those are also alcohol-related. Certainly, these numbers most likely overlap each other, since driving while intoxicated impairs judgment, and in most crashes caused by alcohol, speeding was also a factor. If you have been in a car accident involving alcohol or drug use by the other driver let us explain your legal options.
Alcohol and speeding are also common causes of motorcycle, boating and trucking accidents as well. The careless operation of these potentially dangerous motor vehicles is a likely cause of the amount of serious injuries and fatalities in these types of accidents, including road burns, brain, and spinal cord injuries. Motorcycles are commonly “unseen†to many of the motorists that have some sort of collision with them, sometimes because of the speeds at which the rider is traveling or just a lack of defensive driving and being aware of the other drivers and riders around him. High rates of speed also make it much more difficult to control a vehicle during adverse weather conditions or an unexpected equipment failure, like a flat tire.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks, P.A. is a South Florida based attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
Pedestrian Accidents
Imagine that you and your family are walking around your neighborhood, en route to shopping, or dinning out, or your children are walking to school, when all of a sudden, a car comes out of nowhere and forever changes your life. As difficult as it may be to imagine, the reality is that, in Florida, hundreds of pedestrians are killed or injured each year when struck by a motor vehicle.
In 2008, the National Highway Traffic Safety Administration (NHTSA) reported 490 pedestrians killed in Florida and reported that out of the ten (10) most dangerous cities for pedestrians, five of those cities are located in Florida.
Most pedestrian accidents are the result of negligent and reckless drivers who are speeding, distracted, under the influence of alcohol or drugs, or violating traffic laws, failing to yield to pedestrians.
The Law Offices of Barbara G. Banks, is dedicated to helping victims of pedestrian accidents and their families. We understand the unimaginable hardships of dealing with the physical and emotional pain associated with devastating injuries, loss of income, mounting medical bills, and the tragedy of loosing a loved one. Our goal is to vigorously fight for your right to be compensated for the damages you have suffered as the result of someone else’s negligence.
Truck Accidents
You are driving down I-95, when all of a sudden, an 18 wheeler appears in your rear view mirror, rumbling like a freight train. For a few seconds, as the truck passes by you begin to feel overwhelmingly anxious. It’s a common feeling, as most drivers understand the catastrophic damages a truck that size can impose on another vehicle if involved in an accident.
Large trucks can easily weigh 10,000 lbs. and can be in the form a of a single unit truck, like a delivery truck, or be a tractor trailor which has a cab and an attached trailer, like an 18 wheeler. Due to their sheer size and weight, these trucks can crush smaller vehicles, and motorcycles upon impact with devastating results.
Truck accidents can result from driver error, inadequate training, fatigue, inexperience, lack of sleep, speeding, drug and alcohol use, mechanical error, equipment malfunction, faulty truck parts, defective tires, traffic congestion, and bad weather.
It is important to determine the actual cause or causes of the truck accident, and to evaluate all of the evidence, including compliance with State and Federal safety regulations. The Law Offices of Barbara G. Banks has a successful history in representing victims as a result of a truck accident.
Boat Accidents
With hundreds of miles of coastline and waterways, Florida is a year-round boater’s paradise. Unfortunately, boating and watercraft accidents are an ongoing reality. Florida’s beaches, lakes and waterways are crowded with boats, boards, jet skis and other personal watercrafts. With no certification required to operate these water crafts, anyone can operate a boat or other watercraft. For the sake of comparison, imagine our highways if there were no driver’s license or vision exams, no speed limits, no directional arrows, and no lane markings.
That, unfortunately, is roughly how unsafe the beaches, lakes and waterways can be if/and when you have: an inexperienced operator, a cooler full of beer, a high-powered boat, a razor sharp propeller, open water, a skier or wake boarder in back, and 1,000 other boaters with similar distractions!!
Barbara G. Banks, P.A. represents clients throughout Florida who have suffered personal injuries or wrongful death in accidents and collisions involving motor boats, jet skis, personal watercraft, water skis, wake boards, etc. These sometimes tragic incidents can happen on the water, beach, dock or even inside the boats. In 2007, there were a total of 5,223 boating accidents nationwide, including 688 fatalities and 3,686 injuries. Property damage hit a new record value of $53,288,858 in 2007. The most reported type of accident was a collision with another vessel. Carelessness, reckless operation, operator inattention, operator inexperience, driving while under the influence and excessive speed were the leading causes of all reported accidents.
Barbara G. Banks of The Law Offices of Barbara G. Banks, P.A. is a Coral Springs, Florida based attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
If you have been injured or have lost a loved one in a boating/watercraft accident, contact The Law Offices of Barbara G. Banks. Our office is prepared to serve victims of boating and watercraft accidents throughout Florida, including: Delray Beach, Vero Beach, Fort Lauderdale, Miami, Boca Raton, Coral Springs, Hollywood, Pompano, Deerfield Beach and Lantana Beach.
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The information on this Barbara G. Banks, P.A. Personal Injury Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Slip & Fall Injuries
Slip and fall accidents can occur anywhere and at anytime. The accident victims, men, women and children are protected by premises liability laws.
Some of these accidents can happen at shopping centers, restaurants, and South Florida’s big box stores, such as Wal-Mart, Lowes, Home Depot and many others.
The Law Offices of Barbara G. Banks P.A. has aggressively represented many clients against all of the above-mentioned defendants. Some other defendants that we have represented clients against include, Walgreens, Publix, Winn Dixie, Target, Houstons, CVS, Walt Disney World, Alamo Rental, Albertsons and Coral Springs Medical Center, Bova, Bahama Breeze, Brandsmart, Shell Gas, and Chevron Gas. The list goes on, and in all these cases we were successful and all the clients were grateful that we were on their side.
Our firm successfully represented a client who had a slip and fall outside of Target and crushed her shoulder as a result. As a result of Target’s negligence, we obtained a jury verdict in the amount of $517,450.00. For more information regarding other case results, see our cases.
Slip and fall accidents can occur anywhere, in the home, someone else’s home, on the street, and even on Tri-Rail or Amtrak. We successfully represented a client who had neck and back soft tissue injuries as a result of a fall on an empty bottle of Zephyrhills bottle of water. We settled the case in excess of $30,000.00.
The Law Offices of Barbara G. Banks, P.A. has handled thousands of slip and fall accidents or trip and fall cases. We know exactly what to look for in assessing a slip and fall case and we have a team of investigators that work with us.
It is the responsibility of the private property owner(s) to maintain their area clean and free of debris. Furthermore, the same safety standards apply to publicly owned property. Should you have a trip and fall or a slip and fall and incur injuries call the Law Offices of Barbara G. Banks,immediately.
Do not let the feeling of embarrassment distract you from focusing on your injuries and surroundings. Whether you are alone or with someone else, it is important to remain calm and give yourself a moment to assess the area and your injuries.
Whether or not you are capable of moving after the fall, it is important to seek immediate medical attention by requesting that Emergency Medical Services (EMS) be called to the scene. Not only will EMS personnel evaluate your injuries, but they will also document the incident. Should you sustain any injuries, and refuse EMS transportation, it is vital that you seek immediate medical attention either at the hospital or with your private physician.
Furthermore, if you are capable of using your cell phone camera, or other camera to photograph the area, please do so. Try to identify the substance(s), object(s), or condition(s) that caused you to slip/trip and fall. If the incident happens at a store or common area, notice if after the fall there is a clean up of the area. It is important that you obtain the names of anyone who witnessed the fall, and/or the condition(s), of the area where you fell. In addition, if possible, ask to speak to a manager or other representative from the establishment to report the accident and to fill out an incident report. Under no circumstances should you sign any incident report without first reading it, and receiving a copy of it. Never sign a blank incident report. In addition, please hold on to any wet or torn garments, as well as, the shoes worn during the accident, and preserve them in their current condition. Most importantly, seek legal representation so that your legal rights will be protected, and your case evaluated, properly.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks, P.A. is a Coral Springs, Florida based attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
Automobile Accidents
Car accidents occur for many reasons: driver error, negligence, manufacturing defects and dangerous weather conditions. No matter what the specific cause or result of the car accident, speaking with an experienced personal injury lawyer can help you sort out your legal rights, your options and your future.
Millions of American are injured or killed in motor vehicle accidents every year. In 2007 alone, 3217 Floridians died, and many thousand more injured in automobile accidents, as a result of another driver’s negligence. Driver negligence is more common than you might realize. All it takes is a distraction in that split second before an accident occurs. The distraction may be caused by rubbernecking, changing a CD or radio station, looking for road signs, interacting with other passengers, using a cell phone, or tending to children. Sometimes, these distractions do not give the driver the proper time to react quickly enough to changing traffic conditions or to avoid hitting another vehicle, pedestrian, object or animal on the road. In addition, speeding, and driving while under the influence are other common causes of accidents.
After an accident, there will be many things going through your mind. Your initial reaction may be that of shock and/or anger, but try to keep your cool and remember the following:
STOP – Do not leave the scene of an accident
CALL FOR HELP – Call 911 or the local police department. Also, call a friend or family member to inform them that you’ve been in an accident and provide them with information as to where you are, and if you are going to be transported to a medical facility. When the police arrive, be sure to provide them with an accurate description of what happened.
GATHER INFORMATION – If you are physically able to, obtain the telephone number, address and insurance information of the other driver(s)involved in the accident. Also, get the names, addresses and telephone numbers of any witnesses to the accident.
TAKE PHOTOGRAPHS – Today, everyone carries a cell phone which can take photographs. Again, if you are physically able to, take photographs of your vehicle, and of the other vehicle(s) involved in the accident. If possible take photographs of the scene of the accident.
SEEK MEDICAL ATTENTION - Paramedics can help determine your initial injuries. However, you should seek medical attention regardless, as you may have injuries that may not be aware of.
REPORT THE ACCIDENT - Contact you automobile insurance company as soon as possible to inform them of the accident. Automobile insurance policies require that accidents be reported within a reasonable amount of time.
Car Accident Injuries and Compensation
Barbara G. Banks, P.A. helps drivers and passengers recover money damages for their injuries from the party of parties responsible for the accident. Such injuries may include:
Head Injuries and Traumatic Brain Injury (TBI)
Broken Bones
Spinal Cord Injuries
Joint, Back and Neck Injuries
Knee Injuries
Shoulder Injuries
Paralysis
Burns
Disfigurement
Scarring
Wrongful Death
Mental and Emotional Suffering
Damages may also be sought to pay for the victim’s medical bills arising as a result of the car accident, in addition to reasonable future medical bills. If the victim requires rehabilitative services or accommodations, such as physical therapy or a ramp leading to the home, these costs may become part of the damage claim. The car accident victim also may recover lost wages. Compensation for damage to personal property may also be recoverable.
If you have been injured in a car or other type of motor vehicle accident, it is a good idea to keep a daily diary documenting how the injury is affecting you, both emotionally and physically. This can be of great assistance when it comes time to show the effects of the accident.
The Law Office of Barbara G. Banks will assist and guide you through the maze of critical decisions to be made and will handle all matters concerning the insurance companies. We handle everything so you can focus on recovering from your injuries. Our strategic legal team will address every aspect of your case, including your property damage, possible loss of income, compensation for your medical expenses, and provide you with maximum results for your injuries, and for your pain and suffering.
If you have been injured or have lost a loved one in an automobile accident, contact the Law Offices of Barbara G. Banks. Our office serves victims of car accidents throughout Florida including, Coral Springs, Margate, Tamarac, Deerfield Beach, Boca Raton, Delray Beach, West Palm Beach, Pembroke Pines, Fort Lauderdale, Miramar, Sunrise, Hollywood, and Plantation.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS
WE WANT TO HELP YOU. PUT OUR EXPERIENCE AND KNOWLEDGE TO WORK FOR YOU!
YOUR EMERGENCY BECOMES OUR PRIORITY
FREE CONSULTATION AVAILABLE 24/7 AT HOME, HOSPITAL OR OFFICE
Hablamos Espanol – Falamos Portuguese
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Barbara G. Banks of The Law Offices of Barbara Banks is a Coral Springs based automobile accident lawyer and general negligence State of Florida accident attorney who represents serious personal injury and wrongful death clients throughout Florida, including Fort Lauderdale, Miami, Boca Raton, Coral Springs, Hollywood, Pompano, Deerfield Beach, Delray Beach, West Palm Beach, Hallendale, Miami Beach and Lake Worth.
Premise Liability
Businesses, landlords, and homeowners are responsible for maintaining their property in a reasonably safe condition for guests. When someone is injured or killed due to dangerous property conditions, it is important to find out what the property owner did to protect his or her guests from harm. The owner of the property may be liable (legally responsible) if it can be proved that their negligence led to the injury or death. If you have suffered an injury of this type which you believe may be a result the negligence of another person, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, any lost earnings or other pain, disfigurement, emotional distress or permanent physical disability you have suffered. Landowners whose property is open for private or public use must provide adequate lighting and must employ proper security and safety measures. We have handled many cases where the property owner provided inadequate security and/or improper lighting. For example, over aggressive bouncers in a bar or a club, are more of a liability to a club owner, then a helpful security measure. Employing people who have had criminal backgrounds and savory behavior oddities can also be a liability. We have successfully sued a well known mall in South Florida for improperly hiring of a security guard who raped one of our clients. Inadequate supervision of minors can also become a problem for certain daycares, after school programs and day camps. The Law Offices of Barbara G. Banks has been extremely successful in collecting money damages from property owners that do not think or care about public safety with respect to their employees or their inadequate lighting and security measures.. If you have been injured because of improper lighting, inadequate security, or inadequate/improper supervision or for any reason that imposes negligence on the property owner, please feel free to contact the Law Offices of Barbara G. Banks.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks, P.A. is a Coral Springs, Florida based attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
Wrongful Death
A wrongful death situation usually arises from an accidental death caused by another person’s carelessness or negligence. A wrongful death claim may be brought against any one or any entity responsible for the death of a loved one. Examples include:
Vehicle accidents – automobile, truck, motorcycle, pedestrian and bicycle accidents
Boating and other watercraft accidents
Slip and falls
Drowning
Construction accidents and OSHA violations
Defective and dangerous products, including pharmaceuticals
Medical Malpractice by a doctor, medical facility or other medical worker
Animal attacks
Deaths as a result of criminal activity or through any violent action causing death, In a death caused by the negligence of another person or entity, a wrongful death lawsuit may provide a path to justice in the courts and practical help for the family left behind. The Law Offices of Barbara G. Banks applies an in-depth knowledge and understanding of the workings of the justice system on behalf of surviving family members after an accidental death.
Whether the death is the result of a motor vehicle accident, construction site accident, or some other unnecessary tragedy, the grief and burdens upon the surviving family members are compounded exponentially. At The Law Office, of Barbara G. Banks, we understand the difficulties our clients are experiencing and lift some of their burdens. We help them find answers after losing a husband, wife, mother, father, son or daughter as the result of the negligence of another person or company. Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. In Florida, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. Contact The Law Office, of Barbara Banks to schedule a complimentary consultation on a potential or ongoing wrongful death case.
Monetary Damages in Wrongful Death Cases
Lawsuits for wrongful death can be very complex, especially when the harmful acts of several parties contributed to an individual death. In order to win a wrongful dealth, negligence on the part of the defendant must be proven. Did the defendant have a duty to the deceased? Did the defendant fail in that duty? Was the fatality caused by the defendant’s breach of duty? Are the survivors entitled to damages as a result of the loss of the their loved one? Some parties may settle the matter before the case goes to trial; others may see it all the way to a verdict. Assuming it was the wrongful actions or inactions of another that caused the death, a lawsuit against that person or company may be brought generally by a surviving spouse, parent or child of the person who has passed away. Aunts and uncles, cousins and people who act as parents (but are not biological or adoptive parents) are usually not eligible to recover under Florida’s wrongful death statute.
In Florida, either the jury or the judge (if there is no jury) will decide how much money to award the statutory survivors of the decedent. The amount of the money damages awarded for wrongful death is based on varying theories, including (but not limited to) how much the deceased would have provided to the survivor(s) if he or she had not been killed. The amount includes income, pension distributions and even services such as taking care of the children. Also, the surviving plaintiff may recover compensation for the loss of love, companionship and guidance of the deceased. This is especially relevant for children who have lost a parent.
As you might imagine, it is difficult to put a number on the value of a lost life; but determining the proper compensation for the financial loss that the death has caused it really the only semi-practical remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:
How much money did the deceased earn?
How much money did the deceased save?
How financially dependent were the survivors on the deceased?
Health of the deceased
Life expectancy of the deceased
Funeral expenses of the deceased
Medical expenses of the deceased
Frequently Asked Questions about Wrongful Death
What is the difference between a civil case and a criminal case against someone who caused a death?
A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter.
Are punitive damages recoverable in wrongful death actions?
Punitive damages are an extra monetary penalty against the party found legally responsible in a civil lawsuit. They are usually awarded because the defendant’s behavior was reckless or malicious. Some, but not all, jurisdictions allow plaintiffs to seek punitive damages in wrongful death cases. Your attorney can tell you more.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks is a South Florida based personal injury lawyer and Florida automobile accident attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
The information on this Barbara G. Banks, P.A. Personal Injury Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.