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stethoscopeIf you or someone close to you has been hurt by someone else’s negligence, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami injury attorneys can help you navigate a personal injury lawsuit from start to finish. When you file a personal injury claim, the defense has a number of tools and strategies they can use to try to minimize the amount of money they will eventually have to pay. Having a deep understanding of Florida injury law, we can often anticipate what the defense will likely try to do and advise you accordingly.

In Florida personal injury litigation, specifically under Florida Rule of Civil Procedure 1.360, a defendant can require that the plaintiff attend a compulsory medical examination (CME) by a doctor of the defendant’s choosing. Put another way, a CME is when the defense hires a doctor to evaluate the plaintiff. This typically means that an insurance company is paying for the doctor. It is important to note that each insurance carrier usually has a handful of doctors that they routinely retain to conduct CMEs. In some cases, a particular doctor will work for a number of insurance companies in the area.

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slip hazardSlip and fall accidents can lead to serious injuries. If you have been injured in a slip and fall accident, the case may seem relatively straightforward. However, this is not always the case. At the Law Offices of Robert Dixon, our skilled Miami premises liability attorney can assess the merits of your case and help you try to hold the negligent parties accountable. With years of experience, we have helped many South Florida clients and can help you as well.

Property owners in Florida have an obligation to maintain their premises in reasonably safe conditions in order not to injure those who enter the land. Under Florida law, a property owner is not automatically liable simply because someone was injured on his or her property. Instead, a property owner will be liable if he or she was negligent. Negligence occurs when a property owner causes an injury by failing to use the level of care that a reasonably prudent property owner in the same situation would have used. Negligence can also take place through omission, namely, a failure to act when there is a duty to do so.

Establishing liability in a slip and fall case can be complicated for a number of reasons, one of them being the doctrine of pure comparative negligence. Pure comparative negligence apportions relative fault among all of the parties involved. Under the doctrine, your recovery will be limited by your amount of negligence. For example, if your actions are deemed to be 20 percent responsible, your damages will be reduced by that amount. In sum, you will be entitled to an award of 80 percent of your total monetary recovery.

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swimming poolOne of the benefits of living in the Sunshine State is being able to enjoy the great weather for so much of the year. One of the activities that children and adults in Florida enjoy is swimming. Many times, people swim at public pools where a trained lifeguard is on duty. If you or someone close to you has been injured in a swimming accident due to lifeguard negligence, we can help. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys have the experience and determination to handle your case.

According to the Centers for Disease Control (CDC), approximately six people drown in the United States each day. Many of these drowning accidents occur at public pool facilities with certified professional lifeguards. The CDC also found that drowning was the fourth-leading cause of accidental death in the country, and one-third of drowning victims are under the age of 14.

Lifeguards are supposed to receive their qualifications through the American Red Cross or another qualified entity. They must keep up to date with their training and certifications to be able to recognize and respond to signs of struggle immediately. When a lifeguard fails to meet a legal duty or obligation and ends up causing an injury or death to a swimmer, that lifeguard will likely be found negligent. Negligence takes place when a lifeguard causes harm by failing to use the level of care that a reasonably prudent lifeguard would have used under the same or similar circumstances.

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fire

Fires can have devastating consequences for people’s lives. If you or someone close to you has been injured in a fire on someone else’s property, you may be able to file a premises liability claim against the at-fault party. At the Law Offices of Robert Dixon, our Miami premises liability attorneys understand that burn injuries are some of the most painful injuries an individual can suffer, which is why we can aggressively pursue the compensation you deserve in your case.

In Florida, as in every other state, property owners have a duty to maintain their premises to prevent risks of injuries to others. When property owners fail to do this, they can be liable for any injuries that people sustain on the premises. The obligation to maintain one’s property includes taking the necessary steps to prevent a fire from occurring on the property, as well as measures to deal with a fire, should one occur. Some steps a property owner can take to do this are as follows:

  • Have proper, working smoke detectors;
  • Have proper, working sprinkler systems;
  • Have proper fire escape systems;
  • Have proper signage pointing to the fire escape system;
  • Make sure the building is up to code; and
  • Make sure there are no faulty electric outlets or natural gas leaks.

It is important to note that a property owner is not responsible for injuries simply because something happens on the property. In some cases, a fire can break out and spread even if a property owner takes all of the appropriate measures to avoid such an incident. As a result, in order to be liable, property owners must have done something wrong or failed to do something they were supposed to do.

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Soft tissue injuries can be harder to identify than obvious injuries, such as broken bones, but the consequences can be every bit as serious and sometimes even worse. If you or someone close to you has experienced a soft tissue injury, the seasoned Miami injury attorneys at the Law Offices of Robert Dixon can help. For years, we have helped South Florida clients seek the compensation they deserve for their harm, and we can do the same for you.ambulance

A soft tissue injury (STI) refers to damage to muscles, ligaments, tendons, and other connective tissues throughout the body. These injuries can lead to considerable pain and, in some cases, even a temporary or permanent disability. A very common example of a soft tissue injury is whiplash, a neck injury caused by a rapid back and forth movement of the neck (that often takes place in a car accident). Other examples of soft tissue injuries include sprains, strains, contusions, and tendinitis.

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craneCranes of varying sizes are used in construction projects in Florida and across the United States on a daily basis. If you or someone close to you was injured in a crane collapse accident as a bystander, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys understand the nuances of personal injury law and can put this knowledge to use in your case.

Whether it is a small crane or a big crane, following safety protocols is imperative. According to the United States Department of Labor’s Bureau of Labor Statistics, the United States witnesses nearly 90 crane-related deaths per year. There may be several causes of crane collapses, including but not limited to:

  • Damaged or overly worn cables;
  • Malfunctioning stabilizers;
  • Bent, rusted, or broken beams;
  • Dropped loads;
  • Falls from the crane;
  • Crane malfunctions;
  • Collapse of the boom; or
  • Overturned cranes.

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phoneDistracted driving is a big problem in the United States, and Florida is no exception. If a distracted driver has injured you or someone close to you, you should seek legal advice from a skilled Miami injury attorney immediately. At the Law Offices of Robert Dixon, we can explore the facts of your case and help you understand your rights.

A recent report generated by EverQuote, an online insurance firm, reveals that Florida ranks second-worst in all of the United States, after Louisiana, in the number of admitted distracted drivers. Over 90 percent of all drivers admitted to using a phone while driving.

Distracted driving is any activity that takes your attention away from the primary task of driving. There are three main types of distractions of which you should be aware:  visual, manual, and cognitive. Visual distractions are those that take your eyes off the road. Manual distractions are those that take your hands off the wheel. Cognitive distractions are those that take your mind off driving. Some common examples of distracted driving include texting while driving, eating or drinking, personal grooming, reading a map of a navigation system, watching a video, tending to children in the backseat, and even daydreaming.

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SUVPeople often feel safer in SUVs, since these vehicles are bigger and heavier than an average car. While this means that people in SUVs might feel less of an impact when colliding with smaller vehicles, the reality is that SUVs are more prone to tipping over when you crash. If you have been injured in an SUV rollover accident caused by the negligence of someone else, you may be entitled to compensation. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can evaluate the facts of your case and determine the viability of your legal claim. We understand that an SUV rollover accident can change your life in an instant, which is why we can provide compassionate representation at every step of the way.

A sports utility vehicle (SUV) is a vehicle classified as a light truck but operated as a family vehicle. An SUV is classified as rolling over it if tips onto its side or roof at any time during the wreck. The rollover may occur after a frontal or side impact crash or after a collision with a fixed object. According to the Insurance Institute for Highway Safety (IIHS), SUVs are proportionally more likely than cars to be in fatal single-vehicle wrecks, especially rollovers. However, since these vehicles are heavier than the average car, occupant deaths in SUVs are less likely to take place in multiple-vehicle crashes. In 2015, a total of 4,545 SUV occupants were killed in accidents. In that same year, 45 deaths were results of single-vehicle rollover accidents.

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sleep

When teenagers learn how to drive, they are taught certain safe driving practices, such as not to get behind the wheel under the influence of drugs or alcohol. However, teenagers often underestimate the dangers associated with drowsy driving. If a drowsy teenage driver injured you or someone close to you, you should reach out to a skilled Miami accident attorney who can help. At the Law Offices of Robert Dixon, we can evaluate the facts of your case, advise you of your rights, and help you figure out your options for recovery.

Drowsy driving is a deadly problem in Florida and throughout the United States. The National Highway Traffic Safety Administration (NHTSA) reports that 846 fatalities that were recorded in 2014 were drowsy driving-related. Furthermore, NHTSA data reveals that drowsy driving causes 56,000 automobile crashes each year. According to the National Healthy Sleep Awareness Project, teenagers and young adults aged 16-24 have been found to be the most at-risk age group to be involved in a drowsy driving accident. Lack of sleep can negatively affect how a teenager functions. In fact, the Children’s Hospital of Philadelphia reports that a teen driver who has less than eight hours of sleep is 30 percent more likely to crash than a teen who has had more than eight hours of sleep.

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bankA Florida appellate court recently addressed the following issue:  could a bank be liable after a woman fell in a hole in a construction zone on the bank’s property?

The facts of the case are as follows. A woman drove to a Florida bank to make a deposit through the drive-thru teller. Upon her arrival, she realized that the bank was closed. She decided to make the deposit through the bank’s outdoor ATM. Once she parked, she noticed that the area was under construction, since there was a barricade in front of the ATM and a sign directing customers to walk around it. As the woman walked around, she stepped in a pothole, which caused her to fall and sustain injuries. She had not seen the pothole but conceded that there was nothing precluding her from looking down and seeing it.

The woman then filed a lawsuit against the bank as well as its general contractor, alleging a breach of the duty to warn and a breach of the duty to maintain a safe location. The bank moved for summary judgment based on the “open and obvious” doctrine. The woman responded by claiming that the condition was not open and obvious, and even if it had been, the bank would still be liable.

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