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The decision to put a loved one in a nursing home is undoubtedly a difficult one. When you finally make such a decision, you expect that your loved one will receive adequate care. Sadly, this does not always happen. In fact, nursing home negligence and abuse is quite common both in Florida and across the US. Whether you are a nursing home resident or your loved one has been injured while in the care of a nursing home facility, we are here to help. Our Miami nursing home negligence attorneys are devoted to protecting the rights of Florida clients. We know how overwhelming it can be dealing with a nursing home injury, but you can trust that we will focus on the legalities of your case so you can focus on moving forward.

In Carpenters Home Estates v. Sanders, the estate of a deceased woman filed a wrongful death lawsuit against the nursing home alleging that the nursing home’s negligence was the cause of the woman dying. Some time after the complaint was filed, the estate asked the court for leave to amend the complaint in order to add a claim for punitive damages. The trial court allowed the plaintiff to do so, and the defendant nursing home filed an appeal.

The appellate court reversed the trial court’s decision to permit the estate to pursue punitive damages, reasoning that when a plaintiff asks for leave to add a claim for punitive damages, the lower court is required to decide whether there is a showing of admissible evidence that provides a reasonable basis to recover such damages. A plaintiff, according to the court, can show this by establishing one of two things: direct liability or vicarious liability.

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Car accidents, whether minor or severe, can be an inconvenient interruption in a person’s life. Whether it is dealing with injuries, property damage or even filing a claim with insurance – it can be a cumbersome and time-consuming process. If a car accident has led to you or someone you love being injured, you must consult a Miami car accident attorney who can help. We will evaluate your case and provide you with our professional opinion regarding the value of your claim.

Paying for car insurance is a reality of life that no one particularly enjoys. If you are at fault or even partially at fault for a car crash, there is a strong chance that your car insurance rates will increase. But just how much the rate will increase may depend on the state in which you reside. A new study by Insurance.com reveals the best and worst states for auto accident claims following an at-fault accident. In other words, the study covers how much auto insurance rates spike after an accident. The study hones in on at-fault claims in each and every state where the claim was a minimum of $2,000 in damages. In every state across the board, however, insurance policy rates increased by an average of 31 percent after an at-fault claim.

Based on the study, Michigan is the worst state for car insurance claims where drivers already deal with the most expensive insurance rates of any state in the country. On average, Michigan drivers pay $2368 per year, and this number spikes to $3,502 after a wreck, a 48 percent jump. Louisiana comes in second place, followed by California and then Florida, which is ranked the 4thworst state for post-accident auto insurance rates. In Florida, drivers pay an average rate of $2,250 and this rate jumps to $3,045 after an accident, an increase of 35 percent. Continue reading →

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Sadly, sometimes paragliding companies put profits before customer safety, putting lives in danger. What is supposed to be an exhilarating experience can quickly become a nightmare when something goes wrong. If you have suffered an injury in a paragliding accident, knowing your legal rights can provide financial relief and peace of mind. Our Miami injury lawyers will examine the specifics of your case and help you determine if you have a viable case.

The body of a 59-year-old man killed in a paragliding accident was recovered after he went down in Lake County. Law enforcement said they received a call some time after 7:00 a.m. when a witness described a small aircraft malfunctioning and spinning out of control prior to landing in Lake Beauclair. In other words, the paraglider spun out of control before crashing into the water. Aerial footage of the incident shows a rescue boat looking for the man, whose body was later found. There were two other gliders with the paraglider prior to the accident, but they landed in a safe manner on a golf course nearby. No other details were immediately available and the case is still being investigated.

Paragliding is a sport in which a person jumps out of an aircraft with a special parachute that allows him or her to travel a long horizontal distance before landing. Paragliding accidents are different from skydiving in that the former is not regulated at the federal, state or county level. Instead, individuals who want to paraglide rely on operators, instructors and others to guide them through the excursion. When these professionals fail to do their job properly, the consequences can be devastating.

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If you have been injured in a car accident, slip and fall accident or any other type of personal injury accident, you may be able to recover monetary damages for your harm. Our Miami injury lawyers understand how to build a strong case, including the use of expert witnesses, as and when needed. In Florida, the standard that governs the admission of expert testimony just changed, which some believe will make it harder for injured plaintiffs to establish their claim. For this reason alone, it is more important than ever that you choose your injury attorney wisely.

We often think that the law is fixed and unchanging when the truth is that standards, rules and procedures change all the time. The Florida Supreme Court recently held that the Daubert standard, as opposed to the Frye standard, governs the admissibility of expert evidence in Florida courts. Over the last ten years, the Florida Supreme Court and the Florida Legislature have grappled with the appropriate standard for the governing standard on expert testimony. In 2013, the Florida Legislature adopted the Daubert standard. In 2017, however, the Florida Supreme Court declined to adopt Daubert on procedural grounds. The Florida Supreme Court, however, recently reversed the 2017 ruling and Daubert is now the standard in all federal court cases and in the majority of state courts as well.

The general premise of the Frye standard is that an expert opinion is admissible if the scientific technique on which the opinion is based is “generally accepted” as reliable in the relevant scientific community. This was almost a universal standard in courts throughout the country after the Supreme Court’s 1923 decision in Frye v. US.

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If you have been injured in a hit and run car accident, you probably have many questions. Our trusted Miami injury attorneys can take a close look at your case and help you understand your legal rights and options following a crash. At our firm, we understand how stressful it can be dealing with a hit and run accident because of the uncertainty it creates in terms of how you should proceed. But rest assured that you have options. We understand the nuances of Florida personal injury law and can apply it to your case.

In a recent case, a 28-year old man has been accused of causing the death of a rising MMA star in a hit and run accident this past May. The State claimed that the man drove recklessly while intoxicated after having left a bar. After the accident, the man supposedly went to a buddy’s house, “posted” something pertaining to the wreck online and hid the car he had been driving before getting it repaired.

Florida law requires drivers of all vehicles involved in a collision to stop their vehicle and stay at the scene. In fact, drivers are not allowed to depart the scene of a wreck until they have provided their names, addresses, and registration numbers for the automobiles they were driving. In addition, drivers must share their driver’s licenses information to any person, driver, or passenger who has been hurt due to the accident. If possible, drivers are also required to provide reasonable assistance to an individual who is hurt, including calling 911 if necessary.

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Medical malpractice is a situation that no one wants to find themselves in, but the reality is that it happens all the time in Florida and across the country. Medical malpractice cases are almost always complicated, time-consuming and stressful. If you have been injured because of a medical professional’s carelessness or mistake, you may be entitled to receive monetary damages. Our hard-working Miami medical injury lawyers will examine your case and help you understand your rights and options under the law.

A father and son team who have already settled 290 medical malpractice lawsuits for botched breast-implant surgeries that left women disfigured and in severe pain are now facing more malpractice claims. Allergan, the breast implant manufacturer, has also been accused of fraud for paying the surgical duo for thousands of surgeries to replace supposedly defective implants even though, upon closer inspection, the implants showed no defects. According to the lawsuit, the surgeons were one of Allergan’s top 10 breast implant customers in the state of Florida.

Women have consistently claimed in lawsuits that the surgeons made their implants far larger than they had requested. Some women noticed black mold in their implants while others said that the surgeries left them with stabbing pains. A large number of women stated that the procedures left their breasts hardened, misshapen and lopsided. In addition, the women said the surgeons failed to use an anesthesiologist or a nurse anesthetist. Rather, the doctors used ketamine, a tranquilizer as a sedative, which led to hallucinations and patients waking up during surgery.
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Car accidents can lead to catastrophic, life-changing injuries. Dealing with these injuries is hard enough, but also having to think about the legal steps you should be taking can add a whole new level of stress. If you have suffered a catastrophic injury in an accident caused by someone else’s carelessness or mistake, we can assist you. Our dedicated Miami catastrophic injury attorneys will focus on the legalities of your case so you can focus on healing and moving forward. You can take comfort in knowing that we provide experienced representation to each and every one of our South Florida clients.

Former Miami Dolphins defensive tackle, Kendrick Norton, lost an arm due to a car crash earlier this month. According to the Florida Highway Patrol (FHP), Norton suffered severe injuries to his left arm, which led to an amputation. At the time of the accident, Norton was not wearing a seat belt and was driving his pick-up truck in the early morning hours of July 4 on a road known as the Dolphin Expressway, a 15-mile stretch of highway that cuts across Miami. Norton was cited for an improper lane change after he pulled in front of another vehicle and grazed it before he crashed into a concrete barrier. The truck flipped and, when it stopped, was upside down. According to a family friend of Norton, however, the football player was cut off before his vehicle flipped. Alcohol and drugs were not suspected to have been a factor in the accident for either driver. The driver of the other vehicle was not injured.

The term “catastrophic injury” is not something that injury attorneys take lightly. A catastrophic injury refers to an injury that results in serious and permanent injury to the victim. This can include disability and/or disfigurement. These injuries may include traumatic brain injury, quadriplegia, paraplegia, amputations, organ damage, severe burns or any injury that has a life-altering impact on a person.

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Slip and fall accidents can lead to devastating, life-changing consequences for a person. In the most serious cases, these accidents can be fatal. When a slip and fall accident takes place on another’s property, you could potentially obtain compensation for things like medical bills and lost income that are a direct result of the accident. Our Miami premises liability attorneys will meticulously look into what happened in your case and fervently advocate for your rights.

In a recent opinion, a plaintiff lived in a condominium for almost ten years. During that whole time, she knew about a specific crack in the sidewalk and watched it continue to worsen. In fact, she had traversed the area many times without incident – never taking special care to avoid it. While she told the landlord that the area needed to be repaired, no repairs were made. Then one day, the plaintiff fell on the fractured concrete. She sued the landlord for injuries, alleging failure to warn and a failure to maintain the premises.

The landlord filed a motion for summary judgment saying that the condition was open and obvious. They used the plaintiff’s own testimony indicating that she knew about the condition and she also knew that there were other paths she could have used. The trial court granted the landlord’s motion based on the plaintiff’s undeniable awareness of the sidewalk’s condition, its open and obvious nature, and her assumption of risk.

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Sadly, drugged driving has become an epidemic all across the country. If you have been injured in a car accident caused by a driver who was under the influence of marijuana, we can help you and your family. Our Miami personal injury lawyers understand the system and will work tirelessly to protect your rights and help you recover the maximum amount of compensation in your case. In short, we understand the law and will put that knowledge at work for you.

A new study by the AAA Foundation found that while almost 15 million Americans admit to driving within one hour after using marijuana, most do not think they will get caught by police for driving while high. In fact, the study found that an estimated 14.8 million drivers, nationwide, report that they have driven within one hour of using marijuana at least once in the past 30 days. This is worrying since it takes one to four hours after using the drug to feel its impairing effects. Researchers have found that more Americans approve of driving after using marijuana (7 percent) than they do driving drunk (1.6 percent). Marijuana users who drive high are up to twice as likely to be involved in a crash.

With the legalization of marijuana in many states, drugged driving deaths have increased. Florida DUI laws criminalize the operation of a motor vehicle not only when a person’s blood alcohol concentration is .08 or above, but also if a person is under the influence of drugs, including marijuana. While a DUI arrest can lead to criminal consequences, it can do surprisingly little to compensate accident victims for their injuries and losses. Instead, an accident victim can file a civil negligence lawsuit against the impaired driver.

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A car accident can lead to severe injuries and property damage. After a crash, medical bills and other bills often start to pile up, taking a serious financial and emotional toll on the victim. If you’ve been hurt in a car crash, finding the right lawyer can help your ability to receive the compensation you are entitled to. Our trusted Miami injury attorneys have the legal experience and background needed to effectively advocate for your rights. We will handle the legalities of your case so you and your family can turn your attention towards healing.

SmartAsset recently released its third annual study on the states with the worst drivers for 2018. Researchers found a three-way tie for fourth place between Florida, Nevada and Texas. Alarmingly in Florida, just 73.30 percent of drivers in the Sunshine State have insurance, the lowest rate in the country. In addition, Florida has the 11thhighest rate of searches for traffic-related tickets. To draw its conclusions, the study examined four factors: the percentage of drivers who carry insurance, the number of driving while intoxicated (DWI) arrests per 1,000 drivers, the number of deaths per 100,000 vehicle miles driven and how frequently individuals Google things like “traffic tickets” or “speeding tickets.”

Anyone can be involved in a car crash at any time. Car accidents may be more common than you realize. According to the 2016 statistics from the Florida Highway Safety and Motor Vehicles department, approximately 668,699 drivers were involved in 395,785 reported accidents. On average, 1,080 crashes took place each day. These accidents led to 254,155 injuries and 3,176 fatalities that year.

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