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law booksUnfortunately, people in Florida are injured in accidents all the time. If you or someone close to you has been hurt in an accident caused by someone else’s negligence, you may be able to recover compensation for your harm. If you find yourself in a lawsuit, however, you could be faced with a motion for summary judgment, which is a request to end a case without a trial. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys understand how to navigate these types of cases, including how to use and respond to certain procedural devices in the case, like motions for summary judgment.

In law, a motion for summary judgment is filed by an opposing party and claims that you cannot win your case because there is no legal dispute or because your claim is without merit. Also sometimes known as ‘judgment as a matter of law,’ summary judgment is a method to decide an issue or an entire case without going to trial. Failing to respond to a motion for summary judgment can result in your case being dismissed or a judgment being entered against you.

Under the Florida Rules of Civil Procedure, a party is entitled to summary judgment only when there is “no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” The court will grant summary judgment if one side presents undisputed facts that entitle that side to win because of the existing law relating to that issue. Put another way, in order for summary judgment to be appropriate, the moving party must establish that the opposing party cannot win, even if all credibility conflicts are resolved in the opposing party’s favor. For example, if a jurisdiction requires the plaintiff in a medical malpractice claim to produce an expert witness to establish his or her case, summary judgment may be appropriate if that plaintiff cannot produce a qualified expert.

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crushed fingersCrush injuries are some of the most painful and devastating injuries a person can suffer. If you have sustained a crush injury in an accident that was not your fault, you may be able to recover compensation for your harm. With years of experience, our diligent Miami personal injury lawyers are prepared to represent you in all aspects of your case. At the Law Offices of Robert Dixon, we can provide the advocacy and legal counseling you need to deal with a crush injury. Filing a claim is time-sensitive, which means it is imperative to contact a lawyer as soon as possible after your injury.

A crush injury typically occurs when force or pressure is put on a body part, causing that body part to be crushed. This most often happens when part of the body is squeezed between two heavy objects. For example, a person’s arm could be crushed if elevator doors shut on it. Another example would be if a big rock or boulder fell on your foot, crushing it. The injuries resulting from these kinds of accidents can range from minor bruising to severe crushing that could result in amputation and even death. Other consequences of crush injuries can include lacerations, fractured bones, nerve damage, compartment syndrome, and paralysis.

If you have suffered a crush injury because of someone else’s actions, you should file a negligence claim against the at-fault party. To establish negligence, the victim must show that he or she was owed a duty of care, that the defendant breached the duty of care, and that the victim’s injuries were a direct result of the defendant’s breach. The duty of care refers to each person’s obligation to use the level of care and caution that a reasonably prudent person would use in the same or similar circumstances.

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scalesCareless conduct causes injuries and even deaths in Florida and across the United States on a daily basis. If you or your loved one has been hurt in an accident caused by someone else’s negligence, you need to reach out to a seasoned Miami accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have years of experience and know how to establish fault in personal injury cases. You can trust that we can uncover the facts of your case and determine the viability of your claim.

Most personal injury cases are rooted in the theory of negligence. Negligence occurs when a person is injured or killed due to another party’s failure to use reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to establish negligence, the injured party has to demonstrate the following elements:  i) the at-fault party owed a duty of care to the accident victim; ii) the at-fault party breached the duty of care owed to the accident victim; and iii) the at-fault party’s breach was a direct and proximate cause of the accident victim’s injuries. In some cases, negligence takes place when a person fails to act when there is a duty to do so.

The burden of proof in negligence cases falls on the plaintiff, who must show negligence by a ‘preponderance of the evidence.’ Under this standard, also known as the ‘greater weight of the evidence’ standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will prevail. Another way to think about this standard is to think about the scales of justice – if the plaintiff’s evidence outweighs the defendant’s evidence, even by a marginal amount, the plaintiff will win the case. Essentially, the plaintiff must prove that their assertions are more likely true than not. If they have proven the case to a 50.1 percent degree of certainty, they will succeed. However, if the plaintiff cannot reach this threshold, the defendant will win.

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injuryIf you have been hurt in an accident caused by someone else’s negligence or wrongful act, you need to reach out to a skilled Miami personal injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to helping our clients understand their rights and helping them secure the compensation they deserve for their harm.

Negligence is a fundamental concept in personal injury cases. Personal injury cases are a way for people to be compensated for the wrongdoings of a third party that culminated in their sustaining an injury. Examples of serious accidents include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, defective product incidents, medical malpractice, slip and falls, and construction accidents.

Personal injury cases are typically rooted in the theory of negligence. Negligence takes place when an individual causes an injury or death by failing to use reasonable care in their actions. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. It is important to note that negligence can also occur when a person fails to act when he or she had a duty to do so. In order to establish negligence, the plaintiff must establish:

  • The defendant owed the plaintiff a duty to use reasonable care;
  • The defendant breached the duty;
  • The defendant’s breach was a direct and proximate cause of the accident and the plaintiff’s resulting damages.

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court

If you have been injured in Florida due to someone else’s negligence, you have rights. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys are committed to getting clients the compensation they deserve for their harm. With years of experience, we understand the nuances of this area of the law and can apply this knowledge to your case.

Moving for a directed verdict is not uncommon in Florida trials. It works in the following way. After the plaintiff puts on their case, the defendant moves for a directed verdict, stating that even assuming all of the evidence is true, and all of the inferences relating to the case favor the plaintiff, the plaintiff failed to prove their case as a matter of law. Essentially, a directed verdict is a verdict that the judge has either ordered the jury to find, or, alternatively, the judge has taken the case from the jury and rendered the verdict without the jury’s deliberation.

A directed verdict is only used when the evidence for either the plaintiff or the defendant in a case is so weak that the law cannot possibly support a finding in favor of that party. As a result, the directed verdict is entered in favor of the other party. The Florida Supreme Court has held that in order for a court to remove a case from the judge or jury and grant a directed verdict, there must only be one reasonable inference from the plaintiff’s evidence. Thus, if the jury is forced to stack inferences to find that the plaintiff presented a prima facie case of the defendant’s negligence, a directed verdict will be justified.

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lawyerIf you have been injured in a car accident that was not your fault, you may be entitled to compensation. At the Law Offices of Robert Dixon, our firm helps clients through every part of the legal process, including preparing clients for statements and Examinations Under Oath (EUO). Our firm has extensive experience in handling insurance cases for Florida clients. An EUO could have serious consequences for your case, which is why you should reach out to a seasoned Miami car accident attorney regarding the matter and even take that attorney with you to the proceeding.

After an automobile accident, if an insured party files a claim for personal injury protection (PIP) benefits under an automobile insurance policy or a policy for medical payment coverage or uninsured motorist (UM) coverage, that party is very likely going to have to attend an EUO. Similarly, if you were a passenger in someone’s car at the time of an accident and are seeking UM coverage, you will likely be required to give the insurance company a statement of EUO.

The EUO is a proceeding in which the insured is asked questions by the insurance company’s representative, typically an attorney, in the presence of a certified court reporter under oath. Put another way, after an automobile accident involving injuries, an EUO gives an opportunity for a representative of a car insurance carrier to get answers from the insured under oath. As a policyholder, you are required to comply as part of the auto insurance company’s accident claims investigation process.

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hospitalEvery patient in Florida and across the United States deserves competent medical care. When we go to a hospital, we expect to get better rather than worse. Sadly, hospital negligence can lead to serious injuries and, in the most serious cases, death. If you or someone close to you has been injured due to hospital negligence, it is important to reach out to a skilled Miami medical malpractice lawyer as soon as possible. At the Law Offices of Robert Dixon, we understand how to navigate these types of claims and pursue the compensation that our clients deserve for their harm.

Doctors, nurses, and other medical professionals at a hospital play a vital role in a patient’s treatment and recovery. When these health care providers make an error, it can have serious consequences for a patient’s health. Some examples of hospital errors include but are not limited to:

  • Administering the wrong medication;
  • Administering the wrong dosage of medication;
  • Performing the wrong medical procedure on a patient;
  • Performing a procedure on the wrong body part;
  • Failing to follow a doctor’s orders;
  • Anesthesia errors;
  • Misdiagnosis, failure to diagnose, or delayed diagnosis of a particular condition; or
  • Allowing bedsores to develop.

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playgroundEach day, children across Florida spend time at public and private playgrounds. Playgrounds are places where children go to make new friends and enjoy themselves, but they can also be dangerous places. If you or a loved one suffered an injury from defective playground equipment, our seasoned Miami product liability attorneys can help. At the Law Offices of Robert Dixon, we can examine the circumstances of your injury and determine what happened. You can trust that we will work efficiently on your behalf to help you pursue the compensation you deserve in your case.

According to the Centers for Disease Control and Prevention (CDC), more than 200,000 children under the age of 14 are taken to emergency rooms for injuries that take place on playgrounds. In fact, approximately 75 percent of all non-fatal playground-related injuries occur on public playgrounds, mainly daycare centers and schools. Almost half of all playground-related injuries are serious injuries, such as concussions, fractures, internal injuries, dislocations, and even injuries that necessitate amputations.

If you have been injured by faulty playground equipment, you and your family deserve to be compensated for the harm. Of course, not every playground accident is actionable, since physical activity can inherently put a child at some risk of an accident. However, if your injury was caused by defective playground equipment, you may be able to sue the manufacturer through a product liability claim. Some examples of playground equipment defects include but are not limited to:

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railroad crossingWhile trains might not be a part of your transportation routines, the reality is that there are many trains in Florida and throughout the United States. Freight trains, high speed trains, and inter-city trains are different types of trains that may present dangers at railroad crossings. If you or someone close to you has been injured in a railroad crossing accident, it is imperative to reach out to a skilled Miami train accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to holding negligent parties accountable for the harm that they cause.

Federal Railroad Administration statistics show that more than one person is killed each day at railroad crossings across the United States. Other estimates suggest that there are nearly 3,000 train accidents each year across the country. There are a variety of ways that railroad crossing accidents can take place, including but not limited to:

  • Careless lookouts for cars and motorists near the tracks;
  • Defective railroad crossing gates and signals;
  • Trains that fail to sound their horns when approaching a crossing;
  • Poor crossing designs;
  • Objects protruding from the train;
  • Trains parked too close to a crossing; or
  • Poor visibility at a railroad crossing.

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truckTruck accidents can have devastating consequences for people in the smaller vehicle involved. If you or your loved one was injured in an underride accident, it is imperative to seek the help of a Miami truck accident attorney without delay. At the Law Offices of Robert Dixon, we can help you hold negligent parties accountable and recover the compensation you deserve for your harm. For years, we have vigorously advocated for South Florida victims and can do the same for you.

According to the National Highway Traffic Safety Administration (NHTSA), more than 400 people die each year due to underride accidents. The NHTSA further estimates that more than 5,000 occupants of passenger vehicles sustain severe injuries in these types of crashes on an annual basis.

Underride accidents typically occur when a passenger vehicle collides with a truck and runs under it. Even at relatively low speeds, these accidents can lead to serious injuries and even death to drivers and passengers in the car. There are two types of truck underride accidents that may happen:  side underride collisions and rear underride collisions. A side underride collision happens when a passenger car slams into the side of a truck and then slides under it. A rear underride collision occurs when a passenger vehicle runs under the rear of a truck or semi-trailer.

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