Published on:

By

We tend to assume that car accidents always involve two or more vehicles but this is simply not the case. Many accidents are single vehicle accidents that, as the name suggests, only involve one vehicle. If you have been hurt in a single vehicle accident, do not assume that you don’t have rights. Our Miami auto accident attorneys understand how to scrutinize your case to determine your eligibility for compensation. You can rest assured that we will not leave any stone un-turned when devising a legal strategy to protect the rights of our clients.

A Florida Highway Patrol (FHP) report indicates that a Panama City Beach man was killed in an accident in which his truck flipped over in Walton County. FHP says the accident took place on U. S. Highway 98 last month. According to law enforcement, a 28-year-old man was traveling west when his car veered onto the shoulder of the road. Even though the driver tried to regain control, his vehicle started rotating counter clockwise and ultimately flipped over in the middle of the highway. Tragically, the man suffered serious injuries and was rushed to the hospital where he later died.

After single vehicle accidents, it is often assumed that the driver is at fault since no other vehicle is involved in the crash. However, this is not always true. Many different factors outside of your control can cause or contribute to these accidents or make them worse, including but not limited to:

  1. Improperly maintained roads (i.e., potholes);
  2. Animals on the road;
  3. The negligence of another driver (i.e., a driver cuts you off and you swerve to avoid a collision but end up crashing into a wall);
  4. Flying objects (i.e., debris falling off a truck);
  5. Defective car parts (i.e., brakes failing); and/or
  6. Poorly placed signs.

Continue reading →

Published on:

By

When an SUV collides with a smaller vehicle, it can result catastrophic injuries and even fatalities for those involved. If you have been injured in an SUV accident, please contact our seasoned Miami SUV accident lawyers immediately. We can assess the facts of your case and help you understand your legal rights and options. You can take comfort in knowing that we are going to  work diligently to get you the maximum amount of monetary compensation possible in your case.

Rescue crews recently found an SUV that plunged off a bridge into the Tampa Bay after being involved in an accident. The Florida Highway Patrol (FHP) stated that the SUV was recklessly going south on the bridge when it struck a pick up truck, flipped over numerous times, crashed into the concrete barrier, rolled over and went down in the water. Specifically, the SUV was tailgating and changing lanes erratically immediately before the accident took place. While divers found and pulled the SUV out of the water, they have not been able to locate the occupants, nor were any occupants seen emerging from the water. The FHP states that this is only the second time in ten years an automobile has gone over the bridge and into the water.

Negligence is perhaps the most common cause of motor vehicle accidents, including SUV crashes. Negligence takes place when an individual does not use reasonable care while driving, causing injury or death to another. In other words, negligence refers to a person’s failure to do something that a generally prudent person would have done in a comparable situation. To win a personal injury lawsuit rooted in negligence, the plaintiff must show the following elements: i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care owed to the plaintiff; and iii) the defendant’s breach was a direct cause of the SUV accident and resulting harm.

Continue reading →
Published on:

By

Patients rely on their doctors for an accurate and timely diagnosis of their medical condition. Without a proper diagnosis, a patient is deprived of the chance to pursue opportune treatment and may suffer a variety of adverse consequences as a result. In fact, for many patients, early intervention can be the difference between life and death. If you’ve experienced harm because of a delayed diagnosis, our Miami medical negligence attorneys can help. We understand how to represent victims of medical malpractice and protect your rights.

Medical negligence is a huge problem in Florida and throughout the country. A study by the Institute of Medicine and the National Academy of Sciences estimates that about 98,000 patients are killed every year in hospitals as a result of medical errors. A number of these errors are diagnostic errors. The World Health Organization estimates that most people will likely experience a diagnostic error in their lifetime. In the United States, diagnostic errors affect 12 million Americans every year and likely cause more damage to patients than all other medical errors combined.

All medical professionals have a responsibility to treat patients with proper care. Part of this includes evaluating a patient’s symptoms and prescribing the appropriate tests to correctly diagnose the medical condition. Early detection is often critical for the treatment of diseases, especially when it comes to conditions such as cancer. If your doctor’s mistakes resulted in the delayed diagnosis of your disease and impacted your opportunity to receive timely and proper treatment, you may be able to sue the at-fault physician for medical negligence.

Continue reading →

Published on:

By

Even though airbags are meant to protect us, the reality is that sometimes they do more harm than good. If you have been injured due to any type of airbag malfunction, our Miami products liability lawyers can help. We understand the serious physical, emotional and financial toll that an airbag malfunction can have on a person and his or her entire family, which is why we will aggressively fight for your rights throughout the entire legal process.

We tend to believe the more airbags, the better. This is not always the case. A new study conducted by the Insurance Institute for Highway Safety (IIHS) indicates that knee airbags are not very effective in preventing injury. In fact, they could potentially increase the risk of injury, according to the study. Knee airbags are airbags that deploy from a car’s lower dashboard. They are designed to spread impact across a car occupant’s legs in the event of a crash in an effort to reduce leg injuries.

IIHS examined data from more than 400 frontal crashes it conducted as part of its automobile ratings to determine if leg injuries were less probable in cars with knee airbags. Surprisingly, crash test results revealed that knee airbags were connected with an increased risk for lower leg and right femur injuries. The test was created to simulate what occurs when the front left corner of the car crashed into another automobile or object. Scrutinizing real world accident reports from 14 states, IIHS determined that knee airbags did decrease overall risk of injury from 7.9 to 7.4 percent, which the organization says is not statistically significant.

Continue reading →

Published on:

By

Tragically, medical malpractice injures countless patients in Florida and across the country every year. If you’ve been affected by medical malpractice, do not delay in reaching out to our Miami medical malpractice advocates. With wide-ranging experience in this realm of law, we know how to handle even the most complex malpractice claims.

Florida law does not recognize the “loss of chance” doctrine as a theory of recovery for patients in medical malpractice lawsuits. This doctrine is typically used when a doctor fails to make a diagnosis or delays a diagnosis. The negligence involves the doctor’s failure to diagnose or treat a patient’s condition in a timely manner, which causes the plaintiff a loss of chance to survive or have a more optimal outcome. In other words, the “loss of chance” doctrine is a cause of action allowing a patient to seek damages based on the reduced chances that the patient will recover. Consider the following example – a patient dies sooner than he or she would have from a malignant tumor whose diagnosis was negligently missed by a doctor. In this case, the patient would have likely died anyway but the cause of action is for the fact that the patient died sooner than he or she would have if a timely diagnosis had been made and immediate treatment had begun.

The Florida Supreme Court has held that the plaintiff bears the burden of proof in Florida medical malpractice cases and must convince the jury that his or her injury is “more likely than not” the result of defendant’s negligence. This standard is satisfied when the plaintiff can demonstrate that there was a 51 percent or higher chance that the harm would not have taken place ‘but for’ the defendant’s actions or lack thereof. As such, if a patient has under a 51 percent chance of survival or treatability prior to the medical professional’s negligence, that patient does not have a cause of action in Florida. Florida is part of a minority of states that requires the plaintiff to show that the injury was actually caused by the medical professional.

Continue reading →
Published on:

By

Motorcycle accidents can lead to catastrophic injuries and, in the most serious cases, death. If you have sustained an injury in a motorcycle crash, you could potentially recover damages for your harm. Our Miami motorcycle accident attorneys can value your claim and help you get the maximum compensation possible in your case. We know the uphill battle that injured motorcycle riders face when trying to hold negligent parties responsible for their conduct.

Earlier this month, a 40-year-old Florida fire chief was killed in an accident while returning home from a public meeting. The man was going to his house on his motorcycle when he collided with an SUV. Reports by law enforcement indicate the man was riding his motorcycle through an intersection when an SUV made a left turn in front of him, causing him to crash into the side of the vehicle. He was rushed to the hospital where he later succumbed to his injuries. The accident took place around 8pm. The driver and passenger of the SUV were not injured in the collision.

Motorcycle accidents can be particularly dangerous to riders since they do not have the structural protection of a vehicle that occupants of a car or truck have. Motorcyclists in Florida have the same rights and responsibilities on the road as any other driver. Sadly, however, they are often ignored, overlooked or disregarded by other motorists on the road. If you are the victim of a motorcycle accident, you can likely recover compensation through a personal injury lawsuit against the at-fault party. In order to win such a lawsuit, you have to show that the other motorist was negligent. Negligence occurs when a motorist fails to use reasonable care behind the wheel, thus, causing an accident and resulting bodily injury and/or property damage. Reasonable care refers to the level of care that an ordinarily prudent motorist would have used in the same situation. Some common examples of motorist negligence include speeding, making unsafe lane changes, tailgating, texting and driving, driving under the influence of alcohol or drugs and/or aggressive driving.

Continue reading →
Published on:

By

Have you or your loved one been injured in a truck accident? If so, you need a trusted Miami truck collision lawyer to evaluate your case and help you determine your legal options. With wide-ranging experience handling personal injury claims for South Florida clients, we know how to help.

A Florida appeals court recently sought clarification from the Florida Supreme Court, asking if there should be a different summary judgment standard when video evidence is involved. Under Florida law, a party is entitled to summary judgment as a matter of law when there is “no genuine issue” pertaining to any “material fact.” A material fact, in this context, is anything that tends to prove or disprove a disputed fact that is relevant to the outcome of the case.

The facts of the case are as follows. On January 17, 2017, a man was driving a freightliner truck on the freeway when he was rear ended by a pickup truck. The collision caused the freightliner to hit another vehicle. The pickup truck driver died as a result of the injuries he sustained in the accident.

Continue reading →

Published on:

By

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.

Continue reading →

Published on:

By

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 →

Published on:

By

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.

Continue reading →