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Motorcycle mishaps can result in severe injuries. If you sustained an injury in a motorcycle crash, you should not delay in calling a trusted Miami motorcycle accident attorney who understands this area of law. Our highly capable Miami motorcycle collision lawyers are committed to protecting your rights at each and every stage of the case.

A couple from Weston was recently killed in a motorcycle accident after a tire blew out on US 27. According to a friend who had been to dinner with them on the night of the tragic accident, the couple “just completed each other.” The man, 55, and woman, 57, had been together for over 10 years. Information from the Florida Highway Patrol (FHP) reveals that the motorcycle’s tire blew out around 9:45 p.m. last week. When this happened, the rider lost control of the motorcycle and both he and the passenger were thrown from the vehicle and stuck by at least three other automobiles. FHP is still investigating the crash.

Sadly, motorcycle accidents in Florida are not a rare occurrence. According to the National Highway Traffic Safety Administration’s published data, 586 people died in motorcycle accidents and related injuries in Florida in 2016. About 555 were rider fatalities and approximately 78 percent of accidents involved a blood alcohol concentration of 0.01 percent or higher.

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Dump truck accidents, like any other type of accident, can change your life in an instant. With cargo inside, dump trucks can weigh over 50 tons and can be incredibly dangerous especially when moving at high speeds. If you have been injured in a truck accident, you must contact our seasoned Miami truck accident lawyers right away. We understand the unique challenges these cases bring up, which can be the difference between winning and losing in your case.

Two people died in an Osceola County accident earlier this week after a dump truck jumped a median on US Highway 192 and entered the lane with oncoming traffic. The Florida Highway Patrol (FHP) recently released the identities of the two killed in the crash. One of the victims was a 19 year-old woman while the other was a 48-year-old man. Tragically, both were found dead at the scene.

The driver of the empty dump truck was a 50-year old who was driving on the highway around 7:00 a.m. when he approached a road. He failed to slow down while approaching and then cut across a raised median and then drove into traffic headed east. The 48-year-old victim was riding a motorcycle and struck the back of the truck. The truck then crashed into a Honda SUV being driven by the 19-year-old woman. The driver of the dump truck was not injured. The case is still being investigated and charges against the driver are pending.

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Road rage puts everyone on the road at risk of harm. All motorists have a responsibility to follow the rules of the road and make safe decisions behind the wheel. If you were hurt or lost a family member due to an accident involving road rage, our hard working Miami injury attorneys can assess your situation and offer you a range of available legal options.

Florida law defines road rage, or aggressive driving, as at least two of the following behaviors: excessive speeding, changing lanes or improper passing, tailgating, failing to yield, and failing to follow traffic signs. Road rage differs from aggressive driving in that road rage may escalate into a criminal offense, such as an assault or incidents involving weapons.

Road rage typically stems from a driver’s uncontrolled rage due to the actions of another driver. Unfortunately, the problem seems to be getting worse. According to the National Highway Traffic Safety Administration, deadly car accidents linked to aggressive driving spiked almost 500 percent in 10 years, from 80 in 2006 to 467 in 2015. In addition, Florida has had more road rage incidents involving guns than any other state in the nation. According to data from the Gun Violence Archive, between the years of 2014 and 2018, Florida had 277 incidents, the highest in the country, followed by Texas (220) and California (157).

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Florida nursing home facilities and medical professionals have a responsibility to provide competent care to all residents in the facility. Unfortunately, this does not always happen. A shocking number of nursing home residents are victims of neglect and abuse. If your loved one has been hurt while in the care of a nursing home, our skilled Miami nursing home negligence attorneys can help. For years, we have helped South Florida clients recover the compensation they need in their personal injury cases, and we can help you as well.

In April of 2012, a woman fell while in the care of a nursing home facility in Pensacola, causing a blood vessel to rupture and blood to start collecting in parts of her brain. Shortly thereafter, the woman lost her life. In 2013, the woman’s children sued the nursing home’s parent company and it’s management company. The lawsuit alleged that the nursing home had failed to follow its own care plan in an effort to prevent the woman from falling. Almost 6 years afterwards, a jury concluded that the fall killed the woman, In addition they jury also found that the nursing home was negligent in its care; specifically, in allowing the fall to happen in the first place. As such, the woman’s children were given an award of $200,000.

Between the time the lawsuit was filed and the jury’s decision, the parent company has been sold and is now operated by an entirely different company. One of the woman’s children has passed away. The management company exited the personal injury suit by direct verdict — an equivalent of a dismissal — due to a lack of evidence which directly connected its operations within the facility to the woman’s fall. As such, if there is no appeal, the nursing home’s parent company is the only party obligated to compensate the woman’s surviving children.

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All motorists have an obligation to obey the rules of the road, including passing only when it is legal and safe to do so. If your loved one was killed in an accident caused by someone improperly passing, you have legal options. We know that the untimely death of a loved one is a devastating experience, which is why we will advocate for you in a sensitive yet competent manner. Wrongful death cases are complicated so having the right attorney on your side can be the difference between winning and losing a case. As highly skilled Miami car accident attorneys, we are proficient in Florida wrongful death law and can help families determine who may be at fault and the degree of their liability.

A 26-year-old woman died following a car accident in September, 2019. The crash took place on State Road 80 in Hendry Country. Florida Highway Patrol Law (FHP) says a man and six-year-old boy were driving east on a curve in the road while the 26-year-old woman was traveling west. FHP explained that the man tried to pass slower traffic in a no passing zone. Both he and the victim tried to avoid a crash, swerving towards the shoulder but ended up hitting each other. Tragically, the woman died at the scene while the man suffered severe injuries and was rushed to the hospital.

If a person dies as a result of the negligence of another person, certain surviving family members of that deceased person may be able to sue for  wrongful death. Under Florida law, a wrongful death occurs when a victim loses his or her life as a result of someone else’s misconduct or gross negligence. To prove negligence took place, the plaintiff bears the burden of proving the following elements by a preponderance of the evidence:

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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.

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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.

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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.

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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.

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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.

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