Articles Posted in Personal Injury

As a South Florida personal injury firm our office reviews and handles hundreds of cases yearly.  Every so often we are faced with a client/claimant who is afraid to file a claim because they are afraid of a rate increase.  What should you do when faced with this scenario?

Will your automobile insurance premiums jump up after you’re in an accident and make a claim? If you were not to blame for what happened, then the answer is easy. No. This is true even if you are injured in the accident and you file an insurance claim to cover your harm.   In a rear end collision the driver who is rear-ended should not experience or be assessed a rate increase.

If you are partially or completely at fault you may experience a rate increase as a result of the accident.  An example of partial fault is an intersectional collision that usually will be determined to have been caused by the negligence of drivers involved.

What can be more exhilarating than the wind through your hair and the adrenaline rush of a chopper hugging a country or deserted road?  Very little beats that thrill.  Unfortunately, the hazards of motorcycling might outweigh the fun riding one can be.  As a Miami Motorcycle Accident Attorneys, our firm has seen the aftermath of one of the less fortunate riders.  As a long-time resident of Florida, I am constantly amazed at how unaware of the surroundings many of our senior citizens are.  An 18-wheel tractor trailer “came out of nowhere.”  Translation – did not see a huge truck; what chance does the biker have to be seen by that very same driver.

What types of hazards are there?

Busy intersections are intersections are inherently dangerous places for all motorists, particularly when those intersections are busy. At an intersection, vehicles, pedestrians, and bicyclists are traveling across one another’s paths, often perpendicularly. In addition, while a two-way intersection is dangerous enough, many urban areas have five-way or even six-way intersections, often resulting in extremely complex traffic patterns that are difficult to anticipate.

You or a loved one has been injured through the fault of another.  Without the right team on your side, no insurance company will treat you and your claim fairly, in fact, the wrong team can create even more problems than they solve.  Some of the typical problems encountered arise right at the start of a case.  The DRG Law Firm, located in Miami, Florida will help you navigate through the following issues typical of a new personal injury case.

  • Bodily Injury (Initial Assessment)
  • Property Damage



“GOING POSTAL.”  This became a catch phrase after a series of extremely violent incidents mostly centered around the United States Postal Service.  Unfortunately, this phrase began popping up after a mind-numbing spate of workplace violence mass murders.  Why do we care and why we should care about workplace violence.

DRG Firm Insurance Claims Who Pays

Who Pays the Verdict or Settlement

In Florida Is the Insurance Carrier a Party

As a college student, I became interested in pursuing a career in law.  I consulted with my uncle and being totally naïve about personal injury I asked a series of questions.  My initial question was how people of relatively modest means were able to afford counsel for their defense.  My uncle responded by saying that most, if not all, who had counsel, likely had insurance coverage which provided a defense of its insured.   And most people in the community knew insurance was going to pay and judgments were likely higher as a result.

workers compensation personal injury lawyer miami south florida

Worker’s Compensation and Negligence Claims

An employee performing his assigned job duties can be injured by a third party who has little or no link to the employee’s business. These injury cases have special legal concerns.

In most cases, employees injured by independent third parties can file workers’ compensation claims through their employers’ insurance companies AND separate third-party negligence claims against those who inflicted the injuries.

car wreck accident south florida miami personal injury

Personal Injury Related Car Accident in Miami Increase

Recent statistics on traffic accidents in Miami area are quite surprising. As a Miami car accident attorney, it was my hypothesis that current technology in newer vehicles would result in far fewer collisions. However, this premise seems to be erroneous. Reports from the Florida Department of Highway safety and Motor vehicles relay this increase from 2014 to 2015.

It should be noted that fatalities have increased, as well.  Fatalities increased dramatically 17% from 2014 to 2015. There are about 1025 crashes throughout Florida any given according to these statistics. These daily occurrences have increased about 9%. One attributable element may be an increase in registered vehicles from 2014 to 2015. Another factor that may have contributed to the increase could be that drivers are simply driving more. Therefore, although safety mechanisms may have increased. But these safety features may be negated by an increase in exposure by drivers to the road. The more miles of the road, then the higher the risk. If you analyze this trend from 2011 to 2015, then it would appear the increase in miles traveled per driver is what caused the spike from 2014 to 2015. From 2011 to 2014 the numbers of injuries and fatalities seem static.

jury selection in personal injury lawsuit south florida and miami

The Critical Cryptical Method Called “Voir Dire”

The importance of jury selection cannot be over-estimated.  One of the great trial lawyers of the Twentieth Century opined “[n]ever forget, almost every case is won or lost when the jury is sworn.”  Clarence Darrow, circa 1936.   Juries may be selected utilizing both written questions (an example of which is included at the end of this blog), and the above-mentioned colloquy, or voir dire, between the Court, the lawyers, and the “venire” which is defined as the pool of potential jurors.  Voir Dire is a Latin term meaning “to see or speak”.

Voir dire is a legal procedure conducted before trial in which the attorneys and the judge question prospective jurors to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve.   A simple example would be an insurance adjustor who cannot separate his work-related mind-set from the case he is being asked to decide.

DRG Firm Cyberbully personal injury South Florida Miami 

Why we should care about online taunting’s newest anti-social weapon “cyberbullying?”

Why indeed!  More often than not the target is an adolescent.  A youthful individual, driven to suicide or surviving the onslaught may exhibit any number of unfortunate coping mechanisms.  The target should be considered a victim of a criminal act; very often committed by a classmate(s) or peer group.  Even more troubling is the viciousness the disconnect social media lends to the cowards of the internet, “cyberbullies.”  Suicide is the 2nd ranking cause of death for individuals 15-24 years of age – homicides ranked 3rd (Drapeau & McIntosh, 2015). Peer victimization in children and adolescents is associated with higher rates of suicidal ideation and suicide attempts (JAMA Pediatrics, 2014).

You should care.

slip and fall personal injury in south florida and miamiSlip and Falls – Ways to not make a bad situation worse in the Miami Area and Florida!

You should read this blog because a slip and fall can happen to anyone, anyplace and at any time.   For example, a bathroom at a movie theater, a department store, a service station or almost anywhere the injured party has a right to be.  The accident can be caused by a foreign substance, defect or negligently maintained premises.  Although outside the scope of this blog there are “static” and “transitory” conditions that may give rise to liability on the part of the property owner or entity in control of the premises.

A static condition or defect can be defined as something which is not inherently dangerous in and of itself.  Static conditions or defects are typically found in places where such conditions or defects are expected. Examples are cracks in sidewalks, depressed areas in pavement, manholes, curbs, drainage culverts, etc.