Articles Tagged with personal injury

car wreck accident south florida miami personal injury
I was hurt on a motorcycle am I entitled to PIP coverage? Considering that injuries to motorcycle riders in accidents are more likely to be of greater severity, this puts the rider at great risk of both financial and physical trauma in the event of a crash.  PIP is not available to motorcycle riders or passengers.

The driver of a car who is injured in a crash can sue for damages over and above the maximum on his PIP if medical bills exceed that amount. He may also sue for pain and suffering but only if the injury was considered permanent. This permanency threshold rule does not apply to motorcycle riders. The bike rider may seek compensation from the other driver’s insurance company without being required to pass any threshold.  PIP is not available in Florida even if the driver (or passenger) of the motorcycle has PIP coverage on another 4-wheel vehicle.

I was hurt while a passenger on a County/City Bus am I entitled to PIP coverage?  The term “motor vehicle” under which would be required to carry PIP (No-Fault Coverage) excludes from its definition buses and taxis used in mass transit.  Under this scenario no PIP would be available.  Medical bills incurred would be payable only through an individual or group health insurance policy or out-of-pocket by the injured party. Of course the threshold requirement in accident cases where PIP benefits are available is no longer an issue in these cases. What that means is there is no requirement that the Plaintiff sustain a permanent injury as defined in §627.737(2)(a-d) as described hereinbelow:

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

WORKPLACE VIOLENCE IN MIAMI FLORIDA

GOING “POSTAL” GOES NATIONWIDE

“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.

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.

Slip and fall, trip and fall cases are usually more difficult than automobile related personal injury claims.  Historically, and before the advent of surveillance technology, premises liability claims were often fertile areas of dispute.   Without video a defendant was often less likely to be found liable.

In slip and trip and fall claims there are two (2) main types, transitory foreign substances, (think banana peel) and static condition (think “worn” carpeting).  Florida has codified the elements necessary to establish a cause of action in foreign substance slip and falls by enacting §768.0755 Fla. Stat. (2010). The requirements are as follows.  In a slip and fall involving a transitory foreign substance the plaintiff must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.  Constructive knowledge may be proven by circumstantial evidence showing that the dangerous condition existed for such a length of time that in the exercise of ordinary care the business establishment should have known of the condition or the condition occurred with regularity and was therefore foreseeable.

Surveillance videos have gained popularity and many accident scenes are now routinely recorded.  It is important when involved in a slip or trip and fall that you consult with an experienced personal injury attorney.  It is critical to do this as soon as possible after the accident.  Most if not all experienced personal injury firms will immediately send a letter advising the defendant(s) to preserve any surveillance evidence and to avoid the destruction (spoliation) of any recordings, etc., it would have recorded contemporaneously at the time of the accident. Additionally, any experienced personal injury law firm will routinely send an investigator to gather evidence, photos, measurements, etc., to help bolster an injury claim.