MIAMI BEACH - On November 21, 2012, in Cevallos v. Rideout, 37 Fla. L. Weekly S739a, Case No. SX09-2238 (Fla. 2012), the Supreme Court overturned the lower court’s decision that the presumption that the accident was the rear drivers fault could not be rebutted. So, yes, you can sue the…
Miami Personal Injury Attorney Blog
Miami Beach Slip and Fall Accidents – Lawyers Must Show Notice
We are Miami Beach Personal Injury Lawyers and handle slip and fall or trip and fall cases against local businesses. A slip and fall negligence case against a property owner is a “premises liabilty” case. In such a case, the owner’s liabilty stems from his, her, or its ownership of…
Who Pays Costs in Personal Injury Rear-end Automobile and Fall Down Cases?
(In Miami Beach, Miami, Aventura, Coral Gables, Wynwood and Miami-Dade, Broward, Palm Beach Counties.) Whether we undertake representation of an individual in a fall down, rear end collision, or any other negligence case, it is usual for us to expend costs on behalf of the client. The contingency contract of…
Trip or Slip and Fall on Miami Beach – Owners have a Duty to Maintain
Personal injury lawyers and attorney’s who handle slip and fall or trip and fall cases treat and call them “premises liabilty” cases. That just means that a person or company’s liabilty arises out of their ownership of land, property, or “premises”. It could be a renter, owner, lessor, or lessee.…
Hit by a Car on Miami Beach
Recently, we closed a case involving a lovely woman, our client, who was hit by a car on Miami Beach. She was crossing Pine Tree Drive and headed West on 41st Street (also known as Arthur Godfrey Road). The Northbound light on Pine Tree Drive was red. And our client…
Hurt on the Job – Can You Get More than Just Worker’s Compensation Coverage?
In Florida, if you get hurt on the job, you can seek medical expenses and lost wages / earnings through your employer’s worker’s compensation insurance. The law requires all employers who are not very small companies to carry the insurance coverage that would pay only for your medical bills and…
Government in Florida Must Hand over Copies or Pay Attorney’s Fees
If we take your case, investigation will be a big part of finding out what happened. Getting the evidence we need to prevail in a slip and fall, trip and fall, medical malpractice, or car accident case is important. One way we do so is to utilize public records law.…
Defendant No-Show Testifies by Paper
If you are in a car accident, slip and fall, or are injured in any other accident and your case goes to trial in Miami-Dade, Broward, or Palm Beach, we will want to cross-examine the Defendant at trial. But what if he or she didn’t show up? While it may seem…
Rear Ended Vehicle Usually Wins Liability / Fault Issue
Every case has two parts: liability and damages. And, to win your case before a jury, you have to prove both by the greater weight of the evidence. In fact, if you cannot show liability, the jury does not even consider damages. Your Miami Car Accident Lawyer explains: The practical impact of…
Choice of Law — First Party Uninsured Motorist — State of Contract Formation
Uninsured Motorist cases are founded in contract law. Uninsured Motorist cases are lawsuits against a person’s own insurance company to recover those damages caused by someone who did not have insurance or who did not have enough insurance. Usually, it is as a result of a car accident. But Uninsured Motorist cases…