Miami Personal Injury Attorney Blog

Top Three Ways to Lose Your Personal Injury Case

May 5, 2016 | Wolfson & Leon

court-look-300x300 If you have a personal injury case, you might feel that you have no control. Everyone else has the power – the attorneys, the insurance company, the judge, or the jury. But that is not entirely true. You do have some power. You have the ability to avoid the mistakes that can cause you to lose your personal injury case. It doesn’t matter if you were injured in a car accident, truck accident, slip and fall, motorcycle accident or any other type of serious injury. In every personal injury case, there are missteps you should avoid.

So what are those mistakes? Based on the experience of our Miami personal injury attorneys here are the top five:

1. NEVER TELL A LIE

MIAMI PERSONAL INJURY LAWYER – SOUTH BEACH TOWING CLASS ACTION LAWSUIT WILL FAIL

May 2, 2016 | Wolfson & Leon

No Parking A member of the well-known Miami Mas Canosa family has filed a class action lawsuit against Tremont Towing because his car got towed from a private parking lot during non-business hours. He claims that the towing company violated Miami-Dade County and City of Miami Beach laws requiring private property owners to authorize every tow with a signature. The lawsuit alleges that Tremont Towing cannot operate under a blanket request to tow vehicles without specific individual approval. The class action lawsuit also alleges that the City of Miami Beach gets a percentage of the tow fees and, as a result, the City is also named as a defendant. While taking such a position is popular (everyone hates towing companies until you need one), it is wrong and the class action lawsuit should be dismissed.

The County law clearly states that certain sections of the County’s towing laws do not apply in any municipality that has adopted and maintains in effect ordinances or regulations governing the same matters. Miami Beach has adopted its own local towing ordinance, including procedures for the removal of trespassing vehicles from private property. It specifically states that during non-business hours, a towing company does not need permission from the property owner to tow vehicles that are illegally parked. The lawsuit admits that the Plaintiff trespassed on the subject property for at least one hour and a half on an early Sunday morning. However, there appears to have been no business open during the hours that Mr. Mas illegally parked his vehicle and was towed. In other words, Mr. Mas’ vehicle was towed during non-business hours.

Tremont Towing attorney Ralph Andrade told the Miami Herald that he is confident that the class action lawsuit will be dismissed.

How Daubert Standard Affects Miami Car Accident Cases

May 2, 2016 | Wolfson & Leon

courtroom-300x225-300x225 According to the Florida Bar, the Daubert Standard has a large impact on the admissibility of expert witness testimony. Relatively recent changes to Florida’s laws impact how victims seeking damages and recoveries can use expert witness testimony to support their cases. Many personal injury cases employ the testimony of expert witnesses, such as doctors, to explain to judges and juries the nature of a victim’s injuries and to show damages. Expert witnesses can explain to a judge or a jury expected recovery times, expectations regarding long term care, and can help personal injury lawyers justify the amount of money they are seeking for compensation on behalf of their clients. The defense is likewise permitted to hire expert witnesses to support its own claims.

Yet, the revised standards for expert witnesses may change the way auto accident lawyers go about choosing their witnesses. Florida courts use the Daubert Standard. According to Cornell University Law School, the Daubert Standard is an assessment made by a judge to determine whether an expert’s testimony is based upon scientific reasoning and valid scientific study. The judge will often ask several questions about how an expert witness went about presenting evidence. First, the expert witness’s technique must be testable and must have been tested. Secondly, the judge will consider whether any evidence or expert testimony has been subject to peer review. Next, the judge will ask about possible margins of error, and whether controls were used in any studies. Finally, the judge will consider whether the methodology or results are accepted in the scientific community.

These standards significantly raise the bar for expert testimony presented in a case and they also limit who can present expert testimony. Expert opinion, on its own, is no longer allowed. Previously, courts used the Frye test, which required that statements being made in court meet the standards of general acceptability in the field to which the person belongs. The Daubert Standard can have immense implications for certain personal injury lawsuits. For example, in a case where a worker is claiming that workplace stress led to a miscarriage, the victim suing will have to present relevant studies to the court to show how stress on the job, or how stress in general, can result in a miscarriage. If the victim wants to use an expert witness, the victim will have to find an expert witness who has performed studies on stress and miscarriage or who has worked on the studies, to testify in court.

The Florida Public Records Act and You

April 24, 2016 | Wolfson & Leon

Gavel1-300x232 Did you know that Florida has a Public Records Act? Don’t worry, most people don’t. But the fact is that Florida has a very strong public record law. This week the Florida Supreme Court confirmed that policy with emphasis.

Florida has a strong public policy in favor of open access to public records. It’s the policy of this state that all municipal, county and state records remain open for copying and inspection by any person. By law it is the duty of each agency to provide access to public records.

Transparency is the cornerstone of our system. The government works for the people. The government spends the peoples’ money. Therefore, the government should work in the sunshine and the people should have open access to public records.

HOW LONG WILL MY CASE TAKE?

April 23, 2016 | Wolfson & Leon

proof3-300x200 One of the most asked questions we hear at Wolfson & Leon is “How long will my Miami car accident case take?” or “How long will my slip and fall case in Miami take?” The answer depends on the facts of your case. It also depends on the type of case as well as a number of other factors.

How Long Do I Have to File a Lawsuit?

The first question is who is responsible? If it was a governmental agency, then you will have to give that agency 6 months’ notice that you intend to file a lawsuit. You have to wait 6 months to file suit or it will be dismissed.

The Best Way to Settle Car Crash Claims With Small Policy Limits in Miami

April 22, 2016 | Wolfson & Leon

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If you are in a car crash in Miami, an immediate concern is whether the other driver has any insurance at all. If they do, then the question becomes just how much insurance is there. The amount of the policy limits may well determine whether your claim gets settled.

Insurance policy limits are usually offered in single and aggregate limits. There is a single amount that any one person can claim. Then there is a total amount that the insurance company will pay for any one accident no matter how many claims are made. For example, policy limits could be listed as 10/20. This means that the insurance company could pay up to $10,000 for one person’s claim. If the car crash involved five people, then the insurance company would pay no more than $20,000 for any claim made. If all five people were injured, no one would get more than $10,000 and the insurance company would pay no more than $20,000 total for the car crash claims.

In cases where there is a potential of multiple claims and small or low policy limits, an insurance company should hold a “global” settlement conference. All individuals with possible claims should be invited. The conference should be held as quickly as possible. Typically, an insurance company attorney will conduct the meeting and tell everyone that they are there to resolve all or as many claims as possible. The claimants and their personal injury attorneys are then encouraged to reach an agreement as to how to divide the limited amounts of insurance. Insurance representatives usually attend these “global” settlement conferences with a checkbook and releases for the claims that can be settled. Lastly the insured person or persons are also invited to attend but they rarely appear.

Effects of Miami’s High Rates of Uninsured Citizens on Personal Injury Law

April 18, 2016 | Wolfson & Leon

According to the Miami Herald, Miami will soon be facing a serious public health crisis that could overwhelm its hospitals and raise costs. Under the Affordable Care Act, Medicaid eligibility is expanded to all low-income qualifying adults. However, Miami’s legislators failed to expand coverage, leaving as many as 567,000 residents without insurance. Florida will receive less federal funding this year as a result of the decision. Yet, for Miami-Dade residents and hospitals, state legislated decisions may hit close to home.

For instance, trauma hospitals who treat car accident victims will lose an estimated $241 million this year in crucial funding. The actions of legislators also have an impact on auto insurance and on victims of personal injury in car accidents. Jackson Memorial Hospital, which takes the uninsured, will likely be facing increased pressure in the years to come to both treat the chronically ill and those injured due to trauma in car accidents. One in four adults in Florida are in poor health.

Florida drivers are required to pay higher rates for auto insurance, making Florida’s insurance rates among the highest in the country, with state residents paying the country’s 4^th highest premiums. Floridians must carry Personal Injury Protection coverage, whether or not they have medical coverage. Personal Injury Protection coverage pays for medical expenses for accident victims if they don’t have sufficient medical coverage.

Motor Bike Accident Kills NFL Player in Miami—What Are the Personal Injury Risks of Motorcycles?

March 25, 2016 | Wolfson & Leon

Motor Bike Accident Kills NFL Player in Miami—What Are the Personal Injury Risks of Motorcycles?

An NFL player was killed recently when his motorbike crashed into a car in Miami. The fourth-round NFL player was riding his Honda dirt bike when he collided with a Ford Escape. The Honda dirt bike allegedly did not have headlights. Fox News reports that motorcycles must have headlights in order to legally operate on Miami roads. If the motorbike didn’t have headlights, the driver may have been in violation of the law.

While this accident is a tragedy, motorcycle riding and motorcycle deaths are increasingly becoming a risk that affects more middle-aged riders. According to the New York Times, almost half of all motorcycle riders killed in 2006 were over age 40. About 25% were over age 50. Many blame the increase in injuries to the weakening of laws requiring helmet use. While many states still require mandatory helmet use, the federal government relaxed its requirement that states implement helmet laws in order to receive highway money.

How Technology is Changing Our Understanding of Personal Injury Law in Miami, Florida

March 21, 2016 | Wolfson & Leon

Technological advances are changing the way lawmakers think about car accident law and about traffic regulation. According to the New York Times, companies like Google know more about traffic patterns and driving behavior than the regulators who are put in charge of solving the city’s problems. In a city like Miami, where traffic leads to accidents and causes endless gridlock, the New York Times reports that cities are calling upon technology companies to help solve their traffic problems.

The federal Department of Transportation recently announced a partnership with the company that owns Google to provide city officials with traffic data to help them better solve problems of gridlock, traffic jams, and accidents. The hope is that with the better data, the cities will be able to find more efficient ways to move goods and people.

Part of the work will involve the anonymous analysis of billions of miles of trips logged in smartphones. The hope is that better tools will be developed to help cities understand where congestion is highest and how these problems can best be solved. Information about where commuters are going can also help city planners find better solutions to common gridlock problems. Computer models may also be able to help city planners find solutions that actually work. For instance, they can model whether a carpool lane would help alleviate congestion, or whether it makes more sense to build a new train line.

Car Accident Lawyer Discusses What To Do If Facing a Wrong-Way Accident in Miami

March 10, 2016 | Wolfson & Leon

Experts report that wrong-way crashes are becoming more frequent on Miami, Florida highways. With traffic gridlock increasing, with the city becoming more urbanized, city officials are having trouble maintaining roads and fixing roads to prevent wrong-way accidents. Among the many causes of wrong-way accidents, poor signage and roadways that fail to properly direct traffic are noted. The New Times reported on a study performed by the Florida Department of Transportation that found that among the wrong-way accidents that took place in Florida, 21 percent were in Miami-Dade.

Worse, the alarming frequency of these accidents, puts more drivers at risk of death and injury. According to one study, wrong way accidents are 100 times more likely to be fatal. USAttorneys.com recently reported about a wrong-way driver who crossed a median, leading to five deaths. The accident also left two people seriously injured.

In many cases, wrong-way accidents occur due to another driver’s error. Yet, is there anything Miami, Florida drivers can do to prevent the deadly and serious effects of these devastating accidents? Our Miami car accident lawyer offers four things you can do, if you face a wrong-way accident.