Miami Personal Injury Attorney Blog

WHO HAS THE BURDEN OF PROOF AND WHAT IS IT ANYWAY?

January 27, 2016 | Wolfson & Leon

The short answer is “If you say it, then you prove it”. That seems fair, right? But do all cases have to be proved “beyond a reasonable doubt”? The answer is no and the reason why makes sense.

The United States Declaration of Independence declares “Life, Liberty and the Pursuit of Happiness” as inalienable rights. The 5^th Amendment offers protections to our “life, liberty, or property” noting that these rights cannot be taken from us without due process of law.

If your life, liberty or pursuit of happiness is at risk then you are most likely a criminal defendant and it is the government that is trying to take these rights from you. As such, the burden on the government should be as high as possible to protect your rights. As everyone has heard in nearly every movie or TV show, that burden is generally stated as “beyond a reasonable doubt”. That makes sense too.

CAN THE HOSPITAL TURN ME AWAY?

January 11, 2016 | Wolfson & Leon

Most people believe that if you go to an emergency room, they cannot refuse to treat you. That is not entirely true. Consider the case of the late Barbara Dawson. She died after being forced to leave an emergency room in handcuffs.

Barbara Dawson went to Calhoun Liberty Hospital in Blountstown, Florida. She sought treatment for breathing problems. Dawson was examined and discharged by the physicians. She refused to leave because she was still in pain even though the hospital staff said she was medically stable to leave. Police were called to the emergency room and she was charged with disorderly conduct and trespassing. Dawson was escorted out of the hospital in handcuffs. She collapsed as she arrived at the officer’s car. Dawson was readmitted to the emergency room. She was pronounced dead about an hour later. The Florida state medical examiner ruled that she died from natural causes due to a blood clot in her lung. Dawson’s family has retained counsel to file suit against the hospital and others who may be responsible for Dawson’s death.

In a case such as this, the attorney will investigate whether negligence or medical malpractice took place and whether it caused Ms. Dawson’s death. The investigation will include a review of her medical history as well as her care and treatment. The policies and procedures of the hospital will also be examined. One question will be whether this was an isolated incident or is it a systemic failure. If the policies and procedures place patients at risk then the danger zone extends well past Ms. Dawson.

BROKEN STAIRS, BROKEN DREAMS

January 11, 2016 | Wolfson & Leon

You have to take the stairs. You have no option. The stairs are damaged and you try your best. You fall and you are seriously injured. You aren’t sure what happened or even why. You just know that you are really hurt and don’t know what to do. Is the building owner responsible? Even if you cannot testify to exactly what made you fall? The answer is yes.

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In the premises liability case of Christakis v. Tivioli Terrace LLC, the Fourth District Court of Appeal held that it was an error for the trial court to enter a directed verdict in favor of the defendant where there was conflicting evidence as to causation. In this case, the plaintiff could not testify to what made her fall. However she did produce evidence in the form of photographs and expert testimony that the stairs were damaged. The Court ruled that the plaintiff was not building inference upon inference because the damaged stairs were proven fact through the photos and testimony. As such there was a conflict in the evidence which should be left to a jury to decide.

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If you are injured on public or governmental property or private property, you should contact a qualified personal injury lawyer. It will be vitally important to secure critical evidence to support your claim including but not limited to:

Car Accident Lawyer Investigates Wrong-Way Wrecks in Miami: How Common Are They?

January 11, 2016 | Wolfson & Leon

In the last days of December, five people were killed in a wrong-way wreck on I-95, drawing attention to the danger of wrong-way collisions on Miami roads. NBC Miami notes that, according to one FDOT study, between the years of 2009 and 2013, 280 wrong-way crashes have killed 75 people on Florida highways.

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Yet, why do wrong-way crashes take place and what can drivers do to prevent them? It is unclear why the woman responsible for the accident in late December was driving on the wrong way in the northbound express lanes of I-95.

The National Transportation Safety Board recently released a special investigative report on wrong-way driving. According to the report, alcohol and drug use are main contributing factors to wrong-way driving accidents. According to the report, more than half, and as many as one-third of wrong-way accidents involved drivers impaired by drugs or alcohol. Older drivers were also found to be more likely to be involved in wrong-way driving collisions. Drivers over 70 years of age were more likely to be in these accidents than right-way fatal driving collisions.

Miami Car Accident Attorney Discusses Ways to Stay Safe While Viewing Christmas Displays This Holiday Season

December 29, 2015 | Wolfson & Leon

‘Tis the season for eggnog, fruitcake, and driving around Miami to view the incredible holiday light displays. Yet, if you plan to drive to explore the festive displays this Christmas season, before you leave home, take some steps to keep yourself safe while driving. The displays can be distracting for the person behind the wheel and no one wants to get into an accident during the holidays. The Miami Herald recently published a list of the most stunning holiday light displays in the city. With the kids off school and many people taking time off, there’s no better time than to head out and get into the spirit by looking at these painstakingly constructed displays.

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Here are some driving tips to consider before you enjoy the holiday cheer:

Don’t drink and drive. It goes without saying, but drinking and driving is dangerous and leads to many preventable deaths and injuries each year. According to MADD, over 600 people are killed by drunk drivers every year. The cost of drunk driving fatalities is about $3.5 billion annually. These numbers don’t factor in the emotional and psychological toll that these accidents exact on victims. Lives and families are shattered by drunk drivers. Prevent a tragedy.

JUROR SAFETY AND IDENTITY THEFT

December 21, 2015 | Wolfson & Leon

A mistrial was declared in Broward Circuit Court when several jurors voiced concerns about their personal safety from a criminal defendant and his supporters. The jurors were also worried about identity theft because of their personal information being in the public record. The jurors’ fears and concerns, while rare, were indeed valid.

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The mistrial was declared on the second day of trial because the defendant could not be assured of a fair and impartial jury. The defendant had been charged with second-degree murder for shooting someone outside a Davie, Florida pool hall. Jury selection lasted two day and 180 potential jurors were interviewed before selecting eight jurors for the trial. On day two of the trial, one female juror asked a question that ultimately caused a mistrial. She asked Broward Circuit Judge Jeffery Levenson if her personal information, such as her name and address, was part of the public record that could be viewed by anyone. Later other jurors told the judge that they were also concerned with whether their personal information was secure from not only identity thieves but from the defendant and his supporters. The mistrial was declared and the trial was reset for early 2016.

This incident involves two issues – juror safety and identity theft. As for juror safety, jurors’ identities are generally known to everyone. Usually, a juror will not be asked about their race, religion or sexual preference. They will be asked about what neighborhood or city they live and work in. They can be asked about marital status, family members and even what magazines or websites they like. Jurors can be asked to sit for a criminal or civil case. In general, jurors are not anonymous except in rare high profile criminal cases. In most criminal cases, potential jurors are concerned about their safety from the defendant and his/her supporters but that issue is usually handled in jury selection. Juror safety concerns are almost exclusively reserved to criminal trials because of the nature of the proceedings. The defendant is charged with a crime, often a violent one, and as a result is in danger of losing their life or liberty. Juror safety concerns in criminal trials is of paramount importance to the judge, the lawyers and to the system itself.

MORE CONFESSIONS OF AN INSURANCE DEFENSE TRIAL ATTORNEY

December 16, 2015 | Wolfson & Leon

We are pleased to bring back, by popular demand, our anonymous insurance defense trial attorney for more “confessions”. These pieces inform and instruct clients and litigants on areas that Defense Lawyer’s capitilize on. To prepare and protect you, our clients. Because we only represent victims. Today’s topic is preparation and what every injured person can do to avoid inadvertently sabotaging their own case. While your personal injury lawyer is responsible to guard your best interests and to achieve justice, the attorney cannot do it alone. You are partners with different responsibilities. Your main responsibility is to avoid common mistakes that could end up destroying your case in front of a jury. According to our insurance defense attorney here are a few basic things to avoid:

GO TO ALL OF YOUR DOCTOR AND THERAPY APPOINTMENTS

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In teaching young attorneys how to try cases, much of the instruction centers on preparation. An important aspect of Trial Prep are timelines of events such as litigation and medical treatment. If you are able to look at the timelines individually and collectively you will often see a different picture. This view is analogous to viewing art in a museum. Look from a distance. Then walk up close for another look. Then finally return to the distant view and with the knowledge of the detailed view you will see a “third” view of the art.

#MarraigeEquality and #LoveWins The Impact on Your Personal Injury And Wrongful Death Cases

December 16, 2015 | Wolfson & Leon

In 2015, same-sex marriage was celebrated on Twitter with the hashtags #MarriageEquality and #LoveWins. Twitter released the top trending topics for 2015 recently and these very same hashtags consistently landed in the top 5 globally. Now you may wonder what this has to do with your personal injury lawyer. In fact, it could be very significant if you suffer personal injuries as a result of the negligence of another.

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As background, understand that Florida law provides that the spouse of an injured person may be entitled to money damages. An unmarried dependent can also sue for damages including a permanent loss of services, comfort, companionship and society when their natural or adoptive parent suffer a significant permanent injury as the result of someone’s negligence.

These types of damages are usually referred to as loss of consortium. In English, this basically means the loss of comfort and companionship the spouse suffers because of the injuries caused by another’s negligence. Examples include having to do more chores, going to the doctor with the spouse, not being able to enjoy the same activities the couple did before the injury, and even intimacy.

CONFESSIONS OF AN INSURANCE DEFENSE TRIAL ATTORNEY

December 16, 2015 | Wolfson & Leon

“Know your enemy and know yourself and you can fight a hundred battles without disaster.” Sun Tzu

We represent people who were injured or killed due to the negligence of another person or company. Often times, fighting for justice involves going to trial. That is why it is important to know how to represent injured people, but to also know thy enemy – the defense attorney. That is why we bring to you the “Confessions of an Insurance Defense Trial Attorney”. The following actually took place in a South Florida courtroom and provides a unique insight into the mind of a defense attorney who chooses to remain anonymous.

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The first trial witness was the plaintiff’s treating physician. He was a young orthopedic surgeon who was educated at Harvard and never missed an opportunity to let everyone know. His self-confidence knew no bounds. It wasn’t hard to imagine his mom always telling him, since birth, that he was the smartest and the best. Although he was about six feet tall, he looked like he never missed a meal and as a result, he couldn’t button his white lab coat if he wanted to.

DOES THE DEFENDANT HAVE INSURANCE?

December 16, 2015 | Wolfson & Leon

In a Miami-Dade jury trial, the jury will very likely want to know the answer to the following question: “Does this defendant have insurance and if so, how much?” The answer is that most defendants in personal injury trials have insurance. But that will never be disclosed in trial because of Florida law. Now, is that entirely fair? We don’t think so. And the law used to be different. But it changed as we discuss below.

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In products liability cases, defendants usually include retailers and manufacturers. Those defendants usually have insurance. In medical malpractice cases, the defendant doctors and hospital either have insurance or are self-insured. In premises liability cases, the defendant property owner is almost always have some type of insurance. But the law does not allow for the insurance company to be mentioned in trial.

There is an even more practical reason why it is safe to assume that the defendant in a personal injury trial has insurance. Personal injury attorneys work on a contingency fee meaning they do not get paid a fee unless their client recovers. There can be no recovery unless the defendant has insurance or assets. Most people do not have assets and those who do often hide or transfer those assets so that they are “judgment proof” in the event the jury decides against them. So as a practical matter, it is safe to assume that an overwhelming number of defendants in personal injury trials do in fact have insurance.