Miami Personal Injury Attorney Blog

DEFENSE EXPERTS PAID $700,000 BY INSURANCE COMPANIES

October 16, 2015 | Wolfson & Leon

Insurance companies spend incredible amounts of money to experts who regularly testify at trial. In Miami car accident cases, these experts are usually board certified orthopedic surgeons or neurologists who testify for insurance companies on a regular basis and at tremendous financial gain. However, a skilled trial attorney can expose the bias of these well paid experts and that can make all the difference in the result obtained.

The Florida Evidence Code allows any party to attack the credibility of a witness by showing the witness is biased. Florida law permits evidence of any potential bias between a party and an expert. This evidence extends to a defendant’s law firm or even the employer of that lawyer.

In Vazquez v Martinez, the court allowed evidence that proved the defendant’s experts had been paid nearly $700,000 over a three year period by the defense or its agents. The court explained: “Whether the party has a direct relationship with any of the experts does not determine whether discovery of the doctor/law firm relationship or doctor/insurer relationship is allowed. The purpose of the rule is to expose any potential bias between a party and an expert.”

Car Accident Lawyer in Miami Discusses Impact of Personal Injury Claim on Insurance Rates

October 16, 2015 | Wolfson & Leon

If you’ve been in a car accident, you may find yourself facing additional new expenses and financial burdens. Accident survivors may have to shoulder new medical expenses, rehabilitation costs, and may even miss time at work. They may have to repair or replace a car that has been damaged or totaled. On top of all these new concerns, accident victims may also worry that their auto insurance rates will rise.

Concern about auto insurance rate increases are legitimate, especially in Florida. According to the Palm Beach Post, Florida is among the top ten most expensive states for auto insurance. One of the main reasons why Florida’s auto insurance rates are so high is due to the fact that Florida requires individuals to have Personal Injury Protection insurance. This insurance pays for medical expenses for injuries sustained in an accident.

It is difficult to predict if, or by how much your auto insurance may go up after you’ve been in an accident. But, it is important to understand that a personal injury claim could protect you from having to shoulder additional expenses and it can also help establish negligence in court. If you were not negligent in an accident, not only is the other driver responsible for expenses, but the likelihood that your insurance will significantly rise following the accident decreases. Whether your insurance goes up after an accident depends largely on complex algorithms used by insurance providers, which take into account everything from driving history, your location, credit history, and who was at fault in an accident if an accident has taken place.

Slip and Fall Lawyer in Miami Discusses Facts to Consider As You Seek Legal Advice

October 6, 2015 | Wolfson & Leon

According to the Centers for Disease Control, every year, slip and fall injuries cost Americans close to $34 billion for medical and hospital expenses. Older adults are more prone to the most serious injuries resulting from slip and falls, though individuals at any age can suffer broken bones, head trauma, or other injuries as a result of a slip and fall. When falls occur, there is a 20% chance that the fall will result in a serious injury. The CDC reports that falls can cause brain injury, wrist fractures, ankle fractures, and hip fractures. These injuries can lead to lifestyle changes, result in missed time at work, and may make it difficult for some individuals to live independently.

Traumatic brain injuries resulting from slip and falls can be particularly pernicious. In some cases, it can take a while before patients experience the full range of symptoms of a head injury. Insomnia, memory loss, vision problems, changes in mood, and dizziness can all be symptoms of mild traumatic brain injury. Slip and fall victims may not be immediately aware that these changes can be linked back to their accident. This is why it is important for slip and fall victims to follow up with physicians following release from the hospital and to make sure that they are tested properly for all symptoms.

Some slip and fall victims may experience post-traumatic stress disorder as a result of their accident. They may avoid situations similar to the circumstances leading to their fall. This can lead to major disruptions in life activities. Older adults are most prone to suffer following a slip and fall because their injuries—psychological and physical—are more likely to result in a more sedentary lifestyle. A slip and fall accident can affect an elderly adult’s health years after it takes place and can even shave off years from a person’s life.

In Florida, You Can Recover Damages Even if You Are 99% at Fault for an Accident

October 6, 2015 | Wolfson & Leon

Imagine this: you’re involved in a serious car accident. Let’s further say that following the accident you were found to be largely at fault. Despite this, you face serious medical expenses, sustained injuries that will result in missed time at work, and are facing a lengthy recovery period.

Can you seek damages for your pain and suffering, medical expenses, and lost wages?

The answer is yes. Florida uses the Pure Comparative Fault rule when determining negligence and damages following a car accident.

What to Do if a Car Hits Your Home in Miami, Florida

October 6, 2015 | Wolfson & Leon

In June alone, there have been several reports of cars crashing into homes. CBS Miami reported that a car crashed into a North Miami home. While no injuries were sustained as a result of the accident, the news reports failed to mention the extent of property damage the accident caused.

In another accident, a driver drove into a supermarket, panicked, pushed on the accelerator, crashed into two cars on Northeast 6^th avenue, then crashed the car into an apartment. CBS News reports that the driver thought she was hitting the brake when she was in fact pushing down on the accelerator. The Toyota Corolla drove through a glass window, striking a 29 year old employee who sustained injuries to her side and to her head. The woman who lived in the apartment told CBS News that she would be dead if she had been in her apartment at the time of the accident.

While car-building collisions are rare, the recent rash of these kinds of accidents is a sober reminder that when these accidents take place, innocent victims suffer injuries and property damage.

Doctor or Hospital Left Something in Me

October 6, 2015 | Wolfson & Leon

If you have been operated on, one of the biggest worries a person has is the fear that the doctor might leave something in you. If that happens, usually if it is an inert object like metal, there will hopefully be less damage. Nonetheless, leaving a needle or metal object inside a person can be very painful and is simply inexcusable. As far as items like sponges, it is even worse. These sort of items can kill in very little time. If the doctor’s don’t recognize what is going on, a person can die in a matter of days from a sponge left in him or her.

a blue stethoscope liegtn in a medical book

Why does an attorney fee get deducted from my settlement or award?

October 6, 2015 | Wolfson & Leon

We understand this question. Everyone is trying to net the most they can from their settlement or award. The short answer is that it is the only way that an attorney can get paid usually is by the contingency method. Many people of means with money cannot afford to pay for an attorney to represent them on an hourly basis. If this contingency method were not allowed, then it would very well close the doors to the members of society that are not rich.

Now, that said, in some less common instances, you may not have to pay. First, this article is not about situations where you hire us to sue an insurance company that didn’t pay what they were contractually required to under the insurance contract. In those cases, if you win, the law itself provides that the Defendant insurance company has to pay your lawyer. This is about when someone hurts you and you hire us as your personal injury lawyer to recover money for your pain, suffering, etc. and we file a lawsuit.

Now, in a case against someone who hurt you, we charge a contingency fee as set forth in our contract which we can send to you if you call. In your case, we can issue a “proposal for settlement”. This means that we make an official propsoal to the Defendant. Statute 768.79 provides that if you make a formal proposal to settle a case to a Defendant that is lawful, and you proceed to trial and recover 25% more than the amount that you proposed to settle for, then the Defendant would be responsible for your attorney’s fees and costs.

How to Stay Safe When Driving to the Keys this Summer

October 6, 2015 | Wolfson & Leon

U.S. 1 is one of the most scenic highways in America. The Overseas Highway has been lauded for its vistas and its beautiful long bridges that cross miles of ocean. The highway follows Henry Flagler’s old railway—a railway many thought impossible to build when it was constructed in 1912. Today, the Overseas Highway covers 113 miles and crosses 42 bridges, according to the Florida Keys website. Every summer, tourists and locals make the journey over this highway for fun, sunshine, and maybe a fishing or snorkeling adventure. Yet, this highway is also one of the most deadly in Florida.

According to the Miami Herald, deaths on the Overseas Highway decreased in 2014 compared to prior years. The Florida Highway Patrol credits this reduction in people slowing down to avoid the consequences of a speeding ticket. The Florida Highway Patrol also credited better signage and better quality roads following construction efforts.

The Keys remain a popular overnight destination for Miami residents and visitors alike. In 2013, there were over three million overnight visitors to the Florida Keys.

4 Common Cruise Ship Accidents

October 6, 2015 | Wolfson & Leon

Miami is an incredibly popular port for cruise ship excursions. Favorable weather conditions and beautiful scenery make it one of the go-to locations for vacationers to embark on a journey with their favorite cruise lines.

Cruise ship deck exterior.

Something Fell on Me – Can I Sue?

October 6, 2015 | Wolfson & Leon

If something fell on you, and you got hurt, it might be hard to prove someone else’s negligence caused that problem. For example, maybe someone stocked a shelf and then left an item really close to the edge, too close. Then, when someone lightly bumped the shelf, it fell on you. But how do you know they stocked the shelf wrong? Now this may or not be an instance where this applies, but, sometimes, the thing speaks for itself. And this is called the legal doctrine of “res ipsa loquitur”.

Danger Falling Objects Warning Sign Isolated, black drop triangle over yellow, large macro