Miami Personal Injury Attorney Blog

Accident Lawyer Discusses Four Ways Personal Injury Victims Harm Their Credibility and Put Their Recoveries at Risk

November 9, 2015 | Wolfson & Leon

If you’ve been injured in an accident, you may be facing a range of new concerns—from lifestyle changes related to your injuries to lost time at work and medical expenses. The last thing from your mind may be your social media posts or that golf accident you had two years ago. Yet, if you are seeking representation from an accident lawyer in Miami to receive a recovery for your injuries, your social media use, prior injuries, and even the kind of medical care you receive can have a huge impact on the outcome of your case. Here are five things to be aware of if you’re in the process of working with or finding a car accident attorney.

Disclose all prior injuries. You must let your attorney know about any injuries you may have suffered before your accident—even if they are minor. If these injuries come up in court and aren’t previously disclosed, they can hurt your case. An extreme example of this was recently reported in the Miami Herald. A man won a $184,429 personal injury recovery, but had this verdict thrown out when it came to light that he had sustained injuries when he was tackled by police officers after taking a drunken golf cart joyride through the city.
Avoid posting to social media. Anything you say in social media may be used against you—whether or not it pertains to your case. Even an innocent vacation photo can impact how a judge or jury perceives your claim. You can significantly damage even a straightforward case if you post the wrong picture or say the wrong thing. Your best bet is to avoid social media until your case is over. Or, if you must post something, pass it by your lawyer first.

HOW CAN I GET THE VIDEO OF MY SLIP AND FALL?

November 9, 2015 | Wolfson & Leon

If you slip and fall at Publix, Target, Walmart or most large retailers, chances are your fall was videotaped by a store surveillance system. You probably think this is a good thing because then everyone can see what happened. Not so fast.

Most major retailers have closed circuit video surveillance systems for two main reasons. First is theft prevention. The second, and equally important to the retailer, is to defend against premises liability claims. Under the current law, these stores typically object to producing the video until AFTER the claimant has testified under oath and that decision rests with the trial judge.

The decisions on the issue have evolved over the years. Originally the Florida Supreme Court said that defendants could withhold video surveillance tapes until after the plaintiff testified. The video in question was taken after the accident occurred and while the claim was pending. This is the type of video taken by the private investigator hiding in the bushes.

CHIROPRACTOR WINS $14.5 MILLION AGAINST GEICO

November 9, 2015 | Wolfson & Leon

A chiropractor and his wife were awarded $14.5 million in their lawsuit against GEICO in Miami-Dade County. The jury’s verdict was based on a December 2004 highway collision with an uninsured motorist. Dr. David Zucker and his wife filed their lawsuit in 2006 and finally received their verdict over 9 years later.

The jury found in favor of Dr. Zucker and awarded him damages for:

$767,740.00 in Past Lost Wages: The amount of money he lost as income because of the crash

ACCIDENT WITH AN UBER DRIVER: WHAT DO I DO?

November 2, 2015 | Wolfson & Leon

What can an Uber passenger do if they are injured in a car accident? The answer is not nearly as easy as getting an Uber ride.

First thing you should do if you are in an accident with an Uber or Lyft driver in Miami is call an attorney. Why? Because the insurance questions for Uber and Lyft remain unanswered. In fact, a lawsuit was filed by taxi companies against the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) to force the state to answer questions about the minimum insurance requirements for Transportation Network Companies (TCNs). In a Sept. 17 order, Judge George S. Reynolds III of the Second Judicial Circuit Court for Leon County said the state agency must respond within 40 days to a complaint filed by two Florida taxi companies.

In short, most TCNs have one million dollars in coverage while the driver is connected to the app. But that coverage only applies after the driver’s personal auto insurance is used. The problem is most personal auto insurance exclude coverage for accidents that occur when their policyholder are “driving for profit”. It will take an experienced attorney to find the correct source for compensation of your medical expenses, loss of income and injuries.

MOTORCYCLE ACCIDENTS – LOOK TWICE SAVE A LIFE

October 29, 2015 | Wolfson & Leon

Two motorcyclists were killed in a crash last night in the Florida Keys. The accident involved a vehicle and a motorcycle and resulted in a fatal left turn collision. This unfortunate tragedy further emphasizes the need for awareness of the “Look Twice Save a Life” campaign.

The last four words any driver should ever say are “I never saw him”. Rider Smart Florida, a safety organization, provides top ten list of what all car and truck drivers should know about motorcycles:

1	More than 50% of all motorcycle crash fatalities involve a car. A majority of the time, the vehicle driver , not the motorcyclist, is at fault. There are more vehicles and trucks than motorcycles, and some motorists don’t cognitively notice a motorcycle and they “ignore” it (usually unintentionally).
2	A cycle, because it is small, can be unseen in the blind spot of a vehicle or covered by the background or objects outside of a car (fences, bushes, bridges, etc). Take an extra minute to look for motorcyclists, whether you’re turning at intersections, changing lanes or backing up.
3	A motorcycle can look farther away than it actually is. It can also be difficult to determine a motorcyclist’s speed. When looking to make a turn in an intersection or out of (or into) a driveway, assume a motorcyclist is closer than it appears.
4	Motorcyclists will often slow down by rolling off the throttle or downshifting, and by doing this the brake light is not activated. Try to allow for more stopping distance, even 3 or 4 seconds. At intersections, assume a motorcycle will slow down without any visual warning.
5	Motorcyclists often change lane position to minimize the effects of wind, passing vehicles, and road debris as well as to be seen by drivers more easily. Try to keep that in mind and to understand that motorcycles change their lane position for a reason, not to be careless or to show off or even to let you to share the lane.
6	A motorcycle’s turn signals are generally not self-canceling. Therefore some motorcyclists (beginners in particular) will forget to turn the the signal off after a lane change or a turn. It is best to be certain as possible that a motorcyclist’s signal is for real.
7	One of a motorcyclist’s better values is maneuverability. This is particularly true at lower speeds and in good road conditions. However don’t expect a motorcycle to always be able to get avoid any danger.
8	Stopping distance for motorcyclists is about the same as it is for cars. But slippery or wet pavement makes stopping fast very difficult for everyone. We should all allow more following distance behind a motorcyclist because it is impossible to always stop suddenly.
9	Look at the motorcyclist and see the guy or girl under the helmet – it could be your relative, neighbor, or friend.
10	Keep in mind, when a driver crashes into a motorcycle, bicycle, or pedestrian and causes death or serious physical injury, that driver will likely never forgive themselves.

If you or a loved one were injured or killed in a motorcycle crash, you should seek the assistance of a motorcycle accident lawyer. Wolfson & Leon is a Miami personal injury law firm located in Miami, Florida. The trial attorneys at Wolfson & Leon offer assistance to all motorcycle and car accident victims in Miami, Florida. If you are suffering from injuries sustained in a bicycle, car or motorcycle accident, call Wolfson & Leon. If you do not recover, you pay no attorneys’ fees. Schedule a free initial consultation today by calling us at 305-285-1115.

JURY SAYS GEICO FAILED

October 29, 2015 | Wolfson & Leon

A jury told GEICO to pay $9.6 million because it failed to help its own policyholder settle a claim following a fatal accident. When an insurance company pays its policy limits that does not settle the case. Insurance companies have to try to get a release for its policyholder whenever it can. That is the duty it owes to the people who pay for their insurance.

James Harvey was insured with GEICO with $100,000 policy limits. He had crashed his Hummer into motorcyclist John Potts and killed him. GEICO sent a check for the $100,000 policy limits to the attorney who represented Mr. Potts’ estate. The estate’s attorney properly requested GEICO to make Mr. Harvey available to answer questions about any other assets he might have to compensate the estate. GEICO said no and advised Mr. Harvey to not give a statement.

The GEICO adjuster ignored the estate’s attorney. If GEICO had allowed and encouraged Mr. Harvey to provide asset information to the estate attorney, then the estate would have executed a release for the $100,000 policy limits. After weeks of no response from GEICO, the estate filed a wrongful death lawsuit against the GEICO insured and obtained an $8.47 million verdict against Mr. Harvey.

Personal Injury Law Questions to Ask If You’ve Been in a Car Accident in Miami

October 23, 2015 | Wolfson & Leon

If you’ve been in a car accident in Miami, whether the accident is large or small, you may have many questions. Victims face a range of challenges on the road to recovery. Paying medical bills can be difficult, especially if you have had to miss time at work. Determining the degree of negligence or fault is an important first step that your insurance providers or personal injury lawyer in Miami will have to make before you can collect a recovery.

Your car accident will likely be investigated by the police, by your lawyer, and by insurance adjusters. If you’ve been in an accident and wonder whether you might be entitled to compensation for your injuries, here are ten important questions to ask. Of course, the answers to these questions are no replacement for hiring a personal injury attorney in Miami.

If your accident took place at an intersection, did the other driver hit you while making a left turn?

Car Accident Lawyer Gets $11.5 Million for Miami-Dade Drag Racing Victim

October 16, 2015 | Wolfson & Leon

Two Miami-Dade women suffered serious injuries in an alleged drag racing accident. According to the Daily Business Review, their auto accident attorney was able to secure them an $11.5 million award in damages. Both women suffered collapsed lungs, among other injuries, including broken ribs and fractures. The drag-racing driver had been speeding through a residential neighborhood.

Drag racing has been glamorized in films and in the media, but the practice is incredibly dangerous—not only to the drivers who participate in this high-risk activity, but also to other drivers and pedestrians who happen to be on the road. Miami recently found itself in the national media spotlight when Justin Bieber was arrested for drag racing. Despite having to pay heavy fines and take courses, Bieber faced no jail time.

Miami is not the only place where drag racing has taken its toll on lives and families. ABC News reports of a deadly drag racing accident that killed five spectators in Maryland.

FLORIDA SUPREME COURT TELLS STATE FARM TO PAY UP

October 16, 2015 | Wolfson & Leon

EVIDENCE OF FUTURE MEDICARE BENEFITS AT IS NOT ADMISSIBLE AT TRIAL

State Farm took a father and his developmentally disabled adult son to the Florida Supreme Court and lost. The son was hit by a vehicle while riding his bicycle in 2007. Since he was disabled, his father, as his parent and natural guardian, sued State Farm for uninsured motorist benefits in the case of Joerg v. State Farm.

Before the accident, the son was entitled to Medicare benefits because of his disabilities. At trial, the father and son asked the trial court to prevent State Farm from telling the jury about his benefits under Medicare and Medicaid. The trial court agreed with the father and his son. After a four day trial, the jury awarded a total of $1,491,875.54 which included $469,076 for future medical expenses. State Farm appealed the case all the way to the Florida Supreme Court.

WHY IS MY CAR INSURANCE SO EXPENSIVE?

October 16, 2015 | Wolfson & Leon

Everyone who owns and operates a registered vehicle in Florida is required to have Personal Injury Protection (PIP) insurance. According to Florida Statute § 627.736, for a person to be eligible for PIP medical benefits, those injured in a motor vehicle accident must seek initial services and care from specified providers within fourteen (14) days after the motor vehicle accident. Medical benefits up to $10,000 are available for “emergency medical conditions” diagnosed by specified providers, and up to $2,500 for non-emergency medical conditions. In addition, the law specifically excludes licensed acupuncturists and massage therapists from being reimbursed for medical benefits. Chiropractors cannot make the determination that a patient has suffered an emergency medical condition but are authorized to provide treatment to PIP insureds.

The insurance companies hate to lose. We all know that. In PIP they complain about fraud and Plaintiff attorneys all the time without ever mentioning the enormous premiums collected. But one thing is certain – insurance companies are always looking at the bottom line.

Over the years, insurance companies followed one version or another of “delay, deny, defend”especially in PIP. It is simply the same pig but with different dresses. The routine defense in PIP was to win on the pleadings not with juries. However, many insurance companies began to believe that the judges who decided the cases on the pleadings were largely selected by the Plaintiff’s Bar. This belief was supported by selective background research and typical corporate thinking. As a result, a new strategy emerged.