Miami Personal Injury Attorney Blog

Doctor, Healthcare Service and Medical Center Face Wrongful-Death Lawsuit

March 5, 2015 | Wolfson & Leon

A recent case involving the death of a 78-year-old male, Kenneth Steadman, while under the care of a Florida medical center has brought serious medical malpractice claims back to the spotlight. In this situation, as reported by The Ledger, the elderly male died from complications involving an issue with blood clots in the lungs, or pulmonary thromboembolism.

Subsequent to an investigation into the matter, the man’s wife, Linda Steadman, has filed a civil lawsuit against all concerned, including the doctor, Lozano Internal Medicine Clinic, the Lake Wales Hospital Corporation and Lakeland Home Care Services. The amount claimed is $15,000.

Steadman and her personal-injury attorney believe the circumstances surrounding the case are clear indications of malpractice and improper procedure being followed. Ms. Steadman claims the healthcare providers incorrectly assessed her husband’s deteriorating condition.

The Top 3 Causes of Pedestrian Accidents

March 5, 2015 | Wolfson & Leon

According to the National Highway Traffic Safety Administration, there were approximately 76,000 pedestrian injuries in 2012. However, the agency cautions that the true number of pedestrian injuries is probably far greater, because not every police department takes the time to report pedestrian accidents to state agencies. Of those injured, 4,743 died that year. Despite a variety of programs aimed at reducing the number of pedestrian accidents, the figure has only fallen by 3.2 percent in the past decade.

If you are involved in a serious car accident in Miami, let us help you seek the compensation you need to pay for medical care and lost wages. Wolfson & Leon, LLP has been providing excellent legal representation to the Miami community since 1963. You can count on us to fight to secure the maximum compensation possible in the courtroom and through negotiations with insurance companies. To arrange a free case evaluation with a personal-injury lawyer from our firm, please call us at 305-285-1115.

1. Poor Road Design

3 Bicycle Accidents Claim 2 Lives and Leave 1 Injured

March 5, 2015 | Wolfson & Leon

Fitness gurus, employers and even government health campaigns tout the same message: Commuting by bicycle rather than a car can lead to a long, healthy life, but the practice is not without its risks. According to the Department of Transportation, 726 cyclists died in car accidents in 2012.

Bicyclists are also at a higher risk of death than drivers and pedestrians. Although only 1 percent of all commutes in the United States involve a bicycle, biking deaths account for 2 percent of all traffic fatalities.

If you are one of the approximately 49,000 people who suffer an injury in a bike accident each year, we want to help. At Wolfson & Leon, LLP, we’ve spent the past 50 years representing accident victims in Miami, and you can rely on that experience in the courtroom. If you are ready to talk with a car-accident lawyer about your injuries, please call 305-285-1115.

2 Athletes Sue After Debilitating Brain Injuries

March 5, 2015 | Wolfson & Leon

A traumatic brain injury (TBI) is a very serious health issue that contributes to a high number of deaths and permanent disabilities. It is also a hot topic right now because professional athletes are beginning to display the long-term symptoms of repetitive concussions.

According to the Centers for Disease Control and Prevention, approximately 2.5 million people suffered a TBI in 2010. The Brain Trauma Foundation even claims that TBI is the number-one cause of death and disability in Americans under the age of 44.

When negligence leads to a TBI, victims often file injury claims because brain injuries are expensive and difficult to treat. If you are planning to file a personal-injury lawsuit in Miami after suffering a TBI, you’re probably looking for an experienced attorney to help you plan, file and win your lawsuit. At Wolfson & Leon, LLP, we have 50 years of experience helping Miami residents win their injury claims. To arrange a consultation with a personal-injury lawyer from our firm, please call 305-285-1115.

Family Upset by Dropped Charges Against Hit-and-Run Driver

March 5, 2015 | Wolfson & Leon

Hit-and-run cases are notoriously difficult to prosecute. This is because by the time that police are able to find the driver, they are generally only able to charge them with leaving the scene of an accident. Even if they were intoxicated at the time of the wreck, they will have time to sober before facing police. Another problem is that it’s difficult to prove that the driver knew he or she was in an accident.

The Miami Herald reports that prosecutors were forced to drop a hit-and-run case against Joy Clayton after they weren’t able to furnish enough evidence to convict her. The charges stem from an accident that led to the death of a pedestrian. Adriana Mares, a cancer survivor, had just finished having dinner and was crossing the road to her vehicle when she was struck by a car. She rolled onto the windshield and fell to the ground. Police say that Clayton was driving at the time and failed to stop.

Clayton Argues That She Had No Idea She’d Hit a Person

Truck Accident Injures Store Employee, and More Accident-Lawyer News

March 5, 2015 | Wolfson & Leon

It seems like not a month goes by that we don’t hear about a vehicle driving into a building. No one expects a car to come crashing into their home or into a restaurant, and many of these accidents are fatal.

There are several factors that cause drivers to lose control and collide with buildings. One common cause is mixing up the gas and the brake pedals while parking. Distracted driving and speeding also account for a large number of these accidents.

News 4 JAX reports that police are still trying to determine exactly what caused a tractor-trailer driver to crash into a seafood market last week. The market is generally busy, and customers line up in the front of the small store. Fortunately, no customers were there when the accident occurred. Robert Jones was the only occupant. He’d worked at the market for the past 30 years.

Florida Car-Accident News Roundup

August 24, 2014 | Wolfson & Leon

That’s a harsh reality that many Miami tourists overlook: Car accidents are common in the Magic City. According to the Florida Department of Motor Vehicles, there were 48,537 car accidents in the area in 2005. That’s an incredible 130 accidents per day. CBS News reports that a group of shoppers were confronted with the dangers of Florida roadways firsthand last week.

Authorities say that a driver lost control of a vehicle and crashed into the front of a souvenir shop. Bystanders said the crash sounded like an explosion and sent glass flying everywhere.

Emergency crews arrived to find that two people were injured in the accident. They interviewed the driver who claimed that another driver cut her off, forcing her to swerve into the store. Police remain skeptical and are attempting to recover video of the crash to determine if the driver is lying. They are also investigating other factors that may have caused the crash.

Truck Accident Causes Serious Injuries, and More Accident-Lawyer News

July 24, 2014 | Wolfson & Leon

In most accidents that involve a tractor-trailer, the blame lies with the driver of the truck. People tend to blame truck drivers because of assumptions about how little they’ve slept and how distracted they are behind the wheel.

We’ve all heard stories about truck drivers taking drugs to make unreasonable deadlines, but the truth of it is that those cases are few and far between. The majority of truck drivers are responsible, and they can certainly become the victims of negligent drivers.

A recent car accident in Florida shows exactly what happens when a negligent driver causes an accident with a tractor-trailer. First Coast News reports that the driver of a refrigeration truck was merging onto a highway when he hit a Honda.

“Can they call the police on me?”

July 22, 2014 | Wolfson & Leon

The Third District Court of Appeals recently reversed a trial court’s ruling that a bank was negligent when it mistakenly reported that the Plaintiff was a bank robber. In Bank of America Corp. v. Valladares, the Court would not conclude that the bank was liable for a Plaintiff’s personal injuries when a police officer who was called in for the suspected bank robbery kicked the Plaintiff in the head for failing to obey a command.

In doing so, the 3^rd DCA cited Pokorny v. First Federal Savings & Loan Ass’n of Largo, 382 So. 2d 678 (Fla. 1980) to emphasize that a party cannot be held liable in Florida for negligently calling the police for the purpose of reporting a crime. The test used in deciding this case and Pokorny was a balancing test, weighing an individual’s protection from abusive accusations against one’s freedom in reporting suspected criminal activity. Florida Court’s have repeatedly held that when one makes a good faith mistake in reporting suspected criminal activity he has a qualified privilege with the sole exception of malicious intent. Here, the Court has simply extended the logic of Pokorny to a good faith mistake that leads to an injury inflicted by the police.

So, if you innocently suspect criminal activity, do not be afraid to report it because there is a shield of qualified privilege protecting you from suit. And, if someone calls the police on you wrongfully, you probably don’t have civil recourse unless you were falsely imprisoned, hurt, or had other damages apart from the call.

A non-party to a suit that funds a party’s defense cannot be added as a judgment debtor once judgment has already been entered

July 21, 2014 | Wolfson & Leon

Law and public policy are often used simultaneously in determining case law. When it comes to judgments and collecting them, the law has now been made even clearer. In Miccosukee Tribe of Indians of South Florida v. Bermudez, 39 Fla. L. Weekly D1395b, the 3d DCA ultimately sided with a strong public policy argument in the wrongful death case, reversing the trial court’s judgment that allowed the plaintiff to add the Miccosukee Tribe as a judgment debtor, and allowed the plaintiff to collect the amount of the complete previous judgment plus interest from the tribe.

The fine balance between law and public policy is loudly illustrated in this case where two members of the tribe caused the accident, which led to the death of the plaintiff’s wife, and the injury to his child and to himself. While it is blatantly obvious that the plaintiff deserves compensation resulting from the court’s final judgment, the two members of the tribe assert that they have no assets. The Plaintiff recently appeared in front of the tribunal for the tenth time. And the 3d DCA decided that the plaintiff had no adequate legal basis to add the Miccosukee Tribe as a judgment debtor thereby reversing the trial court.

In ruling this way, the Third DCA relied upon three lines of authority in attempting to add the tribe as a judgment debtor, however the strongest of the three, which holds that a nonparty to litigation that funds and controls vexatious litigation can be added as a party for purposes of paying costs and attorney’s fees, was readily distinguishable from the fact pattern in Bermudez.