Miami Personal Injury Attorney Blog

Winning and Losing your Miami Florida Slip and Fall Case

June 2, 2014 | Wolfson & Leon

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similary transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.” Kenz v. Unicco, 116 So. 3d 461 (Fla. 3^rd DCA 2013). In Kenz and for the foreseeable future, a Plaintiff must show evidence that the Defendant had actual or constructive notice of the condition that caused him or her to slip and fall and be injured.

Suffering a slip and fall can be both dangerous and embarrassing. If you suffered a slip and fall because of the negligent behavior of another party, you may be able to recover damages.

To recover damages, an attorney would have to prove not only that the injured party slipped and fell, but also that the owner of the property was liable. Then, we would need to prove that it was foreseeable that the property owner’s negligence would create the danger that caused your injury.

Accident-Lawyer News: Hit-and-Run Roundup

May 29, 2014 | Wolfson & Leon

CBS News reports that South Florida pedestrians are more likely to be involved in hit-and-run accidents than pedestrians anywhere else in the nation. According to a recent report, part of the blame rests on dangerous road design that makes it more difficult for pedestrians to safely cross the streets.

The problem is only growing worse, and many Floridians are calling on city officials to redesign roads. According to Smart Growth America, 5,189 pedestrians died in car accidents during the nine years between 2003 and 2012.

Pedestrians in Florida also account for more of the overall traffic deaths than the national average. The National Highway Traffic Safety Administration reports that pedestrians make up 14 percent of traffic deaths in the country, whereas Florida’s pedestrians represent 17.7 percent of fatalities.

Can I Re-file a Wrongful-Death Lawsuit, and Other Personal-injury Lawyer FAQs

May 21, 2014 | Wolfson & Leon

Losing a loved one due to someone else’s negligent behavior is tragic. It can be even more disheartening to learn that the state often cannot file criminal charges against the negligent party, leaving the victim’s family members feeling as though they will never find justice nor closure.

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This is an incredibly difficult position for anyone involved. Fortunately, the law allows family members to take matters into their own hands by filing a wrongful-death lawsuit. These claims are often very hard on the claimants, who must juggle their grief with their desire for justice.

Accident-Lawyer News: May Is National Bike Month

May 14, 2014 | Wolfson & Leon

The League of American Bicyclists has sponsored National Bike Month since 1956, touting the activity as good for your physical health and mental well-being. Since May is Bike Month, it’s worthwhile to discuss bike safety in Florida in the hopes that increased bike traffic won’t simply lead to more bicycle accidents.

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It’s easy to imagine why accidents between bicyclists and cars often cause severe injuries. According to the National Highway Traffic Safety Administration, more than 48,000 bicyclists suffered injuries in car accidents during 2011.

Car-Accident Lawyer News: Hit-and-Run Roundup

May 5, 2014 | Wolfson & Leon

Florida has received a great deal of criticism for its hit-and-run laws. Specifically, many complain that the laws are too lenient, giving negligent drivers incentive to take their chances and flee the scene of the accident. Drunk drivers are especially likely to leave the scene because they can sober up and face little repercussions for fleeing.

The issue has become so widespread that many Floridians are so fed-up that they have been taking matters into their own hands and preventing would be hit-and-run drivers from leaving. Most of these good Samaritans follow the driver while calling the police, but bystanders of a recent accident in Fort Lauderdale took it one step further.

WSVN News reports that Ricardo Nord was speeding when he struck another car on the interstate. The crash forced the other car off the road and onto nearby railroad tracks. Fortunately, the engineer of an oncoming train managed to stop before striking the car.

Hit-And-Run Kills Child And Another

April 24, 2014 | Wolfson & Leon

Hit-and-run accidents have become a major problem in Florida. The number of drivers who flee the scene of a car accident rises every year. According to the Florida Highway Patrol, an estimated 70,000 hit-and-run accident occurred in 2012, killing about 3 people each week statewide.

There are many theories about why more people are fleeing accidents, but the most likely answer is that they face harsher charges if they stay at the scene then they do if they leave. For example, an intoxicated driver who causes an accident will certainly face a DUI by remaining to speak with police. However, drunk drivers who flee and are caught later only face a charge for leaving the scene, which carries much lighter penalties than a DUI.

In other words, they only need to evade police long enough to sober up. Drunk drivers are not the only ones causing these accidents, though.

Florida Personal-Injury Attorney News Roundup

April 15, 2014 | Wolfson & Leon

What situations do personal-injury laws cover? Put simply, anyone who suffers injuries because of the negligent actions of another party is eligible to seek compensation through a personal-injury lawsuit. A personal-injury lawyer can help clients who have been injured through car accidents, medical malpractice, product liability and boating accidents.

Oftentimes, negligence is not entirely clear-cut, and the injured party may experience difficulty determining whether or not they should file a lawsuit. At Wolfson & Leon, LLP, we believe that everyone should seek legal advice before filing a claim, so we offer free case evaluations to prospective clients.

We’ll review your injuries and the situation that led to them before letting you know if a lawsuit is warranted. With more than 50 years in the business, you can trust us to give you honest, reliable legal advice, no matter what your circumstances are.

Lawsuit Over School Bus Crash

April 8, 2014 | Wolfson & Leon

How many times have you heard the phrase “frivolous lawsuit?” Insurance companies and their lobbyists pin many of society’s problems on personal-injury lawsuits, but, under all the inflammatory phrases and exaggerated reporting, there are real people and legitimate cases that they don’t want to discuss.

For example, they probably don’t want to talk about Aaron Beauchamp and his family. This fourth grader boarded his school bus like he did every day. He fastened his seat belt along with at least 19 of his classmates and waited for the bus to drop him off in his neighborhood. He never made it home.

Along the way, Beauchamp’s bus driver accidentally made an illegal turn in front of a semi trailer. The two vehicles collided with so much force that the truck flipped over, and the bus spun across the road. By the time emergency personnel arrived on the scene of the auto accident, Aaron was dead.

No More Damage Liability Limits In Florida

April 3, 2014 | Wolfson & Leon

After a loved one dies, there is often more to worry about than just the emotional trauma of the loss. If that person was the financial provider, their family’s finances could be thrown into chaos as unpaid bills are stacked on top of medical bills and funeral costs. Personal-injury laws allow these family members to seek compensation when the negligent acts of another person or a business caused their loved one’s death.

However, since 2003, the law limits the amount of compensation that victims can receive. In practical terms, this means that a judge may award a grieving family the amount that they deserve, but the family still receives far less due to the limit. These types of laws protect large businesses from needing to pay too much after a wrongful-death lawsuit.

The Families Of Patients Who Died Due To Medical Malpractice Were Most Affected

Accident-Lawyer News Roundup: Malfunctioning Cars

March 28, 2014 | Wolfson & Leon

The media is abuzz with a new theory concerning movie star Paul Walker’s death. Professional drivers claimed that he original drag-racing story didn’t quite add up. Auto Blog relates that Roger Rodas’ peers described him as a “world class driver,” and many people couldn’t believe he would be that reckless.

Carrera GT

The new theory shifts the blame from Rodas to the Porsche Carrera GT that he was driving, citing the fact that the car has a sordid safety record and was the subject of a multi-million dollar lawsuit. Specifically, some speculate that a steering fluid leak caused the accident, citing a trail of fluid that began before the skid marks at the scene of the accident as evidence.

If You Dismiss The Theory As Unreasonable, Just Take A Look At The News