Miami Personal Injury Attorney Blog

Dental Malpractice in West Palm Beach – Pediatric Dentist Hits / Abuses Children

December 27, 2012 | Wolfson & Leon

WEST PALM BEACH – Thomas Floyd, DDS has had his license suspended. He was arrested for hitting a 4 year old patient. One mother, Shayla Barnes, reported that several of her children were abused. Another allegation was from a 7 year old girl who indicated that she was told to shut up and that Dr. Floyd stuffed a dental bib in her mouth, grabbed her by the hair, and pushed on her forehead to hold her back in the chair.

Cases like this are uncommon. And when children are involved, they are especially upsetting. Cases against dentists are subject to the notice, service, and stringent expert requirements of Florida’s Medical Malpractice Laws. Similarly, there are caps to recovery. When there is unnecessary treatment or treatment for which consent was not obtained, it is usually grounds for recovery.

Now, many times, especially in dental cases, lawsuits are not warranted because the damages do not live up to the amount of time and money that needs to be invested to pursue a case for dental negligence. However, in such a case, one can file an administrative complaint against the dental practitioner’s license. To file a complaint with the Board of Dentistry like many of the parents (about 50 or so) did against Dr. Floyd, go to http://doh.state.fl.us/mqa/enforcement/enforce_home.html.

Homestead Rear End Accident – City at Fault and Pays $68,000.00

December 23, 2012 | Wolfson & Leon

HOMESTEAD – An on-duty Homestead police detective rear-ended a Chevy Malibu back in November of 2011. The cop was driving a Chevy Silverado truck which hit the Malibu from behind. The Malibu then hit another car in what became a three car accident.

Aparrently one person went to the hospital from the scene. And the injuries complained of in the accident consisted of neck pain. The Homestead City Council voted to accept the resolution of the case on Wednesday, December 19, 2012.

Lawsuits against City Government are governed by Florida Statute. Government has “sovereign immunity” that can be waived only by the legislature and in the manner set forth by the Legislature. The Florida Legislature waived such immunity with limits to recovery, specific notice requirements, and service requirements. Florida Law requires notice to the governmental entity within three years of the acident and two years for a wrongful death case And, no lawsuit can be filed until six months after notice is given. A lawsuit must be filed within 4 years from the accident if it is a personal injury negligence case. And, the current limits on recovery against a City or other governmental entity are $200,000.00 per person and $300,000.00 per accident.

Hollywood Truck Accident on Turnpike – Good Samaritan Saves Life

December 21, 2012 | Wolfson & Leon

HOLLYWOOD – A pickup truck caught fire with a trapped passenger on Tuesday, December 18, 2012. It happened on the Florida Turnpike. 20 year old Evan Hanna ran to the scene of the accident and saved the life of the driver of the truck. The truck accident happened when the truck went off the northbound lanel, hit a fence, and struck two parked cars before finally crashing into a house. The accident happened just after 1pm.

Now, people worry sometimes that if they try to help and they make a mistake, they could be liable for any damage they cause. But don’t worry, because Florida has a good samaritan law that tracks common sense and gives immunity from any civil liability for trying to help under an emergency situation. We will cover that in another post.

Second Amendment – Right to Bear Arms and Our Collective Safety

December 20, 2012 | Wolfson & Leon

MIAMI BEACH – Certainly, guns and the right to bear arms will always be a topic of heated debate. With everything that has been said and opinions abound, it is interesting to simply read the Constitutional amendment from which any debate must begin.

The Second Amendment was adopted on December 15, 1791 along with the rest of the Bill of Rights. It was ratified by the Secretary of State, Thomas Jefferson. It provides that:

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

New License Plate Chosen in Online Poll – Legibility of Plates Helps Catch Hit and Run Drivers

December 19, 2012 | Wolfson & Leon

MIAMI BEACH – Following a poll, Floridians have chosen a new license plate tag. The poll was done online. The plates have seven characters so that the State does not run out of combinations to distribute. Highway Safety Chief Julie Jones Jones pushed for flat plates so that red light cameras could see them easier. Apparently, a good number of red light violations cannot be substantiated because the cameras cannot read the raised letters and numbers. But the group PRIDE opposed her. PRIDE manufactures the plates with help from inmates. Apparently, they do not have the technology to make a flat plate.

There were quite a bit of complaints about the plates. A photo is attached. They don’t look so bad to us. The main point of a license plate is so that police and others can identify a vehicle. License plates become important following hit and run accidents. Many times, witnesses on the scene write down a plate of a car that hits other cars or pedestrians. Then, the police or a private investigator tracks down the runaway driver. Leaving the scene of an automobile accident with injuries is a crime. But it happens often. The new plates appear to be more legible. From a safety and accountability standpoint, that is all that counts.

Hialeah Hit and Run – Pedestrian Dies from Accident Injuries

December 19, 2012 | Wolfson & Leon

HIALEAH – Sadly, a woman died Tuesday in a pedestrian accdient. She was hit by a truck. The woman was walking on a sidewalk when the accident happened. The accident happened when a truck went up onto the sidewalk and crashed into the woman who was walking. After that, the truck proceeded to go flying back into the street, smashing into a schoolbus. The schoolbus had 16 children on it. The children were unharmed.

Pedestrian accidents like this are devastating. The woman was on the sidewalk and not even on the roadway. The accident happened in front of a shopping center at the intersection of West 16th Avenue and West 53rd Street. When vehicles leave travel lanes and cross into areas where people are walking, personal injuries are often devastating. In this case, the victim lost her life. There is really no way to prevent many accidents like this if you are the pedestrian.

Even if someone is off of a sidewalk or not in the crosswalk, it does not mean that the accident was solely his or her fault. While there are specific laws that govern where pedestrians are supposed to walk which are set forth in Florida Statute 316.130, those who are driving a car have the ultimate requirement to avoid hitting pedestrians. After describing a pedestrian’s duty to abide by traffic laws and walk in appropriate places, Florida Statute Section 316.130(15) provides that “[n]otwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”

Christmas Tree Fires – Statistics and Avoidance

December 18, 2012 | Wolfson & Leon

MIAMI BEACH – This post is about your safety around the holidays. Nobody wants there Christmas tree to burn. You don’t need insurance claims or, even worse, injuries. But it happens. And, it is an easy way to ruin Christmas. But we found some suggestions to prevent this from happening. And some statistics to motivate you to be a safe Christmas tree handler! The National Fire Protection Association reports that:

Between 2006-2010, U.S. fire departments responded to an average of 230 home fires that started because of Christmas trees each year. The fires caused an average of 4 deaths each year and 21 injuries. The total yearly economic loss associated with Christmas tree fires is reportedly $17.3 million in direct property damage.

While Christmas tree fires on not common, they can be very serious according to the National Fire Protection Association. In fact, one out of every 66 reported fires that began with a Christmas tree resulted in death. According to the National Fire Protection Association, one in about five or 18% of fires started due to a heat source too close to the Christmas tree. Another nineteen percent of home Christmas tree structure fires were intentionally set. And about three quarters or 75% of the intentionally set Christmas tree fires occurred in the 15 days after Christmas which makes it likely the fires were due to disposal.

ATV Accident – Woman Dies from Head Injury

December 17, 2012 | Wolfson & Leon

MACCLENNY, FLORIDA- Saturday, December 15, 2012, a woman from North Florida died as a result of a fall from an ATV that was being driven by her husband. The accident occurred, apparently, when the driver was attempting to negotiate a curve on a rural road. This happened in Hamilton County. The young woman’s death apparently occured as a result of a head injury.

Closed head injuries are usually the most devastating injuries that occur following All Terrain Vehicle (“ATV”) accidents or motorcycle accidents. The severity of the injuries usually range depending on whether or not the hurt person was wearing a helmet. It is unclear whether the woman in this case was wearing a helmet.

We are Miami and Miami Beach personal injury lawyers and have extensive experience working on ATV cases as well as motorcycle cases. We also have handled numerous wrongful death cases involving Florida’s Wrongful Death Statute. If you or a family member were hurt as result of such an accident, give us a call and we will give you a free evaluation. If you call us, you can speak to an attorney that will discuss your case and be happy to explain the law firm’s experience handling similar matters.

Should I Buy Rental Car Insurance?

December 14, 2012 | Wolfson & Leon

MIAMI BEACH – One of the more confusing moments in renting a car is the moment in time when the rental agent tries to sell you insurance on the rental. What should you do?

If you have insurance on your personal car and it provides rental coverage, usually the answer is “no” because it would be a waste of money. That doesn’t mean that you will be covered for everything that happnes. But, chances are that if you have your own coverage, buying additional coverage sold by the rental comapny is a waste. But read below to make sure.

The rental agencies will try to sell you two things. The first is loss damage waiver. And the second is liability insurance. There are other coverages that they may try to sell. But these two are the basics and this article is limited to discussing the pros and cons of purchasing them depending on what coverage you have.

Fatal Car Accident on Turnpike – Preserving Black Box Evidence

December 14, 2012 | Wolfson & Leon

WEST PALM BEACH – Tragically, a woman died on the Florida Turnpike Friday, December 14, 2012 near the Okeechobee Boulevard exit in Palm Beach. It happened at 5 a.m. The associated press reports that the Florida Highway Patrol said that she tried to avoid a crash in front of her but was struck by a vehicle behind her. The accident caused the southbound lanes to close.

And, The Palm Beach Post reports that a pickup truck driver hit the median concrete wall in the center of the highway. He spun and ended stopped in the road. The woman who unfortunately died was driving a Mazda and may have hit that truck or stopped just before hitting it. Then, unfortunately, another pickup truck slammed into her, in what appears to be the accident that caused her to pass away. She expired at the hospital. The first driver was also taken to the hospital. The police, Florida Highway Patrol, will continue to investigate.

We are Miami Beach and Miami personal injury lawyers and handle cases throughout South Florida. Thirty percent or more of our cases are filed outside of Miami-Dade County and we have extensive experience litigating in Palm Beach County, Broward County, and throughout the state west to Collier County and as far north as Jacksonville.