Articles Tagged with Injury Attorney

In a Miami-Dade jury trial, the jury will very likely want to know the answer to the following question: “Does this defendant have insurance and if so, how much?” The answer is that most defendants in personal injury trials have insurance. But that will never be disclosed in trial because of Florida law.  Now, is that entirely fair? We don’t think so. And the law used to be different. But it changed as we discuss below.

In products liability cases, defendants usually include retailers and manufacturers. Those defendants usually have insurance. In medical malpractice cases, the defendant doctors and hospital either have insurance or are self-insured. In premises liability cases, the defendant property owner is almost always have some type of insurance. But the law does not allow for the insurance company to be mentioned in trial.

There is an even more practical reason why it is safe to assume that the defendant in a personal injury trial has insurance. Personal injury attorneys work on a contingency fee meaning they do not get paid a fee unless their client recovers. There can be no recovery unless the defendant has insurance or assets. Most people do not have assets and those who do often hide or transfer those assets so that they are “judgment proof” in the event the jury decides against them. So as a practical matter, it is safe to assume that an overwhelming number of defendants in personal injury trials do in fact have insurance.

If you’ve been injured in Miami and you are an immigrant, your rights, responsibilities, and protections may be different than those afforded to citizens. While most people who have been injured seek recovery through personal injury claims, immigrants may have many factors to consider before they make the decision to pursue a lawsuit.

According to the Legal Intelligencer as many as 8 million illegal immigrants may be part of the labor force. These individuals often perform hard labor in dangerous industries, including agriculture, manufacturing, and construction. Because many workers in these industries fear deportation, they may not seek legal remedies when they are injured on the job. Immigrants who have been injured while driving also face similar challenges as they may fear taking their case to the civil court system. After all, what happens if they are asked about their legal status during a trial? Could they face deportation?

The issue is somewhat complex. In many cases, individuals who face deportation may be able to apply for parole or a stay of removal using recently-passed immigration protections. However, not all people qualify for these protections. Personal injury lawyers in Miami who are handling these individuals’ cases may sometimes refer these clients to immigration lawyers to ensure that they are protected. Attorney client confidentiality protects individuals who inform their attorney about their immigration status. Questions about immigrations status are best answered by immigration and naturalization attorneys. So, individuals who have suffered a personal injury either on the job or while driving may be wise to speak first to an immigration lawyer before they speak to a personal injury lawyer about receiving compensation for their injuries.

One person was killed and another injured when a Smart Car and a truck collided at Biscayne Boulevard and Northeast 15th Street. The accident took place at 5 a.m. on Wednesday.

According to Miami Police, the Smart Car, which was rented from Car 2 Go, caused the accident by running a red light and t-boning the Chevy Silverado truck.

According to CBS Miami, the driver of the Smart Car was rushed to the hospital and is in critical condition. The driver of the truck was treated at Jackson Memorial Hospital and was released. He suffered a spinal injury and a concussion. The Smart Car passenger died on the scene.