Personal Injury

JUROR SAFETY AND IDENTITY THEFT

December 21, 2015 | Wolfson & Leon

A mistrial was declared in Broward Circuit Court when several jurors voiced concerns about their personal safety from a criminal defendant and his supporters. The jurors were also worried about identity theft because of their personal information being in the public record. The jurors’ fears and concerns, while rare, were indeed valid.

idtheft

The mistrial was declared on the second day of trial because the defendant could not be assured of a fair and impartial jury. The defendant had been charged with second-degree murder for shooting someone outside a Davie, Florida pool hall. Jury selection lasted two day and 180 potential jurors were interviewed before selecting eight jurors for the trial. On day two of the trial, one female juror asked a question that ultimately caused a mistrial. She asked Broward Circuit Judge Jeffery Levenson if her personal information, such as her name and address, was part of the public record that could be viewed by anyone. Later other jurors told the judge that they were also concerned with whether their personal information was secure from not only identity thieves but from the defendant and his supporters. The mistrial was declared and the trial was reset for early 2016.

This incident involves two issues – juror safety and identity theft. As for juror safety, jurors’ identities are generally known to everyone. Usually, a juror will not be asked about their race, religion or sexual preference. They will be asked about what neighborhood or city they live and work in. They can be asked about marital status, family members and even what magazines or websites they like. Jurors can be asked to sit for a criminal or civil case. In general, jurors are not anonymous except in rare high profile criminal cases. In most criminal cases, potential jurors are concerned about their safety from the defendant and his/her supporters but that issue is usually handled in jury selection. Juror safety concerns are almost exclusively reserved to criminal trials because of the nature of the proceedings. The defendant is charged with a crime, often a violent one, and as a result is in danger of losing their life or liberty. Juror safety concerns in criminal trials is of paramount importance to the judge, the lawyers and to the system itself.

2 Possible Options Following an Accident with an Uninsured Motorist

October 6, 2015 | Wolfson & Leon

Car accidents can be costly, particularly if you sustain serious injuries or property damage during the process. There are thousands of collisions in the United States each year, and the National Highway Traffic Safety Administration estimates that car wrecks in 2010 cost the country up to $1 trillion due to loss of life and lost productivity.

The personal costs of a car accident can be high, as well, and many people who sustain injuries will attempt to claim compensation from the negligent driver. If the driver has sufficient insurance, the claim process can be relatively straightforward, but it may get more complicated if he or she is uninsured or underinsured.

If you were in a crash with an uninsured or underinsured motorist, call Wolfson & Leon. We can handle the legal work so you can focus on your own recovery and get your life back on track.

Two SUVs Crash in Miami, Killing One

March 5, 2015 | Wolfson & Leon

Many people believe SUVs offer greater protection for their passengers in car crashes, but this is not always the case. When high speed is involved, there is a likelihood of injuries for passengers in most vehicle types.

A recent crash reported in Miami shows just how devastating a crash between two SUVs can be. The Miami Herald reports that one person died and two others were seriously injured when the driver of an SUV lost control of his vehicle and crashed into another SUV traveling in the opposite direction. The second SUV spun out and crashed into a light pole, narrowly missing a Miami-Dade bus.

Officials described the crash as extremely violent with debris littering the street. It happened at approximately 11 a.m. on Northwest 22nd Avenue.

Two Deadly Pedestrian Accidents Make Headlines in Florida

March 5, 2015 | Wolfson & Leon

In 2013, there were more than 420,000 criminal traffic citations on the state of Florida’s roads, according to the Florida Department of Highway Safety and Motor Vehicles. Incidents that fall under this category of infringement typically include driving under the influence, reckless or negligent driving, fleeing, or racing on a highway. Non-criminal moving citations in the state, for the same period, total more than 2.2 million. These typically include minor speeding, traffic light violations and stop sign violations.

It is obvious, therefore, that there are a significant number of incidents on the state’s roads each day, and as recent stories in the news highlight, these figures are particularly concerning for pedestrians.

If you have been injured in an accident, even if you were not in a vehicle at the time, you may be entitled to compensation. Depending on the circumstances specific to your accident, a Miami personal-injury lawyer at Wolfson & Leon, LLP we may be able to assist you in this process. There is no reason why you should struggle with your injuries on your own. Call us today at 305-285-1115 for a free consultation with an experienced personal-injury lawyer.

Florida Bicycle Accidents Leave Injuries, Fatalities

March 5, 2015 | Wolfson & Leon

Bicycle crash statistics in Florida are shocking, and each year, thousands of cyclists are killed or injured on the state’s roads. Recent figures released by Florida Highway Safety and Motor Vehicles indicate that there are more than 4,500 non-fatal cycling accidents involving motor vehicles per year in Florida.

The impact of these accidents is far-reaching, and if you are a cyclist, it is important that you know your rights, especially when it comes to negligent drivers.

If you have been involved in an accident, your best approach is to work with a qualified personal injury lawyer who can advise you on the process. Wolfson & Leon, LLP has been representing accident victims since 1963, and we have the expertise to fight for maximum compensation. Call us today at 305-285-1115 to set up a free case evaluation.

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.

“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.

Family Hires Personal-Injury Lawyer After Cosmetic Surgery Leaves Miami Teen In Coma

February 21, 2014 | Wolfson & Leon

About one year ago, a Miami mother went in for a breast-augmentation surgery. She was healthy, fit and described as vivacious. Complications during surgery caused her to lapse into a coma. After suffering brain damage, she is now excited when she is able to move her feet or string more than a few words together.

The Miami Herald reports that Linda Perez’s family is filing a medical-malpractice lawsuit against the surgeon who performed the breast augmentation. As the news of the impending lawsuit spread, new details have emerged about the surgeon and Perez’s current physical state.

Her Parents Were Advised To Take Her Off Of Life Support While She Was In A Coma

Parasailing Accident Victim Hires Personal-Injury Attorney

January 28, 2014 | Wolfson & Leon

Alexis Fairchild and Sidney Good, both 17 years old, were excited to spend a vacation in Florida together. The two best friends were having a blast at the Treasure Island Resort and decided to conquer their fears by going parasailing for the first time. Unfortunately, poor weather and the proximity of the anchor boat to the shore led to a horrific accident that made news all around the world.

The accident, which occurred six months ago, began when the parasailing company, Aquatic Adventures, tried to reel the girls back into the boat, but strong winds prevented them from doing so. When they were hit by a sudden gust, the tow rope broke and the girls were pulled toward the shore by the wind.

Witnesses on the beach broke out their cameras, capturing the horrific ordeal as it unfolded. The girls slammed into an apparent building and struck a power line before falling onto a car.