Personal Injury Attorney

Cell Phone Records Not Discoverable in Personal Injury Case?

February 18, 2016 | Wolfson & Leon

January 20, 2016

Cell Phone Records Not Discoverable in Personal Injury Case Wolfson & Leon Miami

MIAMI – Recently, Judge Antonio Marin ordered that someone hand over their records, numbers, and information regarding their cell phones from six hours before the crash and six hours after an crash involving personal injury. There was an appeal. The Respondent admitted error which means that they admitted that what the Judge did was not consistent with the law. The error that was admitted was that the order violated the petitioner’s Fifth Amendment rights and constituted a departure from the essential requirements of law. Therefore, the 3^rd DCA quashed the order.

The opinion was a very short opinion and did not get into specifics as far as the specifics of the judge’s order other than requiring the production of cell phone records from the 6 hours before and after the crash. For years, Judge’s all over the state have been ordering the production of cell phone records. And those records have been the subject of trials for years. This order seems to fly in the face of those rulings. It seems that things have changed. However, the ruling is very short and basic. It would appear to us that this ruling will be challenged. Time will tell.

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.

WHY DO I HAVE TO SIGN A RELEASE?

November 16, 2015 | Wolfson & Leon

If you settle your personal injury claim, you will need to sign a release to get the money. A release basically means that you are releasing, or letting go, your claims against the responsible party. In a car accident, that usually means the owner and operator of the other vehicle as well as their insurance company. In a slip and fall injury, it would be the property owner. In a medical malpractice case, the doctor and possibly the hospital would want a release in exchange for a settlement.

Releases are covered by basic contract law. There is an offer to settle and, if agreed, an acceptance of that offer. But there must be what is called a “meeting of the minds” which means that the terms of the offer and acceptance must be agreed to by both parties. If the acceptance does not match or “mirror” the offer, then there is no agreement.

In a recent Florida case, the importance of having a “meeting of the minds” was clearly demonstrated. After a car accident, the injured party offered to settle her claim against the other driver for his policy limits with USAA Insurance Company. In addition, she offered to release her claims against the other driver. However, her attorney specifically advised USAA that she would not sign a release containing a hold harmless agreement nor an indemnity agreement. The attorney also warned USAA that any attempt to release anyone other than the other driver would act as a rejection of her good faith offer to settle.

Personal Injury Lawyer in Miami Considers Whether Bike Helmet Safety Claims Overstate Protections

November 13, 2015 | Wolfson & Leon

According to the Miami New Times, Miami-Dade is the top county in Florida for fatal bike accidents. Every year we hear tragic stories of bikers who have died as a result of a driver’s careless distraction, neglect, speed, or recklessness. When bicyclists are hit, they face more serious injuries. Without the protective chassis of a car, bikers are more likely to suffer serious head injuries. Sadly, in car accidents involving bicyclists, drivers are more likely to walk away, while bikers are more likely to face life-altering injuries. Personal injury attorneys in Miami can assist bikers who have been hit or injured.

Yet, the onus is often on bikers to keep themselves safe. Bikers are constantly reminded that they must follow the same laws as automobiles. Likewise, bicyclists are encouraged to wear helmets to help prevent head injuries. Yet, recent studies indicate that helmets may not keep bikers as safe as all the publicity for helmet use indicates.

According to Bicycling magazine, helmets were designed to prevent wearers from catastrophic skull-shattering or cracking injuries, but they are not designed to prevent bikers from concussions. The reality is that concussions can be far more dangerous injuries because they may not be immediately diagnosed on the scene of the accident. Furthermore, an untreated concussion can lead to brain damage or even death.

CHIROPRACTOR WINS $14.5 MILLION AGAINST GEICO

November 9, 2015 | Wolfson & Leon

A chiropractor and his wife were awarded $14.5 million in their lawsuit against GEICO in Miami-Dade County. The jury’s verdict was based on a December 2004 highway collision with an uninsured motorist. Dr. David Zucker and his wife filed their lawsuit in 2006 and finally received their verdict over 9 years later.

The jury found in favor of Dr. Zucker and awarded him damages for:

$767,740.00 in Past Lost Wages: The amount of money he lost as income because of the crash

Car Accident Lawyer in Miami Discusses Impact of Personal Injury Claim on Insurance Rates

October 16, 2015 | Wolfson & Leon

If you’ve been in a car accident, you may find yourself facing additional new expenses and financial burdens. Accident survivors may have to shoulder new medical expenses, rehabilitation costs, and may even miss time at work. They may have to repair or replace a car that has been damaged or totaled. On top of all these new concerns, accident victims may also worry that their auto insurance rates will rise.

Concern about auto insurance rate increases are legitimate, especially in Florida. According to the Palm Beach Post, Florida is among the top ten most expensive states for auto insurance. One of the main reasons why Florida’s auto insurance rates are so high is due to the fact that Florida requires individuals to have Personal Injury Protection insurance. This insurance pays for medical expenses for injuries sustained in an accident.

It is difficult to predict if, or by how much your auto insurance may go up after you’ve been in an accident. But, it is important to understand that a personal injury claim could protect you from having to shoulder additional expenses and it can also help establish negligence in court. If you were not negligent in an accident, not only is the other driver responsible for expenses, but the likelihood that your insurance will significantly rise following the accident decreases. Whether your insurance goes up after an accident depends largely on complex algorithms used by insurance providers, which take into account everything from driving history, your location, credit history, and who was at fault in an accident if an accident has taken place.

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.

Miami Plastic Surgeon May

October 29, 2013 | Wolfson & Leon

Last month, radio personality Betty Pino died from complications during a cosmetic procedure. Her family was left in shock and is considering bringing a medical malpractice suit against her cosmetic surgeon. Miami New Times reported that the city’s medical examiner has spoken out, criticizing the medical treatment of Pino.

After finding a cosmetic surgeon to remove silicone implants from her buttocks, her wounds became infected. Her infection spread, and she slipped into a coma.

Doctors took extraordinary measures in an attempt to save her life, but she passed away. Her family told reporters that they were deciding whether or not to file a personal injury suit against plastic surgeon Constantino Mendieta, who performed the operation.

Nine Injured in Boating Accident

June 12, 2013 | Wolfson & Leon

June 10, 2013, Miami, FL- Boating is a favored past time in Miami and the Keys; it a great way to relax and unwind, but there is always the chance a boat being involved in a collision with another vessel or running into obstructions in Florida’s busy waterways.

On Sunday, June 9th two boats making their way to a sand bar near Elliot Key collided just after 6:00 p.m. ABC news reported. Officials are unclear what caused the two vessels, a 28 ft. boat carrying 2 people, and a 36 ft. boat carrying 16 people, to collide, flinging passengers into the water.

“It was a violent collision,” Florida Fish and Wildlife Conservation Commission spokesman Jorge Pino told the Miami Herald. “We’re very fortunate no one was killed.”