In the bustling city of Miami, accidents happen. Whether it’s a car collision on the Palmetto Expressway or a slip and fall incident in a local establishment, injuries can occur in various situations, often leaving victims with physical, emotional, and financial burdens. If you’ve been injured due to someone else’s negligence, you deserve full and fair compensation for your damages.

At Wolfson & Leon, our experienced team of Miami personal injury lawyers has been advocating for injured individuals since 1963, serving clients not only in Miami but also in Hialeah, Fort Lauderdale, Cape Coral, Fort Myers, and other major cities throughout Florida. With our bilingual staff and attorneys, we are dedicated to helping you navigate the complexities of personal injury claims and maximizing your compensation. You can speak with them right now by calling 305 (WOLFSON) (965-3766) or 305-285-1115.

Types of Personal Injury Claims

In the aftermath of an accident, navigating the personal injury claims process can seem like an overwhelming and daunting task. From understanding the various stages involved to meeting deadlines and communicating with insurance companies, there’s a lot to consider. At Wolfson & Leon, our personal injury lawyers in Miami are here to demystify the process and provide you with the guidance you need to pursue the compensation you deserve.

Understanding the Stages of a Personal Injury Claim

1.  Initial Consultation: The process typically begins with an initial consultation with a personal injury lawyer. During this meeting, you’ll discuss the details of your accident, injuries, and potential legal options. The attorney will evaluate your case and advise you on the next steps to take.

In Florida, property owners have a legal duty to maintain their premises in a reasonably safe condition to ensure the safety of individuals who enter their property. Some of the key duties of a property owner in Florida to keep people safe include:

1. Regular Inspections: Property owners should conduct regular inspections of their premises to identify and address any hazards or dangerous conditions.

2. Hazard Management: Property owners must promptly repair or address any hazards, such as slippery floors, uneven surfaces, or broken handrails, that could potentially cause harm to visitors.

In a tort case (GISELLE GATTORNO and DAVID IGLESIAS, Appellants, v. STEVEN SOUTO, Appellee. 3rd District. Case No. 3D23-0639. L.T. Case No. 21-22353. March 27, 2024) involving a pedestrian struck by a vehicle, the plaintiff sustained permanent and severe injuries when he was pinned between two vehicles after the defendant reversed out of a parking space. The plaintiff sought punitive damages, alleging that the driver was intoxicated when she struck him with a car owned by a codefendant. The trial court permitted the plaintiff to amend the complaint to include the claim for punitive damages. Upon review, it was determined that the trial court appropriately considered and weighed the evidence presented by both parties, acting as a factfinder and fulfilling its role as a gatekeeper. Consequently, the trial court’s decision to grant the plaintiff’s motion for punitive damages was deemed appropriate, as the plaintiff provided a reasonable evidentiary basis for such recovery.

In Florida, punitive damages serve not to compensate the plaintiff further but to penalize the defendant for wrongful behavior and to discourage similar actions by them and others in the future (Manheimer v. Fla. Power & Light Co., 48 Fla. L. Weekly D1495, 2023 WL 4919540, at *2 (Fla. 3d DCA Aug. 2, 2023), quoting Owens-Corning Fiberglas Corp. v. Ballard, 749 So. 2d 483, 486 (Fla. 1999)). Section 768.72(1) outlines that in any civil action, punitive damages can only be pursued if there is sufficient evidence in the record or presented by the claimant to justify such damages. Essentially, the statute requires the trial court to act as a gatekeeper, preventing claims for punitive damages where there is no reasonable basis for recovery (KIS Grp., LLC v. Moquin, 263 So. 3d 63, 65 (Fla. 4th DCA 2019)). This role is crucial because punitive damages significantly impact litigation, exposing the defendant to financial scrutiny and potential uninsured losses (Manheimer, 48 Fla. L. Weekly D1495 at *2). In determining whether punitive damages are warranted, the trial court must carefully evaluate the evidence presented by both parties, weighing each party’s submissions and acting as a factfinder (Manheimer, 48 Fla. L. Weekly D1495 at *3). However, the statute does not demand that plaintiffs prove entitlement to punitive damages by clear and convincing evidence at the pleading stage, as imposing such a requirement would undermine the statute and hinder a claimant’s ability to seek punitive damages (Deaterly v. Jacobson, 313 So. 3d 798, 801 (Fla. 2d DCA 2021)).

Giselle Gattorno and David Iglesias, who were defendants in the lower court, are appealing a nonfinal order that granted Steven Souto’s motion to amend his complaint to include a claim for punitive damages. The appellants argue that the trial court made an error in allowing the amendment, stating that Souto failed to present sufficient evidence to justify the claim for punitive damages, as required by section 768.72(1) of the Florida Statutes (2021). The lawsuit stems from an incident in which Gattorno, driving Iglesias’ car, reversed out of a parking space, causing Souto severe injuries. Souto sued Gattorno and Iglesias for negligence, alleging that Gattorno operated the car negligently and that Iglesias, as the car owner, was vicariously liable.

Selecting the right personal injury law firm is a crucial decision that can greatly impact the outcome of your case. In Florida, where accidents are unfortunately common, it’s essential to have reliable legal representation to ensure you receive the compensation you deserve. However, many people make mistakes when choosing a personal injury law firm, which can have serious consequences for their case.

It is a decision that is as serious as selecting the best surgeon or specialist for your child’s critical condition. In light of the importance of making the right decision, it is informative to look at the mistakes people make when selecting the best Florida personal injury law firm for their case.

Types of Claims and Injuries That You May Need a Florida Personal Injury Lawyer

In bustling urban areas throughout Florida, children often rely on school crossing guards to safely navigate busy streets and intersections on their way to and from school. These dedicated individuals play a crucial role in ensuring the safety of young pedestrians, particularly in crosswalks where traffic can be unpredictable. However, the effectiveness of crossing guards hinges not only on their presence but also on their training and adherence to established guidelines.

In Florida, the Department of Transportation (FDOT) has outlined comprehensive School Crossing Guard Training Guidelines to equip crossing guards with the knowledge and skills necessary to perform their duties effectively. These guidelines encompass various aspects, including understanding traffic patterns, proper positioning at intersections, and strategies for safely guiding pedestrians across the street. Despite the availability of these training guidelines, instances of children being injured in crosswalks still occur. Often, these incidents highlight a critical gap in implementation: the failure to ensure that crossing guards are adequately trained and positioned to mitigate potential risks.

3 million Dollar Settlement After Child Killed in Pembroke Pines

Cruise Ship Injuries and Accidents

Cruise ship passengers may have grounds to sue for a variety of injuries depending on the circumstances. Some common injuries that could lead to lawsuits include:

  1. Slip and fall accidents: Passengers may slip and fall on wet decks, slippery surfaces, or uneven flooring, leading to injuries such as fractures, sprains, or head trauma.

Miami cruise ship accident attorneys find themselves at the forefront of an emerging trend in litigation—a trend spurred by the vibrant tourism sector of the region. With the allure of sun-kissed beaches and crystal-clear waters, Miami has long been a hub for cruise ship travel. However, beneath the surface of this thriving industry lies a complex legal landscape rife with challenges and concerns.

Cruise Lines’ Responsibility for the Sexual Assault of Passengers

Whether a cruise line is legally responsible for a sexual assault of a passenger depends on various factors, including the circumstances of the assault, the actions (or inaction) of the cruise line, and the laws governing maritime and personal injury liability. Here are some key points to consider:

Walmart, with its numerous locations across Florida’s major metropolitan areas, is a ubiquitous presence in the lives of many Floridians. While Walmart strives to maintain a safe environment for its customers, accidents can still happen. Whether it’s a slip and fall, a merchandise falling incident, or a parking lot mishap, knowing what steps to take after being injured in an accident at Walmart is crucial. In this guide, we’ll outline specific instructions and examples to help you navigate the aftermath of such accidents, along with some historical context on Walmart’s presence in Florida.

Walmart in Florida

Walmart has a significant presence in Florida, with stores located in major metropolitan areas such as Miami, Orlando, Tampa, Jacksonville, and more. Since opening its first store in the state in the early 1980s, Walmart has expanded rapidly, becoming a go-to destination for groceries, household items, clothing, and more for millions of Floridians.

Car accidents are an unfortunate reality of modern life, and they can happen to anyone at any time. If you or a loved one has been injured in a car accident in Florida, knowing what steps to take afterward is crucial to protect your health, safety, and legal rights. In this guide, we’ll walk you through the specific actions to take after a car accident, including scenarios involving driver injuries, passenger injuries, and multi-vehicle accidents.

          1. Ensure Safety: The first priority after a car accident is ensuring the safety of everyone involved. If possible, move to a safe location away from traffic. Turn on hazard lights to alert other drivers, and if necessary, use flares or reflective triangles to increase visibility, especially at night.

Example: “After the collision, pull over to the side of the road if it’s safe to do so. Check yourself and your passengers for injuries, and if anyone is hurt, call 911 immediately.”

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