Articles Posted in Lawsuit & Litigation

In Florida, if you’re involved in a car accident, it can have significant consequences, including high medical bills, time away from work, and physical and emotional suffering. Florida law allows victims to pursue compensation from the at-fault driver in such cases. You can seek damages for medical expenses, lost wages, and the overall impact on your quality of life. However, it’s crucial to be aware of the time constraints associated with seeking legal remedies, as Florida’s statute of limitations applies to auto collision claims.

As of 2023, Florida’s statute of limitations for personal injury lawsuits, including auto accident cases, is two years, down from the previous four-year limit. Failure to initiate legal proceedings within this timeframe can result in the inability to recover compensation. There are exceptions to this rule, and different rules apply to child victims of car accidents, where the statute of limitations can be extended for up to seven years after the crash or two years after the minor becomes an adult.

Regarding medical treatment, there is no specific legal requirement for seeking care within a certain period after a traffic collision. However, prompt medical attention can be advantageous. The general guidelines are as follows:

Florida, a state known for its cultural diversity, holds a significant population of Spanish speakers. The importance of effective communication becomes paramount in this context, particularly when dealing with the intricate legal landscape of personal injury cases. This article delves into the indispensable role played by bilingual attorneys in personal injury cases, with a special focus on Spanish speakers residing in Florida. The spotlight shines on the accomplished bilingual car accident lawyers and slip and fall attorneys at Wolfson & Leon, a prominent law firm with multiple offices spanning Miami, Fort Lauderdale, Hialeah, Fort Myers, and Cape Coral.

Clear Communication Breaks Barriers: Effective communication forms the cornerstone of any attorney-client relationship. In personal injury cases, where the minutest detail can make a significant difference, the importance of ensuring that an attorney fully comprehends the client’s situation cannot be overstated. A bilingual attorney, fluent in both English and Spanish, can bridge the language barrier, enabling Spanish-speaking clients to articulate their concerns, recount their experiences, and grasp the legal proceedings with crystal clarity.

Cultural Sensitivity and Understanding: The value of a bilingual attorney goes beyond language proficiency—it extends to an astute understanding of cultural nuances. Culture molds perspectives, values, and behaviors, all of which can substantially impact the trajectory of a personal injury case. A bilingual attorney attuned to these cultural intricacies can effectively advocate for the client, navigating the legal landscape while respecting cultural sensitivities.

When it comes to personal injury cases in Florida, the choice of your law firm is a decision that should not be taken lightly. Your future well-being and financial stability may depend on it. Here are three compelling reasons why selecting the best law firm is paramount:

  1. Expertise and Experience: The best law firms have a team of skilled personal injury attorneys with years of experience handling cases like yours. They possess in-depth knowledge of Florida’s complex personal injury laws, court procedures, and negotiation tactics. Their expertise allows them to build strong, compelling cases that can lead to fair and just compensation for your injuries.
  2. Proven Track Record: A reputable law firm will have a track record of successful settlements and verdicts in personal injury cases. This demonstrates their ability to effectively represent their clients and obtain favorable outcomes. By choosing a firm with a history of success, you increase the likelihood of achieving a positive resolution for your claim.

If you were injured or lost a loved one in a condo collapse accident, then you will want to find the top condo collapse accident attorneys that you can find. You will want to call the best Miami personal injury lawyers to help you and your family to investigate the accident and pursue full, fair, and complete compensation from all responsible parties. Does that mean you need the biggest personal injury firm to represent your interests? Not necessarily. You need the best personal injury law firm to handle your case and represent your interests. At Wolfson & Leon in Miami, our personal injury attorneys and wrongful death lawyers have defended the rights of the injured and the families of those lost since 1963. That is 58 years of helping injury victims in Florida. Call now for your free consultation at (305) 285-1115. Wolfson & Leon never charges a fee unless they make a financial recovery for you.

The time after any accident is very important. In the case of a condo collapse accident with injuries and death, every minute is crucial. The investigation will be extensive and will include condominium accident experts examining architectural designs and plans; engineering processes; materials used in construction; maintenance records; and code violations. Any condo collapse personal injury lawyer will need to be prepared to spend the time and the money to get the answers needed to hold the responsible parties accountable. Finding and retaining the best condo collapse personal injury attorney in Miami as soon as possible will likely be in your best interests. The personal injury legal team at Wolfson & Leon is standing by to answer your questions at absolutely no cost. Call (305) 285-1115 right now – we can help.

Surfside Condo Collapse

court-roomOn February 20, 2020, the Third District Court of Appeals reversed the grant of summary judgment in a Miami slip and fall case. In Williams v. Ryta Food Corp., 3rd District Case No. 3D19-0126, the Third District reversed Judge Abby Cynamon’s ruling in the 11th Circuit.

At the trial court level in Miami, Judge Cynamon struck a witness affidavit presented by the Plaintiff in opposition to a motion for summary judgment.  Judge Cynamon relied on a case commonly relied upon by Defendants to strike affidavits.  That case, Ellison v. Anderson, 74 So. 2d 680, 681 (Fla. 1954), contains a ruling from the Florida Supreme Court that “a party when met by a [m]otion for [s]ummary [j]udgment should not be permitted by his [or her] own affidavit, or by that of another to baldly repudiate his [or her] previous deposition so as to create a jury issue.”  Id.  And, because Judge Cynamon struck the affidavit, she found there to be no issues as to any material fact regarding actual or constructive notice.  Thus, because there was no evidence that the Defendant had actual or constructive knowledge of the purportedly dangerous condition, per Florida Statute 768.0755(1), Judge Cynamon granted Summary Judgment against the Plaintiff.

In the instant matter, the Third DCA noted that, while Ellison is the law, a “party may file a subsequent affidavit for the purpose of explaining testimony given at a prior deposition, provided the explanation is credible and not inconsistent with the previous sworn testimony”.  Ouellete v. Patel, 967 So. 2d 1078 (Fla. 2nd DCA 2007).  In the instant case, the Third DCA noted that the original witness testimony regarding the substance was that it was clear and that the witness did not know its origin.  The subsequent affidavit described the puddle of water as “very long” and noted that there were “several track marks or footprints going in both directions”.  The Third DCA pointed out that this did not baldly repudiate the prior testimony.  Rather, there were only two prior areas of inquiry and the area that the new affidavit touched upon had not been previously asked or testified to.  They also pointed out that there was a video showing that the area of the alleged substance had not been looked at for about 20 minutes.  And, in a footnote, the Third DCA mentioned that “For good reason: the judicial landscape is littered with reversals of summary judgments where Ellison has been misapplied” Id.

Miami-AMEvery year, more and more people are deciding to make the move to South Florida. The small strip of coastline positioned between a swamp and the Atlantic Ocean provides year-round summer weather and plenty of sunshine. With such a small area that millions of residents call home, space can be limited. When the demand is high and supply is limited, the prices go up. The South Florida housing market has been well known for being the most expensive in Florida overall.

Residents looking to buy property will generally have to pay a higher price tag in South Florida than they would in other parts of the state for a similar property. If we focus in on Miami and the surrounding areas, it is estimated that the median home value is around $335,000. With families or individuals looking for a home, but cannot afford the luxury of owning a home, their only option is to lease. According to reports, an estimated median for rent in Miami is around $1715 a month. The high costs are another factor, but if we combine this with the availability of space, people must find a home that is affordable and available. With most of the land in South Florida already developed, the only place to add housing is upward. That is why condominiums have become a huge factor in being able to house so many people in such a small space.

Since 2012, reports state there have been 20,000 condo units built or planned for building along the South Florida coast. Condominiums have become a staple for the surrounding areas and the availability provides an easier housing solution for individuals and small families. As attractive as they have become, deciding to live in a condominium comes with several factors. One cannot simply just rent a condo and move in. Individuals that decide to lease or purchase a condominium, must apply and be approved to live in the unit. This application and approval process comes with a fee that can differ depending on the association and property management group. This fee can encompass several services, such as background and credit screening, move in and move out charges or even a general management fee. This appears to be a normal process, but what if the fee that is being paid is not only high in price but also is against the law.

IMG_3839-e1557784756413The Florida Condominium Act was invoked to protect tenants and consumers from being charged unfairly by property management companies and associations. The act was established in 1963 and has been updated several times since then, with the latest provision being in 1992. When establishing such an Act, the intentions are to keep protections in place and provide a fair marketplace for home buyers. The issue arises when an Act is established but is not enforced. This leads to price gouging and taking advantage of unsuspecting buyers.

To own property in the South Florida housing market is not for everyone, as the price tag and median costs are above many consumers’ budgets. That is why a majority of investments in South Florida property comes from foreign individuals or out of state residents. If a consumer is not a resident of Florida, the most advantageous property to own is a beautiful condominium. These luxurious condos are coveted by the local South Floridians as well, but just because you’re from South Florida, does not mean you receive any special treatment.

When a person or family would like to lease, purchase or transfer a condominium, they must pay a fee to cover the services rendered. The fee can be stated as the move in or out costs, background checks or even simple transfer fees. Most times these typical fees range anywhere from $150 to potentially $500. A key factor to understand is that the Florida Condominium Act mandates that this said fee has a cap of $100 per person. So, if this is the case, South Floridians are left wondering why associations get away with charging higher fees that are against the current law.

brain-injury-1346331572601Traumatic brain injuries or TBIs are a serious issue in the United States. Over 1.5 million cases of TBI occur in the country every year. There are currently approximately 5.3 million people living with disabilities related to TBI. Sadly, each year approximately 155 people die from TBI-related injuries. At Wolfson & Leon, our Florida brain injury accident lawyers are available to assist and represent anyone who suffered a traumatic brain injury in any type of accident in Florida. Just call us today at 305-285-1115 and allow us the opportunity to answer your questions about traumatic brain injuries.

Traumatic Brain Injuries Caused by Accidents in Florida

TBIs occur when the brain hits the inside of the skull and there is a disruption in the normal functioning of the brain. The most common cause of TBIs stems from falls, such as a person slipping and falling in store, and banging their head on an object. However, people can also sustain TBIs from car crashes or motorcycle crashes. People can even get TBIs from objects falling on their heads.

Miami-AMMuch is happening the world of traumatic brain injuries (TBIs). More and more studies are showing that what we used to know about TBIs is completely false. The traumatic brain injury attorneys at Wolfson & Leon are paying close attention to this breaking information.

What is a TBI? Traumatic Brain Injuries are caused when a person’s brain hits the inside of their skull and disrupt the normal operations of the person’s brain. Studies have shown that TBIs are a major issue in the United States, being a leading cause of death and life-long disability in this country.

Doctors divide TBI diagnoses into three primary categories: mild, moderate, and severe. It is important to note that a person’s recovery period does not necessarily equate to a person’s TBI category diagnosis.

b5O_bNt_400x400The Miami Beach Gay Pride mission statement is aimed towards bringing together the people of the lesbian, gay, bisexual, and transgender community, as well as their allies, supporters, and friends to celebrate the incredible culture and spirit of the LGBTQ community. The event is celebrating its tenth anniversary this year and organizers expect even more than the estimated 135,000 attendees of 2017.  While much of the focus remains on enjoying the event, it is also important to remain vigilant against all forms of hate crimes. We, as a community, must always remember that no one counts unless everyone counts.

At Wolfson & Leon, our hate crime injury lawyers in Miami have helped victims who were seriously hurt since 1963. Our service to the community has always included those who were injured or worse due to hate crimes.  All too often, crime victims who suffer injuries or families who lose a loved one to a criminal act feel that there is no possible way to get any measure of justice. But in some cases, knowledge of the law and how to conduct a thorough investigation will shine the light on a potentially responsible individual or company who was not apparent at the time of the crime.

If you need additional information on hate crimes and the organizations that exist to help, we would suggest you consider the following:

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