Lawsuit & Litigation

Recovering Condo Fees

December 8, 2019 | Wolfson & Leon

IMG_3839-e1557784756413 The 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.

The Truth About Traumatic Brain Injuries

May 13, 2019 | Wolfson & Leon

brain-injury-1346331572601 Traumatic 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.

Diagnosing Traumatic Brain Injuries with Diffusion Tensor Imaging

May 8, 2019 | Wolfson & Leon

Miami-AM Much 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.

Florida Hate Crime Laws

April 9, 2018 | Wolfson & Leon

b5O_bNt_400x400 The 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:

Florida’s Crime Clock

April 9, 2018 | Wolfson & Leon

o-CRIME-SCENE-TAPE-facebook_300x300
In Florida, extensive statistics are kept by law enforcement. In theory, those statistics are used to measure performance, effectiveness and for the deployment of resources. In addition, crime statistics can be informative for political purposes. But it is always a good idea to look at any statistical analysis with a cautious eye. One must always consider what is being measured and, especially, what is not being measured. With that in mind, we look at Florida’s Crime Clock as promulgated by the Florida Department of Law Enforcement.

In the most recent version of the Crime Clock, the year 2016 is examined. Again, with a grain of salt, the results are interesting and informative. Crime clearly remains a serious problem here in Florida. Here are some of the results:

There is an aggravated assault committed every 9 minutes in Florida

Marsy’s Law – Florida Crime Victims’ Rights

February 12, 2018 | Wolfson & Leon

proof3-300x200 Being a crime victim or someone close to a deceased crime victim is a difficult and life – changing experience. The world doesn’t look the same anymore. Suffering attack on your life, personal freedom, sexual freedom, safety, property, or anything else, means that the trust in others you once had is now shaken, or completely lost. After the unfortunate event, crime victims are in a very specific mental and emotional state: at the same time, they eagerly seek for justice, and criminal procedures are overwhelming for them. While they do their best to help the investigation, it is struggling to relive the criminal event repeatedly.

Overall, the United States provides a crime victim a significant position in the criminal procedure by entitling them to many rights. Each state can widen the scope of these rights further, and they often do that. Crime victims cooperate with investigation by giving valuable information to authorities, and later testify in court, but they also have the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, so long as exercising their rights doesn’t interfere with the rights of the accused.

It might look as if victims are in a very comfortable position in criminal proceedings, but the big picture is different. If you take a closer look at the laws, you’ll notice that in the US Constitution and every single state constitution have enumerated rights for accused and convicted individuals. Entitling them to these rights is in the spirit of modern civilization and democratic values, as it provides for fair procedure and shouldn’t allow anyone to be convicted in unfair trials. Whereas, the US Constitution and fifteen state constitutions haven’t enumerated crime victim rights yet. While accused persons have more than twenty rights listed in the US Constitution, crime victims have none yet.

Panic Buttons for Miami Beach Hotel Workers?

January 19, 2018 | Wolfson & Leon

proof3-300x200 Miami Beach could be the next town to promote usage of handheld panic buttons for hotel workers. Following the example of other cities, including Chicago and Seattle, hotel workers could be provided with an alarm for protection against sexual harassment and assaults. The proposal aims to introduce a portable panic button that will be connected to the hotel security system. In case of an assault or harassment, the push of the button will inform the security about the attack and will allow them act as expected.

Although sexual harassment and assault has always existed, now people speak about it louder than before. This issue has been put under the carpet for very long, but now many sexually harassed people raised their voice against predators. The #MeToo movement obviously encouraged many victims to speak out about things they’ve been silent about for various reasons. It added fuel to the smothered fire, making changes imminent. Panic buttons for hotel workers are just one of the changes that must be addressed.

Miami hotel workers understand that sexual harassment is very common in their everyday work. Acts vary from seemingly innocent compliments to massage requests and open sex requests. Hotel workers live under stress that the next guest they meet might behave inappropriately. Being mostly women and working alone are not the only reasons why hotel workers are particularly vulnerable to harassment.

Watch What You Sign or Suffer the Consequences

August 23, 2017 | Wolfson & Leon

proof3-300x200 It happens all the time. You go to an amusement park. You go to a tumbling facility for children. Maybe you take your kids to a horseback riding facility. Perhaps you’re even at one of those trampoline places where everyone jumps around with socks on. And this could even happen at a doctor’s office. What is it? Signing papers without reading them first.

What happens if you don’t get to do what you want unless you sign a piece of paper? It seems unfair that you could be stuck and held to an agreement that you signed in that sort of a situation. But when you sign something you need to read it. In fact, in all the situations above, if you sign away your right to sue if somebody else does something wrong and hurts you, then you can’t sue them no matter if the other person is negligent.

In fact, if the agreement says that you are releasing the location or person or company from any of their own negligence that means you can’t sue them if they’re negligent. Seems pretty straightforward. But nobody reads these agreements. Even lawyers will fail to read them. But you should think carefully about whether or not to even want to go forward with the activity. Because even if the other side is negligent, if you sign that paper, you can’t sue them.

Why People Hire Lawyers After Car Accidents

March 29, 2017 | Wolfson & Leon

While you enjoy the insurance company commercials on television, you should also keep in mind that insurance companies do more than just advertise. They invest significant amounts of money in studying you and your behavior, actions and tendencies. One area that the insurance industry is most curious about is why people hire personal injury lawyers after car accidents.

The standard belief within insurance companies is that personal injury lawyers increase the cost of claims. Insurance companies measure the average cost per paid claim. This category is referred to as claim severity. Other measurements that every insurance company relies on include frequency and loss costs. Insurance industry executives are convinced that car accident attorneys negatively and significantly impact all claims costs and that results in higher premiums.

So, it is natural that insurance companies would spend some of their research and development money on trying to figure out why so many people hire lawyers after a car crash. Veterans in the industry believed for years that delays in processing claims often led people to hire attorneys. But a recent study brings that belief into question.

Personal Injury Mediation in Miami

July 26, 2016 | Wolfson & Leon

court-room-300x198 If you have a personal injury lawsuit in Miami, sooner or later you will likely end up in mediation. So what is mediation? It really doesn’t involve deep measured breaths, closing your eyes and focusing inward (although that might help during an actual personal injury mediation). Florida law and Rules of Civil Procedure provide for and encourage settlement of all legal disputes. The primary format for alternative dispute resolution in Miami is called mediation.

What is a Personal Injury Mediation?

Mediation is a basically a settlement conference with an impartial third party called a mediator who is trained and certified. It usually takes place at a neutral location like the mediator’s office. The parties to the lawsuit attend with their lawyers. Often in personal injury mediation, there is an insurance company involved. The insurance company will usually have a claim representative or adjuster attend the mediation with the insurance defense attorney. Some insurance companies will have designated field representatives who attend all the mediation conferences in the particular jurisdiction. On other occasions, an adjuster will attend the mediation by phone or Skype. In order to attend by phone or Skype, the parties would need to agree. If the parties do not agree, then a motion to allow the adjuster or representative to attend by phone can be filed with the court and a judge can rule on the issue. Typically in a Miami personal injury mediation, the parties will agree to allow the insurance company representative attend by Skype of conference call.