Articles Posted in Serious Injury

Truck accidents often result in severe injuries and fatalities due to the massive size and weight of commercial trucks. When these accidents are caused by the negligence of truck drivers, victims have the right to seek compensation through personal injury claims. A crucial component of a successful claim is a thorough and meticulous investigation process. This article explores the various stages of evidence gathering, the role of accident reconstruction experts, and how these experts contribute to pursuing a claim for injuries in a truck accident.

Evidence Gathering in Truck Accident Investigations

A – Pre-Litigation Evidence Gathering

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.

16On March 29th, the Ultra Music Festival returns for its 20th year but with a new location at Virginia Key on Key Biscayne a barrier island in Miami.  A new location brings with it new challenges—especially regarding getting to and from Ultra.

This year parking will not be available at Ultra and patrons are being provided the options to use ride share applications (Uber/Lyft) or free shuttles provided by Ultra.  With only one roadway on and off Key Biscayne, known as the Rickenbacker Causeway, it is going to be crucial for Ultra-festival goers to 1) download Uber or Lyft apps or 2) be aware of Ultra’s free shuttle service and its locations.

Uber and Lyft will only be available to get you and your friends to Ultra, and you can simply enter “Ultra Music Festival” into your Uber and Lyft app to get to Ultra or a transit hub which has been set up by Ultra.  Uber and Lyft can get you to Ultra but are not going to be available once you are at Ultra.  For this reason, Ultra is providing free shuttle service to one of three locations.

Roads-TrafficIt can happen anywhere, at anytime. You and your family could be having a wonderful time out at a store, then tragedy happens. A car spins out of control and crashes into a storefront. The unfortunate truth is that this happens more than you would think.

According to a study conducted by the Storefront Safety Council, an automobile crashes into a building at least 60 times each day. These crashes cause almost 500 deaths and over 3,600 injuries each year.

The Storefront Safety Council is a non-profit organization that is made up of volunteers from differing backgrounds who wish to find a way to lower the high number of cars crashing into storefronts. The Council particularly favors putting barriers in front of stores to prevent the crashes.

hospital-300x200If you have been in a large city recently, you may have noticed a lot of people riding around on electric scooters. The trend is sweeping across the United States, with large companies investing millions of dollars and dropping hundreds of dockless electric scooters in cities across the nation.

The electronic scooter companies are aiming to reshape how people get around cities by creating a new era of environmentally friendly micro transportation. Bird and Lime are two of the largest electronic scooter companies in the United States, each with valuations of $2 to $3 billion.

The appeal? Both companies offer fairly cheap and convenient services. It costs just $1 to rent an electronic scooter, plus 15 cents per minute. There is no docking station, which means that riders are allowed to just “drop” their electronic scooters as soon as they are done with them. Moreover, the companies require that each rider is at least 18 years-old, and technically requires the riders to use a helmet, although enforcement of the helmet rule is difficult to police.

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:

proof3-300x200Miami 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.

South Florida residents are about to get a solution to the infamous Florida congested traffic, as Brightline officials have announced that they are going to offer the region an alternative to the jammed roads. It is an intercity express train service that aims to connect South Florida cities within a one-hour commute. In the beginning, they will serve only the route between Fort Lauderdale and West Palm Beach. Miami will be added soon. Eventually Brightline has plans to expand further into the Sunshine State. A Miami – Orlando route is scheduled for 2020.

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All Aboard Florida, a subsidiary of Florida East Coast Industries, developed Brightline. This is the first ever privately-owned train service initiative in the United States in the 21st century, and only the first in the country in 25 years. The last one closed in 1983, when Rio Grande Zephyr ceased operating between Colorado and Utah.

Now, the old-fashioned way of transport is making a comeback in Florida, giving passengers all the advantages of the old vibe travel along with several modern amenities, such as free Wi-Fi internet, fully automated bathrooms, among others.

A Buca di Beppo restaurant was sued by a customer who was seriously injured when he swallowed a broken mussel shell. The trial court in Broward County initially granted the defendant Buca’s motion for summary judgment which was reversed by the Fourth District Court of Appeal based on the application of the “reasonable expectation” test to the facts of the case.

Now the customer is entitled to a jury trial and our personal injury lawyers at the Miami office of Wolfson & Leon firmly believe the 4th DCA got this one right.

Linguine Frutti di Mare with the Broken Mussel Shells

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