Miami Personal Injury Attorney Blog

The Most Important Insurance Every Motorcyclist Should Get

July 10, 2016 | Wolfson & Leon

boy Motorcycle accident lawyers in Miami come across this issue all the time. What kind of insurance should I get for my motorcycle? If you own a motorcycle, the most important insurance coverage you should have is uninsured motorist coverage.

If there is a motorcycle in your life – you, your spouse, your kids, your parents, even your grandparents – then you probably understand there is a risk. Especially in Miami. If you or a loved one is in a motorcycle accident, then two things are likely to happen. The injuries will most likely be significant or even fatal. Second, there is a very good chance the other driver will have little or no insurance. Those are just facts of life. Especially in Miami.

Motorcycle accident injuries can be severe. The simple fact is as a motorcyclist, you don’t have the protections that vehicle drivers have. You are directly exposed to the impact and the elements. In some unfortunate and heartbreaking cases, the motorcyclist is killed and a wrongful death case is brought on behalf of the survivors. In almost every motorcycle accident case, the medical expenses are astronomical in addition to the lost wages, loss of future earning capacity as well as pain and suffering.

Uber Gun Policy

July 7, 2016 | Wolfson & Leon

Miami police arrested an Uber driver in Coconut Grove for selling narcotics based on a tip. The law enforcement officers were engaged in an anti-gun violence operation. They received a tip and arrested the Uber driver at a convenience store on Grand Avenue. The driver was also in possession of a gun.

One question Miami personal injury lawyers face is whether Uber drivers and riders are legally allowed to carry a handgun when using the Uber app. The official Uber policy states: “Uber Firearms Prohibition Policy – Our goal is to ensure that everyone has a safe and reliable ride. That’s why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app. Anyone who violates this policy may lose access to Uber.”

Since Uber, Lyft and other ride-sharing transportation networks are privately held companies, they can uphold their Firearms Prohibition Policies. But in reality such prohibitions are unenforced until after something tragic or horrific happens.

Top 8 Things You Should Know About Testifying as an Expert Witness

June 21, 2016 | Wolfson & Leon

Let’s start with the assumption that you are well-educated and charming. You are board certified and have all the specialist certifications anyone in your field could hope to have in a lifetime. You love your family and your country. You know your field. People call you an expert and seek your opinion. So, does that mean you are ready to be an expert witness? Not necessarily.

The Miami personal injury lawyers at Wolfson & Leon have worked with experts in Florida for more than 60 years. Here are the top 8 things our attorneys say you should know about testifying as an expert witness:

You are what your records say you are. If there are any public records that might prove embarrassing, you can rely on a decent trial lawyer to find them. Understand that part of trial work is investigating the witnesses. That includes civil and criminal records; any state or federal records that are available; and even the property appraiser. If you are going to be an expert in court, then you should make sure your online presence in social media is pristine.

The Chinese Menu Defenses In Premises Liability Trials

June 12, 2016 | Wolfson & Leon

stairs-a18941 Most of us have ordered the specials at our favorite Chinese restaurant. You get to pick and choose from a variety of choices. Usually you pick a soup from column A. Then another choice for appetizer from Column B. Then yet another choice for the main course from Column C. You get to pick and choose. In a premises liability trial, the defense will usually present a Chinese menu of defenses and offer the jury a variety of ways to deny the injured person a full, fair and complete recovery. The Miami Premises Liability Lawyers at Wolfson & Leon deal with these defenses everyday.

A premises liability trial is usually filed against a property owner for injuries and damages. The types of premises liability cases can include slip and fall, trip and fall or negligent security. The defenses are stated in the defendant’s answer to the complaint. These defenses often include:

The plaintiff was intoxicated and therefore he/she cannot recover

How Can I Sue if I Rear Ended the Other Car?

June 12, 2016 | Wolfson & Leon

If you are driving a car and you rear end another vehicle, is it automatically your fault? The short answer is no. There are certain facts that may help you prove that the rear end car accident is not your fault.

Our Miami car accident lawyers meet with personal injury clients who were involved in rear end collisions. The question is always the same – who is at fault? So what does the law say?

When one vehicle rear ends another vehicle, the rear ending vehicle is presumed to be at fault. But that presumption is rebuttable. What does that mean? It means that even if your vehicle rear ends another vehicle, it may not be your fault.

Boating Accident Injury Lawyers in Miami

May 23, 2016 | Wolfson & Leon

image002-300x240 The Boating Accident Injury Lawyers at Wolfson & Leon have reviewed the 2015 Boating Accidents Statistical Report which was published by the Florida Fish and Wildlife Conservation Commission. The results were shocking. The Florida Keys and Broward County led the state in boating related deaths with five boating-related deaths each. If you or a loved one were injured in a boating accident, you should call the Miami Boating Accident Personal Injury Attorneys for a free consultation today at (305) 285-1115.

Boating Accident Statistics

Here are the important facts you should know when it comes to boating safety in Florida:

Insurance Companies Blame Rate Hikes on Low Unemployment

May 22, 2016 | Wolfson & Leon

Lynne McChristian of the Insurance Information Institute recently told the Miami Herald that auto insurance rates are rising because of the drop in the unemployment rate as the main reason. “It’s an unintended consequence of low unemployment,” she said. “You have more people with jobs to go to.” That’s a new one for Miami car accident lawyers and their personal injury clients.

Four years ago, the Florida Legislature allegedly reformed the PIP (Personal Injury Protection) laws. As part of the reform deal, our insurance rates were supposed to drop. Car insurance rates dropped after the 2012 changes by 0.2% in 2013-2014. But in 2015-2015 those rates increased by 13.8% according to the Florida Department of Insurance Regulation.

Since January 2015, the insurance companies have raised automobile insurance rates an average of 15%. In fact Allstate has increased its PIP rates by 40 %.

Ms. Christian claims that average PIP claim in the last quarter of 2015 was $8280 which is close to the average in 2011 of $8,520 before the PIP reforms were instituted. Of course the insurance companies claim fraud is driving the rates higher in spite of the fact that these same insurance companies pushed through the reforms they wanted.

Insurance Company Statistics are Like Bikinis

Aaron Levenstein once said “Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital.” Insurance companies are experts in using statistics to move their agenda

How to Represent Yourself in a Slip and Fall Injury Claim

May 20, 2016 | Wolfson & Leon

Filing a Slip and Fall Claim in Miami without an Attorney

First things first. You are not required to have a Miami slip and fall attorney to file a claim for injuries from a slip and fall case. You can represent yourself. You cannot represent someone else unless you are licensed attorney in that jurisdiction. If you do try to represent someone else, you could be criminally liable for practicing law without a license.

Next, you need to decide if you want to represent yourself. If you do, you need to understand what you are up against. If you were injured in a slip and fall accident, there are certain things you should know about slip and fall accidents including what to do after a slip and fall accident in Miami. If you were injured on a business owner’s property such as a mall, retail store, restaurant, boutique or supermarket then you need to think it through. Business owners are not likely to just give you money because you might have been hurt on their premises.

How to Get My Attorney’s Fee Paid by the Defendant in a Miami Car Accident Case

May 9, 2016 | Wolfson & Leon

img-box-02d Can I get the other side to pay my attorney’s fees in my Miami car accident case? The answer is sometimes, yes.

The Miami car accident attorneys at Wolfson & Leon work with the rules surrounding proposals for settlement regularly. A proposal for settlement is basically an offer to settle and either side can file one. This is the process and law that may help you get the other side to pay your attorney’s fees. Under Florida Statute 768.69 which is Florida’s Offer of Judgment and Demand for Judgment statute, during litigation a Miami car accident lawyer can send a proposal for settlement to the other side. If you go to trial and get 25% more than what you asked for in the proposal, then you can get the other side to pay for your attorney’s fees. That means that you may not have to pay the contingency fee at all.

Now, this law can be used against you too. This means that, if the other side sends a proposal to you and your end verdict at trial is 25% less than what was offered to you, then you will need to pay their attorney’s fees and costs. As far as costs, Florida law does provide for the prevailing party to recover costs from the losing side even without a proposal being issued.

Jury Divides Fault on Shopping Cart Injury Accident in Miami

May 5, 2016 | Wolfson & Leon

personal-injury-lawyer-300x168 A Miami jury split the fault in a Miami premises liability personal injury case involving a shopping cart. The plaintiff claimed Home Depot was negligent because it allowed a threshold to exist which caught a shopping cart the plaintiff was pushing. When the cart got stuck, it jerked back and struck the plaintiff . He seriously injured his neck and back as well as his shoulder. The jury awarded approximately $328,000 which was reduced by the 50/50 finding of the jury.

Generally, a property owner owes two duties to an invitee. First it owes the duty to use reasonable care in maintaining the property in a reasonably safe condition. Second, the property owner has the duty to warn of concealed or latent hazards or dangers which the owner knows about, or should have known about. The hidden dangers must also be unknown to the invitee. Finally the concealed hazard is not discoverable through the exercise of due care. A property’s owner may be discharged of the duty to warn when the hazard is open and obvious. But even with open and obvious hazards the landowner continues to have the duty to maintain the property in a reasonably safe condition.

The injured plaintiff must generally prove that the property owner had constructive or actual notice of the dangerous condition. A property owner, like Home Depot, can be held liable for injuries and damages if the hazardous condition existed for a sufficient period of time to charge the premises owner with constructive knowledge. Constructive knowledge can be inferred, or assessed, if a hazardous condition existed for long enough that in the exercise of reasonable care the concealed or latent hazard should have been known to the premises owner.