Miami Personal Injury Attorney Blog

The Florida Public Records Act and You

April 24, 2016 | Wolfson & Leon

Gavel1-300x232 Did you know that Florida has a Public Records Act? Don’t worry, most people don’t. But the fact is that Florida has a very strong public record law. This week the Florida Supreme Court confirmed that policy with emphasis.

Florida has a strong public policy in favor of open access to public records. It’s the policy of this state that all municipal, county and state records remain open for copying and inspection by any person. By law it is the duty of each agency to provide access to public records.

Transparency is the cornerstone of our system. The government works for the people. The government spends the peoples’ money. Therefore, the government should work in the sunshine and the people should have open access to public records.

HOW LONG WILL MY CASE TAKE?

April 23, 2016 | Wolfson & Leon

proof3-300x200 One of the most asked questions we hear at Wolfson & Leon is “How long will my Miami car accident case take?” or “How long will my slip and fall case in Miami take?” The answer depends on the facts of your case. It also depends on the type of case as well as a number of other factors.

How Long Do I Have to File a Lawsuit?

The first question is who is responsible? If it was a governmental agency, then you will have to give that agency 6 months’ notice that you intend to file a lawsuit. You have to wait 6 months to file suit or it will be dismissed.

The Best Way to Settle Car Crash Claims With Small Policy Limits in Miami

April 22, 2016 | Wolfson & Leon

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If you are in a car crash in Miami, an immediate concern is whether the other driver has any insurance at all. If they do, then the question becomes just how much insurance is there. The amount of the policy limits may well determine whether your claim gets settled.

Insurance policy limits are usually offered in single and aggregate limits. There is a single amount that any one person can claim. Then there is a total amount that the insurance company will pay for any one accident no matter how many claims are made. For example, policy limits could be listed as 10/20. This means that the insurance company could pay up to $10,000 for one person’s claim. If the car crash involved five people, then the insurance company would pay no more than $20,000 for any claim made. If all five people were injured, no one would get more than $10,000 and the insurance company would pay no more than $20,000 total for the car crash claims.

In cases where there is a potential of multiple claims and small or low policy limits, an insurance company should hold a “global” settlement conference. All individuals with possible claims should be invited. The conference should be held as quickly as possible. Typically, an insurance company attorney will conduct the meeting and tell everyone that they are there to resolve all or as many claims as possible. The claimants and their personal injury attorneys are then encouraged to reach an agreement as to how to divide the limited amounts of insurance. Insurance representatives usually attend these “global” settlement conferences with a checkbook and releases for the claims that can be settled. Lastly the insured person or persons are also invited to attend but they rarely appear.

Effects of Miami’s High Rates of Uninsured Citizens on Personal Injury Law

April 18, 2016 | Wolfson & Leon

According to the Miami Herald, Miami will soon be facing a serious public health crisis that could overwhelm its hospitals and raise costs. Under the Affordable Care Act, Medicaid eligibility is expanded to all low-income qualifying adults. However, Miami’s legislators failed to expand coverage, leaving as many as 567,000 residents without insurance. Florida will receive less federal funding this year as a result of the decision. Yet, for Miami-Dade residents and hospitals, state legislated decisions may hit close to home.

For instance, trauma hospitals who treat car accident victims will lose an estimated $241 million this year in crucial funding. The actions of legislators also have an impact on auto insurance and on victims of personal injury in car accidents. Jackson Memorial Hospital, which takes the uninsured, will likely be facing increased pressure in the years to come to both treat the chronically ill and those injured due to trauma in car accidents. One in four adults in Florida are in poor health.

Florida drivers are required to pay higher rates for auto insurance, making Florida’s insurance rates among the highest in the country, with state residents paying the country’s 4^th highest premiums. Floridians must carry Personal Injury Protection coverage, whether or not they have medical coverage. Personal Injury Protection coverage pays for medical expenses for accident victims if they don’t have sufficient medical coverage.

Motor Bike Accident Kills NFL Player in Miami—What Are the Personal Injury Risks of Motorcycles?

March 25, 2016 | Wolfson & Leon

Motor Bike Accident Kills NFL Player in Miami—What Are the Personal Injury Risks of Motorcycles?

An NFL player was killed recently when his motorbike crashed into a car in Miami. The fourth-round NFL player was riding his Honda dirt bike when he collided with a Ford Escape. The Honda dirt bike allegedly did not have headlights. Fox News reports that motorcycles must have headlights in order to legally operate on Miami roads. If the motorbike didn’t have headlights, the driver may have been in violation of the law.

While this accident is a tragedy, motorcycle riding and motorcycle deaths are increasingly becoming a risk that affects more middle-aged riders. According to the New York Times, almost half of all motorcycle riders killed in 2006 were over age 40. About 25% were over age 50. Many blame the increase in injuries to the weakening of laws requiring helmet use. While many states still require mandatory helmet use, the federal government relaxed its requirement that states implement helmet laws in order to receive highway money.

How Technology is Changing Our Understanding of Personal Injury Law in Miami, Florida

March 21, 2016 | Wolfson & Leon

Technological advances are changing the way lawmakers think about car accident law and about traffic regulation. According to the New York Times, companies like Google know more about traffic patterns and driving behavior than the regulators who are put in charge of solving the city’s problems. In a city like Miami, where traffic leads to accidents and causes endless gridlock, the New York Times reports that cities are calling upon technology companies to help solve their traffic problems.

The federal Department of Transportation recently announced a partnership with the company that owns Google to provide city officials with traffic data to help them better solve problems of gridlock, traffic jams, and accidents. The hope is that with the better data, the cities will be able to find more efficient ways to move goods and people.

Part of the work will involve the anonymous analysis of billions of miles of trips logged in smartphones. The hope is that better tools will be developed to help cities understand where congestion is highest and how these problems can best be solved. Information about where commuters are going can also help city planners find better solutions to common gridlock problems. Computer models may also be able to help city planners find solutions that actually work. For instance, they can model whether a carpool lane would help alleviate congestion, or whether it makes more sense to build a new train line.

Car Accident Lawyer Discusses What To Do If Facing a Wrong-Way Accident in Miami

March 10, 2016 | Wolfson & Leon

Experts report that wrong-way crashes are becoming more frequent on Miami, Florida highways. With traffic gridlock increasing, with the city becoming more urbanized, city officials are having trouble maintaining roads and fixing roads to prevent wrong-way accidents. Among the many causes of wrong-way accidents, poor signage and roadways that fail to properly direct traffic are noted. The New Times reported on a study performed by the Florida Department of Transportation that found that among the wrong-way accidents that took place in Florida, 21 percent were in Miami-Dade.

Worse, the alarming frequency of these accidents, puts more drivers at risk of death and injury. According to one study, wrong way accidents are 100 times more likely to be fatal. USAttorneys.com recently reported about a wrong-way driver who crossed a median, leading to five deaths. The accident also left two people seriously injured.

In many cases, wrong-way accidents occur due to another driver’s error. Yet, is there anything Miami, Florida drivers can do to prevent the deadly and serious effects of these devastating accidents? Our Miami car accident lawyer offers four things you can do, if you face a wrong-way accident.

Federal Lawsuit Challenges License Suspension in Florida: Will This Impact Personal Injury Law?

February 23, 2016 | Wolfson & Leon

There are many reasons why a person can lose a driver’s license in Florida, and not all of these reasons are driving related.

For instance, you can lose your license for acts of vandalism, such as graffiti, truancy, and for not being able to pay court fees. These laws currently put poor and disenfranchised communities at a disadvantage. They essentially say—if you can’t pay court fees, you can’t drive. In Florida, being able to drive often gives individuals access to better job opportunities. The old laws create a cycle where individuals are penalized for small crimes in a way that then limits their ability to move freely through the community.

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While there are many risk factors for dangerous and negligent driving, there definitely haven’t been many studies to support the link between court fee indigence and car accidents. Youths who commit small crimes such as vandalism or truancy may also find themselves paying the price months later.

Cell Phone Records Not Discoverable in Personal Injury Case?

February 18, 2016 | Wolfson & Leon

January 20, 2016

Cell Phone Records Not Discoverable in Personal Injury Case Wolfson & Leon Miami

MIAMI – Recently, Judge Antonio Marin ordered that someone hand over their records, numbers, and information regarding their cell phones from six hours before the crash and six hours after an crash involving personal injury. There was an appeal. The Respondent admitted error which means that they admitted that what the Judge did was not consistent with the law. The error that was admitted was that the order violated the petitioner’s Fifth Amendment rights and constituted a departure from the essential requirements of law. Therefore, the 3^rd DCA quashed the order.

The opinion was a very short opinion and did not get into specifics as far as the specifics of the judge’s order other than requiring the production of cell phone records from the 6 hours before and after the crash. For years, Judge’s all over the state have been ordering the production of cell phone records. And those records have been the subject of trials for years. This order seems to fly in the face of those rulings. It seems that things have changed. However, the ruling is very short and basic. It would appear to us that this ruling will be challenged. Time will tell.

Car Accident Lawyer Investigates Wrong-Way Wrecks in Miami: How Common Are They?

February 9, 2016 | Wolfson & Leon

In the last days of December, five people were killed in a wrong-way wreck on I-95, drawing attention to the danger of wrong-way collisions on Miami roads. NBC Miami notes that, according to one FDOT study, between the years of 2009 and 2013, 280 wrong-way crashes have killed 75 people on Florida highways.

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Yet, why do wrong-way crashes take place and what can drivers do to prevent them? It is unclear why the woman responsible for the accident in late December was driving on the wrong way in the northbound express lanes of I-95.

The National Transportation Safety Board recently released a special investigative report on wrong-way driving. According to the report, alcohol and drug use are main contributing factors to wrong-way driving accidents. According to the report, more than half, and as many as one-third of wrong-way accidents involved drivers impaired by drugs or alcohol. Older drivers were also found to be more likely to be involved in wrong-way driving collisions. Drivers over 70 years of age were more likely to be in these accidents than right-way fatal driving collisions.