Miami Personal Injury Attorney Blog

In Florida, You Can Recover Damages Even if You Are 99% at Fault for an Accident

October 6, 2015 | Wolfson & Leon

Imagine this: you’re involved in a serious car accident. Let’s further say that following the accident you were found to be largely at fault. Despite this, you face serious medical expenses, sustained injuries that will result in missed time at work, and are facing a lengthy recovery period.

Can you seek damages for your pain and suffering, medical expenses, and lost wages?

The answer is yes. Florida uses the Pure Comparative Fault rule when determining negligence and damages following a car accident.

What to Do if a Car Hits Your Home in Miami, Florida

October 6, 2015 | Wolfson & Leon

In June alone, there have been several reports of cars crashing into homes. CBS Miami reported that a car crashed into a North Miami home. While no injuries were sustained as a result of the accident, the news reports failed to mention the extent of property damage the accident caused.

In another accident, a driver drove into a supermarket, panicked, pushed on the accelerator, crashed into two cars on Northeast 6^th avenue, then crashed the car into an apartment. CBS News reports that the driver thought she was hitting the brake when she was in fact pushing down on the accelerator. The Toyota Corolla drove through a glass window, striking a 29 year old employee who sustained injuries to her side and to her head. The woman who lived in the apartment told CBS News that she would be dead if she had been in her apartment at the time of the accident.

While car-building collisions are rare, the recent rash of these kinds of accidents is a sober reminder that when these accidents take place, innocent victims suffer injuries and property damage.

Doctor or Hospital Left Something in Me

October 6, 2015 | Wolfson & Leon

If you have been operated on, one of the biggest worries a person has is the fear that the doctor might leave something in you. If that happens, usually if it is an inert object like metal, there will hopefully be less damage. Nonetheless, leaving a needle or metal object inside a person can be very painful and is simply inexcusable. As far as items like sponges, it is even worse. These sort of items can kill in very little time. If the doctor’s don’t recognize what is going on, a person can die in a matter of days from a sponge left in him or her.

a blue stethoscope liegtn in a medical book

Why does an attorney fee get deducted from my settlement or award?

October 6, 2015 | Wolfson & Leon

We understand this question. Everyone is trying to net the most they can from their settlement or award. The short answer is that it is the only way that an attorney can get paid usually is by the contingency method. Many people of means with money cannot afford to pay for an attorney to represent them on an hourly basis. If this contingency method were not allowed, then it would very well close the doors to the members of society that are not rich.

Now, that said, in some less common instances, you may not have to pay. First, this article is not about situations where you hire us to sue an insurance company that didn’t pay what they were contractually required to under the insurance contract. In those cases, if you win, the law itself provides that the Defendant insurance company has to pay your lawyer. This is about when someone hurts you and you hire us as your personal injury lawyer to recover money for your pain, suffering, etc. and we file a lawsuit.

Now, in a case against someone who hurt you, we charge a contingency fee as set forth in our contract which we can send to you if you call. In your case, we can issue a “proposal for settlement”. This means that we make an official propsoal to the Defendant. Statute 768.79 provides that if you make a formal proposal to settle a case to a Defendant that is lawful, and you proceed to trial and recover 25% more than the amount that you proposed to settle for, then the Defendant would be responsible for your attorney’s fees and costs.

How to Stay Safe When Driving to the Keys this Summer

October 6, 2015 | Wolfson & Leon

U.S. 1 is one of the most scenic highways in America. The Overseas Highway has been lauded for its vistas and its beautiful long bridges that cross miles of ocean. The highway follows Henry Flagler’s old railway—a railway many thought impossible to build when it was constructed in 1912. Today, the Overseas Highway covers 113 miles and crosses 42 bridges, according to the Florida Keys website. Every summer, tourists and locals make the journey over this highway for fun, sunshine, and maybe a fishing or snorkeling adventure. Yet, this highway is also one of the most deadly in Florida.

According to the Miami Herald, deaths on the Overseas Highway decreased in 2014 compared to prior years. The Florida Highway Patrol credits this reduction in people slowing down to avoid the consequences of a speeding ticket. The Florida Highway Patrol also credited better signage and better quality roads following construction efforts.

The Keys remain a popular overnight destination for Miami residents and visitors alike. In 2013, there were over three million overnight visitors to the Florida Keys.

4 Common Cruise Ship Accidents

October 6, 2015 | Wolfson & Leon

Miami is an incredibly popular port for cruise ship excursions. Favorable weather conditions and beautiful scenery make it one of the go-to locations for vacationers to embark on a journey with their favorite cruise lines.

Cruise ship deck exterior.

Something Fell on Me – Can I Sue?

October 6, 2015 | Wolfson & Leon

If something fell on you, and you got hurt, it might be hard to prove someone else’s negligence caused that problem. For example, maybe someone stocked a shelf and then left an item really close to the edge, too close. Then, when someone lightly bumped the shelf, it fell on you. But how do you know they stocked the shelf wrong? Now this may or not be an instance where this applies, but, sometimes, the thing speaks for itself. And this is called the legal doctrine of “res ipsa loquitur”.

Danger Falling Objects Warning Sign Isolated, black drop triangle over yellow, large macro

2 Possible Options Following an Accident with an Uninsured Motorist

October 6, 2015 | Wolfson & Leon

Car accidents can be costly, particularly if you sustain serious injuries or property damage during the process. There are thousands of collisions in the United States each year, and the National Highway Traffic Safety Administration estimates that car wrecks in 2010 cost the country up to $1 trillion due to loss of life and lost productivity.

The personal costs of a car accident can be high, as well, and many people who sustain injuries will attempt to claim compensation from the negligent driver. If the driver has sufficient insurance, the claim process can be relatively straightforward, but it may get more complicated if he or she is uninsured or underinsured.

If you were in a crash with an uninsured or underinsured motorist, call Wolfson & Leon. We can handle the legal work so you can focus on your own recovery and get your life back on track.

2 Important Elements in Pedestrian Accidents

October 6, 2015 | Wolfson & Leon

Thousands of people die on American roads each year, and pedestrians make up a significant percentage of these fatalities. According to the National Highway Traffic Safety Administration, up to 5,000 pedestrians die in car-related crashes each year, and many more sustain serious and often debilitating injuries. In 2012, more than 70,000 pedestrians sustained injuries in accidents with motor vehicles.

Accident report

What Damages Can I Seek in a Florida Wrongful Death Claim?

October 6, 2015 | Wolfson & Leon

The death of a family member or loved one is always difficult, especially if it is the result of a preventable accident or someone else’s negligence. In addition to the emotional toll that a sudden and unexpected death can take on a family, there are often lasting financial impacts.

Under certain circumstances, family members may be able to file a wrongful death claim to recover certain damages from the individual or organization responsible. While no amount of compensation can ease the pain of the loss of a family member, it may be beneficial to help cover costs and fill the financial void left by the deceased.

If you are considering filing a civil lawsuit for a wrongful death claim, contact Wolfson & Leon for advice. We have been practicing law for more than 60 combined years, and we are equipped to handle a wide range of personal-injury cases, including wrongful deaths, car accidents and motorcycle crashes.