Miami Personal Injury Attorney Blog

Christmas Tree Fires – Statistics and Avoidance

December 18, 2012 | Wolfson & Leon

MIAMI BEACH – This post is about your safety around the holidays. Nobody wants there Christmas tree to burn. You don’t need insurance claims or, even worse, injuries. But it happens. And, it is an easy way to ruin Christmas. But we found some suggestions to prevent this from happening. And some statistics to motivate you to be a safe Christmas tree handler! The National Fire Protection Association reports that:

Between 2006-2010, U.S. fire departments responded to an average of 230 home fires that started because of Christmas trees each year. The fires caused an average of 4 deaths each year and 21 injuries. The total yearly economic loss associated with Christmas tree fires is reportedly $17.3 million in direct property damage.

While Christmas tree fires on not common, they can be very serious according to the National Fire Protection Association. In fact, one out of every 66 reported fires that began with a Christmas tree resulted in death. According to the National Fire Protection Association, one in about five or 18% of fires started due to a heat source too close to the Christmas tree. Another nineteen percent of home Christmas tree structure fires were intentionally set. And about three quarters or 75% of the intentionally set Christmas tree fires occurred in the 15 days after Christmas which makes it likely the fires were due to disposal.

ATV Accident – Woman Dies from Head Injury

December 17, 2012 | Wolfson & Leon

MACCLENNY, FLORIDA- Saturday, December 15, 2012, a woman from North Florida died as a result of a fall from an ATV that was being driven by her husband. The accident occurred, apparently, when the driver was attempting to negotiate a curve on a rural road. This happened in Hamilton County. The young woman’s death apparently occured as a result of a head injury.

Closed head injuries are usually the most devastating injuries that occur following All Terrain Vehicle (“ATV”) accidents or motorcycle accidents. The severity of the injuries usually range depending on whether or not the hurt person was wearing a helmet. It is unclear whether the woman in this case was wearing a helmet.

We are Miami and Miami Beach personal injury lawyers and have extensive experience working on ATV cases as well as motorcycle cases. We also have handled numerous wrongful death cases involving Florida’s Wrongful Death Statute. If you or a family member were hurt as result of such an accident, give us a call and we will give you a free evaluation. If you call us, you can speak to an attorney that will discuss your case and be happy to explain the law firm’s experience handling similar matters.

Should I Buy Rental Car Insurance?

December 14, 2012 | Wolfson & Leon

MIAMI BEACH – One of the more confusing moments in renting a car is the moment in time when the rental agent tries to sell you insurance on the rental. What should you do?

If you have insurance on your personal car and it provides rental coverage, usually the answer is “no” because it would be a waste of money. That doesn’t mean that you will be covered for everything that happnes. But, chances are that if you have your own coverage, buying additional coverage sold by the rental comapny is a waste. But read below to make sure.

The rental agencies will try to sell you two things. The first is loss damage waiver. And the second is liability insurance. There are other coverages that they may try to sell. But these two are the basics and this article is limited to discussing the pros and cons of purchasing them depending on what coverage you have.

Fatal Car Accident on Turnpike – Preserving Black Box Evidence

December 14, 2012 | Wolfson & Leon

WEST PALM BEACH – Tragically, a woman died on the Florida Turnpike Friday, December 14, 2012 near the Okeechobee Boulevard exit in Palm Beach. It happened at 5 a.m. The associated press reports that the Florida Highway Patrol said that she tried to avoid a crash in front of her but was struck by a vehicle behind her. The accident caused the southbound lanes to close.

And, The Palm Beach Post reports that a pickup truck driver hit the median concrete wall in the center of the highway. He spun and ended stopped in the road. The woman who unfortunately died was driving a Mazda and may have hit that truck or stopped just before hitting it. Then, unfortunately, another pickup truck slammed into her, in what appears to be the accident that caused her to pass away. She expired at the hospital. The first driver was also taken to the hospital. The police, Florida Highway Patrol, will continue to investigate.

We are Miami Beach and Miami personal injury lawyers and handle cases throughout South Florida. Thirty percent or more of our cases are filed outside of Miami-Dade County and we have extensive experience litigating in Palm Beach County, Broward County, and throughout the state west to Collier County and as far north as Jacksonville.

Lower Car Insurance Premiums for Personal Injury Protection

December 13, 2012 | Wolfson & Leon

MIAMI BEACH – The cost of car or automobile insurance in the urban Miami Beach and Miami markets is high and not looking to go down. You buy insurance for those times when luck isn’t with you and someone else ino tap paying attention. Automobile coverage and specifically Personal Injury Protection, is a no-fault automobile insurance coverage. It covers your medical bills up to $10,000.00. And, Personal Injury Protection covers out of pocket expenses and lost earnings.

Recently, the State Legislature passed a law reducing benefits for victims of automobile crashes. The benefits that were reduced were for payments to massage therapists and acupuncturists. One would think that this would reduce premiums for people. But it hasn’t. Insurance rates have not dropped. And, recently, Jeff Atwater called for the companies to realize the savings and reduce premiums.

The average payments for acupuncture were $4,400.00 and the average payments for massage therapy were $3,700.00. With this kind of savings, the insurance companies should be able to pass on savings. But they haven’t and on November 29, 2012 Jeff Atwater called for some savings.

Drunk Drivers & Wrong Way Collision – NTSB Calls for Ignition Interlock on All Convictions

December 11, 2012 | Wolfson & Leon

MIAMI BEACH – Today, the National Transportation and Safety Board (NTSB) has called for every state to enact laws that would require an ignition interlock device for anyone who has been convicted of a drunk driving offense. This would include first time offenders. The device prevents the person from starting a car’s engin if their breath tests positive for alcohol.

The device prevents a person from starting a car if the alcohol reading is too high. The NTSB says that it is the best way of preventing further crashes. If the blood alcohol concentration is .02 percent or .04 percent, depending on the device, the car won’t start. The breathalyzer is mounted on the car’s dashboard.

The device is currently required for convicted drunken drivers in 17 states. According the the NTSB, drunk drivers account for more than a third of the nations 32,000 traffic deaths a year.

School Injured and Killed Children – Campus Burials and Lost Bodies

December 11, 2012 | Wolfson & Leon

MARIANNA – As Miami Beach and Miami Personal injury inwyers, we have represented numerous children, parents, and other individuals who were the victim of a public or private schools negligence or outright intentional wrongdoing. Recently, numerous newspaper outlets, online news organizations, and television stations reported on a tragedy to our youth that spanned almost 100 years.

On December 10, 2012, the University of South Florida reported that nearly 100 boys had died between 1900 and 1970 at the Dozier School for Boys. According to a Miami Herald report, this was detailed in a 114 page report following a University of South Florida anthropological and historical study. The Dozier School for Boys was a Juvenile Justice school for troubled youth who had criminal or other behavioral concerns. The boys, apparently, were killed trying to escape the premises. There was suggestion in the article that, at some point, this was a legal practice.

The School opened in 1900 as the Florida State Reform School and was shut down on June 30, 2011. After controversy over abuse that was both physical and sexual, the state Department of Juvenile Justice shut the school down. The report indicated that there were burial sites on grounds and that bodies were unaccounted for. Disturbingly, the deaths were apparently unreported by the headmaster of the school to the legislature. Between 1925 and 1926, a boy by the name of Thomas Curry died and his information was not passed along to the legislature.

Tip Two – What to do At the Slip or Trip and Fall Scene

December 10, 2012 | Wolfson & Leon

MIAMI BEACH – In our first “what to do after an accident” tip, we discussed what to do at the scene of an accident after the accident. The sum of it was to be consistent and complete.

Now, in this tip, we will discuss what to do at the scene of a trip or slip and fall accident. We are Miami Beach and Miami personal injury attorneys and have represented thousands of people in auto accident cases. Jerome H. Wolfson, Esq. has been practicing for over 50 years.

At a trip and fall or slip and fall, many times you won’t fully recognize how serious your injuries might be. Therefore, if a store employee or manager asks if you want them to call Fire Rescue or an Ambulance, it is best to be on the safe side and say yes if common sense and your body is telling you the same.

Tip One – What to do at the Automobile Accident Scene

December 6, 2012 | Wolfson & Leon

MIAMI BEACH – First, you should almost always get checked out at the scene by Fire Rescue if you’ve been injured even slightly. And always be complete and consistent with the medical providers at the scene. Even if you have medical training, it is exceedingly difficult to assess your own medical condition. Thus, strongly consider any offer from a fire rescue personnel on the scene to go in the ambulance to the hospital.

We are Miami Beach and Miami personal injury attorneys and have represented thousands of people in auto accident cases. Jerome H. Wolfson, Esq. has been practicing for over 50 years.

First responders like EMT (emergency medical technicians) know best when people need to go to the hospital. Listen to them. When they come to the scene, do what they tell you. If they say don’t move, don’t move. And do not forget to tell the EMT or Emergency Medical Technician on the scene every physical complaint that is bothering you after the accident. The reason this is important is because the insurance company or defendant will make a big deal out of anything that you may have forgotten to tell the Fire Rescue personnel. In fact, if you testify during your case that you had pain at the scene and you forgot to tell the EMT Fire Rescue person, the Defendant or Insurance Company may try to make it seem as though you are lying about your injuries.

You Can You Sue the Person You Rear-Ended – Sudden Stops, Short Stops, and Sudden Lane Changes

November 26, 2012 | Wolfson & Leon

MIAMI BEACH -　 On November 21, 2012, in Cevallos v. Rideout, 37 Fla. L. Weekly S739a, Case No. SX09-2238 (Fla. 2012), the Supreme Court overturned the lower court’s decision that the presumption that the accident was the rear drivers fault could not be rebutted.　 So, yes, you can sue the person that you rear ended. But let’s use some common sense. The accident has to be his or her fault, at least partially. As long as the person in front of you that you rear-ended did something wrong that rebuts the legal presumption that the accident was your fault, you should be able to recover.　 But your recovery is limited to the percentage of the accident that was not your fault.

So, if you were injured in a rear-end accident in Miami or Miami Beach, our attoneys may be able to recover for you even if you did the rear-ending.　　

The most common thing that a front driver does wrong to cause someone else to rear-end them is to make a sudden stop in an area where such a sudden stop wouldn’t be expected.　　　