Articles Tagged with Injury Attorney

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rear_end_collisionIf 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.

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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.

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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.

photodune-1220998-wrong-way-xs

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.

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Most people believe that if you go to an emergency room, they cannot refuse to treat you. That is not entirely true. Consider the case of the late Barbara Dawson. She died after being forced to leave an emergency room in handcuffs.

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Barbara Dawson went to Calhoun Liberty Hospital in Blountstown, Florida. She sought treatment for breathing problems. Dawson was examined and discharged by the physicians. She refused to leave because she was still in pain even though the hospital staff said she was medically stable to leave. Police were called to the emergency room and she was charged with disorderly conduct and trespassing. Dawson was escorted out of the hospital in handcuffs. She collapsed as she arrived at the officer’s car. Dawson was readmitted to the emergency room. She was pronounced dead about an hour later. The Florida state medical examiner ruled that she died from natural causes due to a blood clot in her lung. Dawson’s family has retained counsel to file suit against the hospital and others who may be responsible for Dawson’s death.

In a case such as this, the attorney will investigate whether negligence or medical malpractice took place and whether it caused Ms. Dawson’s death. The investigation will include a review of her medical history as well as her care and treatment. The policies and procedures of the hospital will also be examined. One question will be whether this was an isolated incident or is it a systemic failure. If the policies and procedures place patients at risk then the danger zone extends well past Ms. Dawson.

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In a Miami-Dade jury trial, the jury will very likely want to know the answer to the following question: “Does this defendant have insurance and if so, how much?” The answer is that most defendants in personal injury trials have insurance. But that will never be disclosed in trial because of Florida law.  Now, is that entirely fair? We don’t think so. And the law used to be different. But it changed as we discuss below.

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In products liability cases, defendants usually include retailers and manufacturers. Those defendants usually have insurance. In medical malpractice cases, the defendant doctors and hospital either have insurance or are self-insured. In premises liability cases, the defendant property owner is almost always have some type of insurance. But the law does not allow for the insurance company to be mentioned in trial.

There is an even more practical reason why it is safe to assume that the defendant in a personal injury trial has insurance. Personal injury attorneys work on a contingency fee meaning they do not get paid a fee unless their client recovers. There can be no recovery unless the defendant has insurance or assets. Most people do not have assets and those who do often hide or transfer those assets so that they are “judgment proof” in the event the jury decides against them. So as a practical matter, it is safe to assume that an overwhelming number of defendants in personal injury trials do in fact have insurance.

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If you’ve been injured in Miami and you are an immigrant, your rights, responsibilities, and protections may be different than those afforded to citizens. While most people who have been injured seek recovery through personal injury claims, immigrants may have many factors to consider before they make the decision to pursue a lawsuit.

Miami Injury lawyer

According to the Legal Intelligencer as many as 8 million illegal immigrants may be part of the labor force. These individuals often perform hard labor in dangerous industries, including agriculture, manufacturing, and construction. Because many workers in these industries fear deportation, they may not seek legal remedies when they are injured on the job. Immigrants who have been injured while driving also face similar challenges as they may fear taking their case to the civil court system. After all, what happens if they are asked about their legal status during a trial? Could they face deportation?

The issue is somewhat complex. In many cases, individuals who face deportation may be able to apply for parole or a stay of removal using recently-passed immigration protections. However, not all people qualify for these protections. Personal injury lawyers in Miami who are handling these individuals’ cases may sometimes refer these clients to immigration lawyers to ensure that they are protected. Attorney client confidentiality protects individuals who inform their attorney about their immigration status. Questions about immigrations status are best answered by immigration and naturalization attorneys. So, individuals who have suffered a personal injury either on the job or while driving may be wise to speak first to an immigration lawyer before they speak to a personal injury lawyer about receiving compensation for their injuries.

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One person was killed and another injured when a Smart Car and a truck collided at Biscayne Boulevard and Northeast 15th Street. The accident took place at 5 a.m. on Wednesday.

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According to Miami Police, the Smart Car, which was rented from Car 2 Go, caused the accident by running a red light and t-boning the Chevy Silverado truck.

According to CBS Miami, the driver of the Smart Car was rushed to the hospital and is in critical condition. The driver of the truck was treated at Jackson Memorial Hospital and was released. He suffered a spinal injury and a concussion. The Smart Car passenger died on the scene.

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A relaxing family cruise turned into a nightmare when a 9-year-old was seriously injured on a Royal Caribbean ship. The child’s family is now suing the cruise line.

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According to NBC Miami, the boy was injured while playing a game in the ship’s entertainment zone for kids. The game involved two staff members throwing balls and children running to avoid them. One boy collided with another child, and his head struck a hard surface.

The ship, Monarch of the Seas, sailed out of Port Miami. Following the incident, the boy was rushed to a hospital in Nassau for emergency brain surgery.

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Hector-Seigle-Firefighter-injured-jpgJune, 4, 2013, Miami, FL- Motorcyclist love to be on their bikes and want nothing more than to ride, but other motorists can make the roads very dangerous for them. This a reality that a veteran Miami firefighter learned Monday after he was struck by a truck while on his way to work, leaving him critically injured and his colleagues in shock.

Police say that Hector Seiglie was riding along Dixie Highway South at 22nd Avenue at 6:30 a.m. when he was struck by a pickup truck.

One eyewitness, Mario Sanchez told WSVN-TV what he saw, “And the pickup truck just hit him, and I saw the gentleman on the ground.”

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