Miami

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

Florida Police Search for Hit-and-Run Driver Who Injured Motorcyclist

March 5, 2015 | Wolfson & Leon

It’s no secret that motorcycle accidents are often deadly. In many cases, wearing helmets and protective gear cannot save motorcyclists from sustaining serious injuries.

During the last three years, there has been a slow increase in the number of motorcycle operators and passengers involved in fatal accidents. According to Ride Smart Florida, 444 motorcycle operators and 18 passengers died in 2013. This marks a significant increase from 2010, when just 350 operators died on the city’s roads.

If you are the victim of a motorcycle accident, do not struggle through the injuries and medical bills on your own. An experienced personal-injury lawyer might be able to work with you to recover costs for the medical expenses incurred. If you are looking for a Miami personal-injury lawyer, call Wolfson & Leon, LLP at 305-285-1115. We are a team of accident attorneys who will work with you to defend your rights.

Florida Has Second-Highest Rate of Cyclist Deaths in United States

March 5, 2015 | Wolfson & Leon

Like pedestrian accidents, bicycle accidents cause significant injuries that can leave a lasting impact on the victims. With little protection against cars, trucks and trains, cyclists are particularly vulnerable.

The importance of wearing proper bicycling safety equipment cannot be stressed enough. The Insurance Institute for Highway Safety states that 429 cyclists not wearing helmets died in 2010. This equates to 70 percent of all cycling deaths across the United States over that time period.

While vital safety measures, such as helmets and other protective gear, do improve survival rates, the number of injuries and accidents involving cyclists continues to climb in most regions across the United States.

Two Deadly Pedestrian Accidents Make Headlines in Florida

March 5, 2015 | Wolfson & Leon

In 2013, there were more than 420,000 criminal traffic citations on the state of Florida’s roads, according to the Florida Department of Highway Safety and Motor Vehicles. Incidents that fall under this category of infringement typically include driving under the influence, reckless or negligent driving, fleeing, or racing on a highway. Non-criminal moving citations in the state, for the same period, total more than 2.2 million. These typically include minor speeding, traffic light violations and stop sign violations.

It is obvious, therefore, that there are a significant number of incidents on the state’s roads each day, and as recent stories in the news highlight, these figures are particularly concerning for pedestrians.

If you have been injured in an accident, even if you were not in a vehicle at the time, you may be entitled to compensation. Depending on the circumstances specific to your accident, a Miami personal-injury lawyer at Wolfson & Leon, LLP we may be able to assist you in this process. There is no reason why you should struggle with your injuries on your own. Call us today at 305-285-1115 for a free consultation with an experienced personal-injury lawyer.

Two Miami Truck Accidents Make National Headlines

March 5, 2015 | Wolfson & Leon

There is a phenomenal number of vehicle accidents each year in Florida. Recent statistics released by the Florida Department of Highway Safety and Motor Vehicles suggest that there are more than 200,000 vehicle crashes on the state roads each year, which involve more than 300,000 drivers. This all equates to more than 500 car accidents that take place on the state’s roads each day.

While the state does not report comprehensive truck accident statistics, it is obvious that heavy vehicles cause some of the most dramatic accidents and increase the risk of serious harm and injuries to individuals. On a national level, there were more than 4,000 people killed in accidents involving a large truck or bus during 2013.

If you have been involved or injured in an accident on the state’s roads, especially if another driver’s negligence caused the accident, you may have a right to seek compensation. At Wolfson & Leon, LLP, we are ready to help. Florida has specific rules pertaining to the trucks and large vehicles that travel on the state’s roads, and an experienced accident attorney can examine how these relate to your particular case. We have experience in many forms of personal-injury law, and if you would like more information on how we can assist, schedule an appointment today by calling us at 305-285-1115.

Florida Bicycle Accidents Leave Injuries, Fatalities

March 5, 2015 | Wolfson & Leon

Bicycle crash statistics in Florida are shocking, and each year, thousands of cyclists are killed or injured on the state’s roads. Recent figures released by Florida Highway Safety and Motor Vehicles indicate that there are more than 4,500 non-fatal cycling accidents involving motor vehicles per year in Florida.

The impact of these accidents is far-reaching, and if you are a cyclist, it is important that you know your rights, especially when it comes to negligent drivers.

If you have been involved in an accident, your best approach is to work with a qualified personal injury lawyer who can advise you on the process. Wolfson & Leon, LLP has been representing accident victims since 1963, and we have the expertise to fight for maximum compensation. Call us today at 305-285-1115 to set up a free case evaluation.

Multiple Injuries Result From Terrifying Florida Crashes

March 5, 2015 | Wolfson & Leon

Car accidents are common occurrences across the United States, and Florida is no exception. In fact, the large number of vehicles on Florida roads leads to alarmingly high accident rates. The most recent statistics indicate that approximately 2,400 car accident fatalities occur in Florida every year, along with more than 200,000 crash scene investigations.

If you have been a victim in a recent car accident, then an experienced car accident lawyer may be able to help. The attorneys at Wolfson & Leon, LLP in Miami understand how traumatic accident injuries can be, and we have been representing accident and injury victims for more than 50 years. Call us today at 305-285-1115 to arrange for a free case evaluation.

State Trooper Injured, Woman Critical in Interstate Crash