Articles Tagged with Florida personal injury attorney

Being injured in a Miami car accident is a horrific experience, but the aftermath can be even more overwhelming as you are trying to enforce your right to compensation. The process of filing an insurance claim is extremely complicated. To make the situation worse, you may be at a disadvantage if you are operating according to certain misconceptions about auto crashes. Though family members and friends mean well, they may not always provide accurate information if they do not have experience in the legal field. 

A skilled Miami car accident attorney can eliminate some of the confusion and will fight to protect your interests in the insurance claims process. However, it may be helpful to debunk common myths about motor vehicle collisions.

Myth #1: Lawyers Cost Too Much. Auto crash lawyers typically work on a contingency fee basis, which means you only pay if you recover compensation in your case. Instead of paying upfront or supplying a retainer, your attorney takes a percentage of the award you receive from an insurance claim or in court. According to the Florida Rules of Professional Conduct, a contingency fee arrangement must be reasonable and in writing.

joakim-honkasalo-587350-unsplash-copy-300x223If you are pursuing your legal remedies as the victim of a motor vehicle crash, it is likely that the responsible driver’s insurance company will request that you appear for a deposition. Under the Florida Rules of Civil Procedure, it is each party’s right to depose the other in connection with litigation. Plus, depositions are a common strategy for the narrowing legal issues involved when you are trying to work out a settlement. 

However, beyond the basics, there is not much information on the point of depositions and what to expect. Your Miami car accidents attorney will provide guidance and represent you during the proceedings, but a background on depositions in auto crash claims may also be helpful.

Overview of Deposition Proceedings

helloquence-51716-unsplash-copy-300x200Whether you were injured due to a car crash, slip and fall, defective product, or other accident that was caused by someone else’s negligence, it is wise to retain an attorney to assist with your case as soon as possible. For one, the Florida statute of limitations is four years. Plus, there are far too many legal complications to try to handle the claims process yourself, especially when you should be focusing on recovery. 

However, you should not expect an attorney to tackle your case without help from you. You need to be involved to provide essential support and perform tasks that are within your purview. Your Miami personal injury lawyer can tell you what you can do to ensure you get the top compensation available in an accident case, but here are a few ways you can be a model client.

Follow Doctor’s Orders

nathan-dumlao-1064615-unsplash-copy-200x300Take a stroll through Downtown Miami or other major US cities, and you are bound to see that more people are getting around on a new form of transportation — electric scooters, or e-scooters as they are called by service providers Bird and Lime. These vehicles have been on the streets of Miami since April 2019 under a six-month pilot program, but e-scooters have raised considerable controversy in other locations where they are operating on a more permanent basis. The latest from Consumer Reports reveals that eight people have died and another 1,500 riders have been injured across 47 cities since e-scooter services launched in late 2017. 

E-scooter accidents are a relatively new area of law, so it is important to trust a Miami personal injury lawyer to handle the legal details if you were hurt. Meanwhile, there are some important points to note about e-scooter liability.

Safety Measures are Not Enforced

jannes-glas-1074946-unsplash-copy-300x169There will always be motor vehicle accidents in Florida, but there are some ways you can reduce the chance that they will happen to you. Safe driving tips go above and beyond following the traffic laws stated in the Official Florida Driver License Handbook, and there is more to avoiding collisions than what you may have learned in driver’s ed. 

You can rely on a Miami car accidents lawyer to protect your rights if you are involved in a crash, but check out some recommendations in hopes that you will never be in such a position.

  • Do Not Drive Drunk or Stoned: Despite enormous public awareness campaigns regarding the dangers, some motorists still take the risk by getting behind the wheel after drinking or using drugs. Never drive after having even just a couple of alcoholic beverages. Call a friend, Uber, or Lyft to get you home safely.

jacek-dylag-PMxT0XtQ-A-unsplash-copy-300x200Many people commonly associate personal injury cases with car accidents, and it is true that many of these matters involve collisions. According to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard for 2018, there were more than 646,000 crashes in Miami-Dade County alone.

However, there are many other types of accidents and incidents that lead to serious injuries for victims, many of which could have been avoided. Discuss your situation with a Miami personal injury attorney if you were hurt under any of the following circumstances.

Negligence-Based Claims

mitchell-hollander-282004-unsplash-copy-300x210If you are one of the 2.61 million people injured in motor vehicle accidents every year according to the US Centers for Disease Control and Prevention, chances are you may still be feeling the physical effects. You are probably experiencing some pain and discomfort, and it could be rather severe depending on your injuries. It is common to endure aches and other symptoms, but you may eventually become frustrated with how long they last. 

While there is no easy answer, the good news is that you may qualify to recover compensation for your losses, including your lingering pain and suffering. Your Miami car accident attorney will handle the legal issues, but some guidelines may be helpful. 

Talk to Your Health Care Provider

jonathan-borba-1598686-unsplash-copy-300x200One minute, visitors to a Port Charlotte Harley-Davidson store were listening to a live concert; the next, they were running for their lives from a luxury sports car that an intoxicated woman plowed into the crowd. According to a June 12, 2019 article in the Miami Herald, none of the concertgoers were injured in the chaos that ensued. However, the local country music star who was headlining the event suffered injuries to his foot. Upon arriving at the scene, police detained the woman for questioning, and eventually arrested her for DUI, among other charges.

The penalties for DUI are harsh in Florida, including fines, jail time, and a driver’s license suspension. Unfortunately, these sanctions do nothing for victims who are injured as a result of a drunk driving collision. You do have rights if you are hurt in a DUI crash, and a Florida car accident attorney can assist with your claim. Some general information regarding these cases may also be helpful.

Comparing Criminal and Civil DUI Cases

Our Miami personal injury law firm found a very interesting report that was recently released. The study’s outcome was to determine whether ride-sharing services, such as Uber, have contributed to a decrease in accidents related to driving under the influence over a certain period of time. The implication here being that as people that may be too intoxicated to drive and then call sober ride-share drivers for their ride home, there are less drunk drivers on the road causing accidents. However, apparently the results of this study found that this was not necessarily the case in all American cities.

The study looked at the availability of the ride share service Uber (currently the largest among ride-sharing companies, which purportedly also include: Lyft, Sidecar, Wingz, Summon, Taxify, Haxi, Didi Chuxing, and Moovn) from 2013-2016 in four major cities in the United States. The study author is a postdoctoral fellow at the University of Pennsylvania’s Injury Science Center.

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Last September, an early morning boat crash claimed the life of Miami Marlins pitcher Jose Fernandez and his two companions, Eduardo Rivero and Emilio Jesus Macias. The crash happened when the pitching ace’s boat ran aground into a stone jetty between PortMiami and the open ocean. Families of the two men killed with Fernandez recently filed personal injury and wrongful death lawsuits against his estate, claiming that the baseball player’s negligence led to the men’s deaths.

When careless or reckless behavior causes an injury or a death, whoever caused the accident or injury can be held responsible for paying damages in civil court—even if that person did not survive the same accident. If your loved one was killed because of someone else’s negligence, our experienced Miami wrongful death attorneys can help.

Mystery Surrounds Crash