Personal Injury Litigation

Florida Appeals Court Makes it Difficult for Defendants to Prevail on Summary Judgment in Slip and Fall Cases

MAY 22, 2016: In Florida, those who own or operate commercial properties owe a duty to the general public to maintain their premises in a reasonably safe condition.  As a personal injury lawyer helping those hurt in slip and falls, the ability to specifically identify the dangerous condition causing the incident is tantamount to a successful outcome in a case.  In most situations, a claim alleging negligent failure to maintain the property in a reasonably safe condition or to warn business invitees of the hazard are two very common allegations raised in a Complaint against a building or property owner. Early May

Car Accident Victim’s Verdict Challenged in Florida’s First District Court of Appeal

MAY 16, 2016: For Miami Personal Injury Trial Attorneys, causation experts for car accident cases are of the utmost importance for proving damages for hurt clients.  Even in the simplest of cases involving a rear-end car accident, the defendant will typically argue that the injuries sustained are degenerative and not related to the crash.  In some situations, a treating physician is suitable to testify as to causation, but sometimes an independent expert must be retained to provide scientific testimony supporting the claim. In Florida, challenging the credentials and admissibility of an expert’s opinion is commonly referred to as a “Daubert Challenge.”  Earlier

Safety Recalls Cause Concern for Drivers of Acura and Honda Vehicles

MARCH 28, 2016: As a Personal Injury Lawyer in Miami that helps those injured in car accidents, the typical third party that is the subject of a lawsuit is the driver of the other vehicle.  However, in a very small percentage of accidents, a person’s own vehicle manufacturer may hold some or all responsibility for the incident.  For example, if a person is rear-ended at a high rate of speed and the airbags fail to deploy, then the driver and passengers of that vehicle may have an action against the manufacturer of the vehicle, such as Toyota or Ford. In fact, just

Florida’s Wrongful Act Doctrine Carries Grave Consequences for Car Insurance Companies

DECEMBER 11, 2015: As a personal injury attorney in Miami that helps those hurt in car accidents and slip and falls, compensation for the attorney typically comes in the form of a contingency fee.  In other words, a client does not have to pay the attorney unless a successful outcome is achieved in the case, such as a settlement.  While that is the typical means of compensation for a personal injury lawyer, it is not the only form of compensation, for the state of Florida recognizes recovery of attorneys’ fees under the Wrongful Act Doctrine. As stated by the Third District Court

Understanding Prior Crimes in an Area Can Help a Notice Argument in Negligence Cases

OCTOBER 4, 2015: For accident and injury lawyers helping those in Miami and the rest of South Florida, the ability to gather evidence prior to a lawsuit is of the utmost importance.  Depending upon the type of case, the nature of the investigation differs drastically.  Car accident cases certainly involve different needs than a typical slip and fall case.  Similarly, maritime cases involving cruise ships entail different elements than that of a negligent security case. Being an attorney that helps those hurt in negligence accidents, evidence gathered before filing a lawsuit is a top priority.  Specifically, for negligence cases, including negligent security,