Personal Injury

Summary Judgment in a Negligence Case Cannot Be Granted Without Sufficient Discovery Uncovered

For lawyers representing those injured in car accidents or slip and falls in Florida, motions to dismiss or summary judgment are inevitable.  As a Miami personal injury lawyer, negligence cases are the single most common cause of action.  Yet, the burden of proving such a claim falls directly on the shoulders of the injured plaintiff.

By failing to set forth evidence supporting a negligence claim, the defense can move for Summary Judgment, which can effectively dismiss the entire case.  However, the burden of prevailing on a summary judgment motion lies with the defendant, whom must convince the judge that no dispute

Children’s Hoverboards May Lead to Products Liability Actions

JANUARY 16, 2016: Being a North Miami Beach personal injury lawyer that helps those hurt in a variety of accidents, without question the most common are slip and falls and car crashes.  However, some of the most severe injuries occur as a result of defective products or product liability.  And often times products that are deemed defective are those that are produced and manufactured in mass quantities, such as children’s toys. As the holiday season comes to an end, children’s “hoverboards” have been the most sought after toy by parents all over the world.  These hoverboards are essentially two-wheeled motorized skateboard/scooter type

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

A Financial Affidavit is Necessary Before Accepting a Settlement

What is a Financial Affidavit? An affidavit is a written statement of facts signed by a person in front of a notary who has the power to witness an oath. Financial affidavits are specifically for stating financial status under oath. When individuals sign an affidavit, they are confirming under law that the financial information provided is true. When is a Financial Affidavit Needed? Financial affidavits are usually filed with the court to verify certain financial information for a legal case. There a number of reasons an affidavit may be requested in a legal case. For example:

Claiming ownership of assets or property [For example, a

How an Intervening Cause Breaks the Causal Link

As a Miami personal injury attorney, the great majority of cases involve negligent acts committed by third-party entities or persons.  This includes cases such as car 

accidents, slip/trip, and falls, construction accidents, and much more.  Regardless of the type of case, when negligence is the underlying cause of action, four elements must be present in order for an injured person to prevail:

Duty Breach Causation Damages

Without the link between “breach of a duty” and “damages,” any chance of success in a personal injury case is eliminated.  Thus, many lawyers would agree that the “causation” element is the most vital of the four.  Simply stated, a