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Mark Kaire

About Mark Kaire

Mark Kaire has been practicing law in Miami for nearly 15 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami's legal issues for 4 years.

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What to Do When You’ve Been Hit by an Uninsured Driver

November 3, 2019 in /by

Any car accident is scary. You’re driving along
when — BOOM! — your car crumples. Whether or not you suffer injuries, you will
likely be shaken up by this type of collision.

When the at-fault driver doesn’t have car
insurance, however, your feelings of fear may quickly turn to despair. How are
you going to get your car fixed?  Who
will pay for your medical treatment?

It is normal to feel this way after an
accident, especially when you find out that the other driver is uninsured
(which you may only learn after the accident). Fortunately, there are options
for recovering even if you have been hit by an uninsured driver. Although the
situation is less than ideal, a Miami car accident attorney can help you decide
how to proceed.

Are Florida Drivers Required to Purchase Car Insurance?

Under Florida law, all drivers of motor
vehicles must maintain a minimum
level of car insurance. To purchase and
maintain a Florida license plate and registration, a driver must have $10,000
in personal injury protection (PIP) and $10,000 in property damage liability
(PDL). As long as you have a valid Florida license plate, you must have at
least this much insurance coverage.

PIP is also known as Florida no-fault car insurance.
In essence, it covers your own damages — regardless of who is at fault for the
accident — up to the limits of your policy. It will also cover other members of
your household and certain passengers. PDL covers damage that you may cause to
others’ property in an accident involving a motor vehicle.

Florida law, incredibly enough, does not require drivers to purchase bodily
injury liability insurance. This type of coverage pays for injury or death to
others caused by car accidents.

Florida has the highest percentage of uninsured
drivers in the country. According to a 2017 report from the Insurance Research
Council, 26.7% of Florida drivers
do not have car insurance. Drivers can have their drivers’ license, license
plate and registration plate suspended for up to 3 years if they fail to keep
insurance.

If you are involved in an accident with an
uninsured driver, there are steps that can be taken in an attempt to recover
for your losses. While it may be more challenging than seeking compensation
from a fully insured driver, a skilled lawyer can work with you to assist you
in the legal process.

How to Obtain Compensation After Being Hit by an Uninsured
Driver in Florida

Because Florida is a no-fault state, the first
place that you will have to look after an accident is your own insurance
policy. Your PIP coverage may be sufficient to pay for any medical treatment
that you need from the crash. However, in many cases, PIP will simply not be
enough to pay for your medical expenses or other damages.

One option is to sue the uninsured driver. You
can file a lawsuit against him or her, and if you win, you may be able to
recover damages from their assets. Unfortunately, many uninsured drivers don’t
have insurance because they cannot afford it — which usually means that it will
be difficult to collect a judgment against them.

However, if the uninsured driver has a job,
then the judge may order him or her to pay you a small amount each month in
damages. If he or she has any assets, you may be able to place a lien on the
assets or otherwise get at them to be compensated for your damages.

As an alternative, you can look to your own
insurance for a recovery. Uninsured motorist coverage is an option for Florida
motorists. It offers payment to policyholders who are in an accident with an
uninsured driver.

While uninsured motorist coverage is not
mandatory in Florida, it is an incredibly smart idea to purchase this added
coverage. Given the high percentage of Florida drivers without car insurance,
it is generally worth spending the extra money to protect yourself.
Underinsured motorist coverage will  also
help to cover the difference between your total damages and the at-fault
driver’s (minimal) insurance coverage.

Importantly, uninsured motorist coverage  can only be purchased if you have Bodily
Injury Liability coverage and cannot exceed your Bodily Injury ILiability
limits.  If you only maintain the
standard minimum $10,000 PIP and $10,000 PDL coverage, then you cannot purchase
uninsured motorist coverage.  Be sure to
talk to your insurance agent about your options when making coverage decisions.

Even though you will be making a claim against
your own insurance company if you file an uninsured motorist claim, it may
still be a challenging process. Insurance companies are for-profit businesses,
and rarely want to offer settlements for a high dollar amount. Be sure to
consult with an experienced Miami car accident lawyer who has experience with
uninsured motorist claims before signing any paperwork offered by your
insurance company.

Work with a Personal Injury Attorney in Miami

People who drive without car insurance put
everyone at risk — yet more than a quarter of all Florida drivers engage in
this behavior. If you have been hit by an uninsured driver, you may think that
you are out of luck when it comes to getting money for your damages. However,
there may be ways to be compensated, from your own PIP insurance to a lawsuit
against the driver to an uninsured motorist policy.

The law firm of Kaire & Heffernan is
devoted to advocating for victims of all types of accidents — including those
drivers who have been hit by motorists without insurance. We offer free initial
consultations, provide services in both Spanish and English, and never charge a
fee unless we recover money for you. Contact our office today at 305-372-0123 or
online to schedule an
appointment with a personal
injury attorney in Miami.

Why Most Florida Boat Accidents Happen — And How to Stop Them

November 2, 2019 in /by

It’s no secret that Florida is a great state
for boating. Surrounded by the Atlantic Ocean and the Gulf of Mexico and dotted
with lakes and rivers, there are innumerable opportunities for residents and
tourists to get out on the water. It isn’t surprising that Florida leads the
nation with the highest number of registered recreational vessels — 918,255 as of 2017.

Unfortunately, Florida also tops the nation in
the number of boating accidents that occur each year. In 2017, Florida had 723
reportable boating accidents (defined as $2,00 or more worth of damage). In
comparison, the state with the second-highest number of accidents, California
had 350 crashes — and 745,641 registered boats.

Florida also has the highest number of boating
accident fatalities. In 2018, 59 people died in
Florida boating accidents, while 67 people died in 2017. In 2018, 307 people were injured
in boating accidents in Florida, down from 437 in 2017.

These numbers are startling — and should move
us all to action. Most boat accidents are preventable. If we all take
precautions, we can make a significant difference in the number of boating
accidents occurring in Florida each year.

Top Causes of Florida Boating Accidents

According to the Florida Fish and Wildlife
Commission (FWC), the top cause of reportable boating accidents in 2018 was
collisions with other vessels. There were 178 of these accidents,
which amounted to 28% of the 628 accidents in 2018. 8 people were injured as a
result.

After investigation (by the FWC or a local
authority), the primary reason for each reportable Florida boat accident was
determined. In 2018, the top causes of boating
accidents were as follows:

  1. No proper look-out/inattention: 167
    1. Machinery failure: 64
    1. Operator inexperience: 64
    1. Other: 48
    1. Excessive speed: 45
    1. Weather: 41
    1. Careless/reckless operation: 33
    1. Alcohol use: 28
    1. Hazardous water: 17
    1. Vision obstruction: 14

Most of these accidents — 398 out of 628 —
happened while the boat was cruising. 408 of the accidents involved just 1
vessel.

The majority of these accidents happened in a
bay or sound (161), followed by a river or creek (115), and then the ocean or
gulf (104). Other crashes happened in canals or cuts (96), lakes or ponds (51),
inlets or passes (46) and ports or harbors (43).

Most Florida boat accidents (353 out of 628) in
2018 occurred during the afternoon to early evening. 125 crashes happened
between 2:00 and 3:59 p.m., and an additional 120 took place between 4:00 and
5:59 p.m. 108 crashes happened between 12:00 and 1:59 p.m.

Staying Safe on the Water

Understanding how
Florida boat accidents happen is critical to preventing them. If you look at
the list of the reasons why boat accidents occurred in 2018, you’ll note that
the most common cause is inattention. It shouldn’t surprise anyone that our
number one tip for staying safe on the water is to pay attention while driving
a boat.

Not only is operator inattention/no proper
look-out the leading cause of boat accidents in Florida, but hitting another
vessel is the most common cause of reportable boat collisions.  This makes it clear that anyone who is behind
the proverbial wheel of a boat must always be vigilant.

Of course, this doesn’t just mean looking out for other boats or even for fixed
objects (another common cause of boat accidents). You should also keep an eye
out for bad weather or any unsafe conditions. Aim to have an extra set of eyes
on the horizon by designating a lookout who can alert the driver to potential
hazards.

Mechanical failure is another leading cause of
boat crashes. The best way to avoid this type of accident is to stay on top of
your boat’s maintenance. While boat upkeep can be expensive, it is cheaper and
less dangerous than being in an accident on the open water.

Inexperienced operators are the third leading
cause of Florida boat accidents. Knowing how to properly handle a boat is
incredibly important, both during regular operation and in emergencies. Check
out a list of boater
safety courses from the FWC to find a class
that is right for you.

In addition, when on the water, you should:

  • Maintain a reasonable speed,
    particularly when turning

    • Avoid alcohol and drugs
    • Always wear proper safety
      equipment
    • Pay careful attention to
      weather reports

By following these tips, you can reduce the
likelihood of being in a boating accident.

Recovering for a Florida Boat Accident

When a boat accident happens on a navigable
public waterway, the accident may be subject to federal admiralty jurisdiction,
which is distinct from Florida law. There are different rules that govern these
types of cases, such as a shorter statute of limitations (the
period of time that you have to file a claim). For this reason, you should
consult with an experienced personal injury attorney in Miami as soon as
possible after a boat accident to determine your options.

You Aren’t Alone: We Can Help

Boat accidents can lead to serious or even
fatal injuries. While following safety rules can help to reduce the incidence
of boat crashes, there are still hundreds of people affected each year. Even
something as simple as falling on a wet deck can lead to a brain injury that
has devastating, long-term consequences.

The lawyers of Kaire & Heffernan
exclusively represent victims in personal injury cases — never insurance
companies. We offer free initial consultations, and handle all cases on a
contingency fee basis, which means that you pay nothing upfront to retain us.
To learn more or to schedule an appointment with an experienced personal injury attorney in Miami contact our office today at 305-372-0123 or online.

Who Is at Fault for Left-Hand Turn Accidents?

November 1, 2019 in /by

You may have heard this odd fact at some point:
UPS trucks rarely make
left turns. In addition to being a fun bit of trivia, there is a good reason
why UPS drivers avoid left turns: they are both dangerous and they waste fuel.
But unless you drive a UPS truck, you probably make left-hand turns when
driving.

The National Highway Traffic Safety
Administration (NHTSA) reports that
left-hand turns are a leading cause of motor vehicle accidents in the United
States. Yet the reality is that we all have to make these turns from time to
time, as it often is not practical (or even possible) to get to a destination
without making a left turn.

In most cases, the driver making a left turn
will be held responsible for any accident that occurs as a result of the turn.
However, there are exceptions to this broad rule. Read on to learn more about
Florida law on left turns and when another party may be held liable.

Florida Law on Left Turn Accidents

In Florida, there is a presumption that
left-hand turn accidents are caused by the driver who turned left. Under
Florida statute 316.151(1)(b), a driver
who wants to turn left must do so from the extreme left hand lane lawfully
available for making a turn, and should make the turn in a way that leaves the
lane available to the traffic moving in the road being crossed. A violation of
this law is a traffic infraction for a moving violation.

Under this law, drivers cannot make left turns
from the middle lane or from the right lane. They are required to go to the
furthest left lane to make a left turn.

More importantly, any driver making a left-hand
turn in Florida must yield right-of-way to drivers who are approaching in the
opposite direction. If the driver making the turn across traffic or an
intersection does not do so, then that driver will generally be held
responsible for any accident that may happen as a result.

Finally, drivers making a turn (right or left)
must use their turn signal. A turn
signal must be given continuously for at least 100 feet before turning. Failure
to do so may result in an accident — and a citation for a moving violation.

While a traffic infraction is a noncriminal
offense, it can be important in analyzing liability for an accident. If a
person makes a left-hand turn at an intersection without signaling or from a
middle lane, you could get cited for a moving violation. In addition, the fact
that you did not follow Florida law may be considered in the overall determination
of who was at fault for an accident.

Determining Responsibility for Left-Hand Turn Crash

In most cases, drivers making left turns will
be crossing traffic and must yield right-of-way to oncoming traffic under
Florida law, as described above. If there is a collision, the motorist who made
the left-hand turn will usually be liable for any damage that results.

There are exceptions to this general rule. For
example, assume that a driver is waiting to make a left-hand turn and proceeds
once the coast is clear. If a car is speeding in the opposite direction and
strikes the turning car, then the driver making the left turn may not be found
responsible for the crash — because it was the speeding car’s traffic violation
that caused the accident, and not the driver who carefully waited until it was
safe to cross the road.

Alternatively, a driver making a left turn may
not be able to see the road because of an obstructed view; in that situation,
the government agency who designed and maintained the road may be responsible
for any accident that occurred at the intersection. In some cases, a passing
motorist may wave a driver through, indicating that it is safe to make a left
turn where the driver’s view is obstructed. If the driver makes the turn,
trusting the other motorist’s view, any accident that occurs could be the fault
of the motorist that waved the driver through — not the driver.

Crashes involving left-hand turns can often
lead to serious or even fatal injuries. In 2017, motor vehicle accidents involving
improper turns led to 40
fatalities, 346 incapacitating injuries and 1,024 non-incapacitating injuries.
These injuries are often sustained by those in the car making the turn — which
is usually moving at a much slower rate than the vehicle traveling on the road
being crossed.

An accident report can
often paint a picture of how a left turn accident occurred. After a thorough
investigation, your lawyer can make a claim for compensation — whether you were
the driver making the left turn or the other vehicle in the accident.

How a Personal Injury Attorney in Miami Can Help

While left-hand turn car accidents may seem
straightforward, they often involve complex fact patterns. Even if you were the
driver in a left turn accident, you may be able to recover for your injuries.
An experienced personal
injury attorney in Miami can help.

At Kaire & Heffernan, we are dedicated to
working with victims of car accidents. Based in Miami, we offer services in
both English and Spanish to our clients — and never charge a fee unless we
recover compensation for you. Contact our office today at 305-372-0123 or online to schedule a
free initial consultation.

Tips for Sharing the Roadway with Bicyclists and Pedestrians

October 31, 2019 in /by

When most people think of Florida, they likely
think of our pristine beaches, gorgeous weather, or incredible amusement parks.
What they may not realize is that here in the Sunshine State, we have a
significant problem: dangerous roadways. Our streets and highways are
particularly hazardous for bicyclists and pedestrians.

Florida is the top state in the nation for bicycle fatalities.
According to the National Highway Traffic Safety Administration (NHTSA), there were 783
bicyclists killed in motor vehicle accidents in 2017 in the United States. 125
of those — 16% — were killed in Florida.

Yet it isn’t just bicyclists who are in danger
in Florida. According to a 2019 report titled “Dangerous by Design,” 9
out of the top 10 most dangerous metro areas for pedestrians (and 10 out of the
top 20)  in the United States are located
in Florida. This includes the greater Miami area, where there were 1,549
pedestrian deaths between 2008 and 2017, for an average annual pedestrian
fatality rate of 2.61 per 100,000 people.

These numbers are scary. As drivers, there IS
something that we can do about it. Learning to share the roadway with
bicyclists and pedestrians can help us reduce the number of bike accidents and
pedestrian crashes — and keep everyone safe.

What Drivers Can Do to Share the Road Safely with
Bicyclists

In Florida, bicycles are legally defined as
vehicles. They have all of the rights and responsibilities as motor vehicles on
public roads, other than expressways. However, there are specific rules that
motorists must follow when interacting with bicyclists on the road.

Drivers are required by law to give bicyclists
a minimum clearance of 3 feet when they are driving alongside of them or
passing them. Drivers should also yield to any bicyclists in the bike lane when
turning, and make any turns behind bikers — not in front of them. Doing so can
reduce the risk of accidents.

High beams can blind drivers — and bicyclists
as well. If you see a biker approaching, avoid using your high beam headlights
to decrease the potential for a crash. You should also avoid honking your horn
at bicyclists, which could startle them and cause them to swerve into traffic.

There are many others ways that you can avoid
collisions with bicycles, including:

  • Reducing your speed when passing bicycles, especially when the road is narrow;
  • Stay alert and avoid distractions when driving;
  • Give bicyclists extra passing room in bad weather;
  • Check mirrors and blind spots for bicyclists before entering or leaving a lane of traffic;
  • Be extra careful in neighborhoods where children may be on bicycles, as they tend to be more unpredictable and may come out from driveways or off of sidewalks; and
  • Check for bicyclists before opening your car door.

While many bike accidents are caused at least
in part by the actions of the bicyclists, by actively engaging in safe practices,
drivers can help to reduce the incidence of these types of crashes. Here in
Miami-Dade County, there were 817 bike crashes in
2018, including 18 fatalities. By working to share the road safely with
bicyclists, we can reduce these numbers significantly.

How You Can Avoid Collisions with Pedestrians

In Florida, both pedestrians and motorists have
certain obligations under the
law. For pedestrians, this includes following traffic control devices and
signs, using sidewalks and crosswalks when available, and never stepping into
the path of oncoming vehicles. Drivers must follow traffic signals and signs,
yield to pedestrians already crossing the road, never pass vehicles waiting for
pedestrians, and exercise due care to avoid colliding with pedestrians and
bicyclists.

These laws provide general guidelines for how
motorists should behave when driving. They also specify who has right of way in
intersections. However, it is important for drivers to take extra steps to
protect pedestrians, as a collision between a motor vehicle and a pedestrian
will likely end with serious or even fatal injuries for the pedestrian.

According to AAA, drivers can take
several steps to reduce the risk of striking a pedestrian while driving:

  • Look out for pedestrians at all times;
  • Follow posted speed limits, particularly in areas where pedestrians may appear suddenly (school zones and neighborhood streets);
  • Be more cautious when visibility is poor due to bad weather or low light — use your lights and signal properly;
  • Watch for pedestrians when pulling into and out of driveways;
  • Always yield to pedestrians in a crosswalk;
  • Reduce your speed and prepare to stop when approaching a crosswalk;
  • When stopped at a crosswalk, allow enough room so other drivers can see the pedestrians;
  • Do not pass vehicles stopped at a crosswalk; and
  • Never drive under the influence of alcohol or drugs.

Following these safety tips can help to avoid
many pedestrian accidents that occur each year in Florida, including the 1,569
that occurred in Miami-Dade County in 2018. These numbers included 96
pedestrian fatalities — a statistic that we can work to change by following
safe driving practices.

Work with a Personal Injury Attorney in Miami

Bike accidents and pedestrian crashes happen
far too often in Florida, making our state number one in the country for
fatalities in both types of collisions. This is unacceptable — and a reality
that we deal with too often as experienced Miami personal injury lawyers. We
believe that there is a better solution: helping everyone learn to share the
road safely.

For over two decades, the law firm of Kaire
& Heffernan has represented victims of bike accidents, pedestrian
accidents, and other types of personal injury cases. We offer free initial
consultations and never charge a fee unless we recover money for you. To learn
more or to schedule a consultation with a personal
injury attorney in Miami, contact our office
today at 305-372-0123, or reach out online.

How an Expert Witness Can Strengthen Your Personal Injury Claim

September 22, 2019 in /by

For most Floridians — and most Americans — the
legal system is too complex. Other than what we may have seen on TV or in
movies, most of us don’t really understand what happens in a courtroom,
particularly when it comes to civil cases. So, when we have the misfortune of
being involved in a personal injury case, we are even more stressed out by the
prospect of filing a lawsuit.

While filing a legal claim can be daunting, a
skilled attorney can shepherd you through the process. This includes gathering
evidence that will help support your case and get you the compensation that you
deserve.

There are many different types of evidence that
can be used in a Florida personal injury case. For example, in a car accident
claim, a police report may be
used to demonstrate that the other driver was at fault for the collision.
However,  a police report is not
admissible in court.  Thus, there are
many other, more effective forms of evidence that can be utilized to prove a
claim, such as expert witnesses.

The Burden of Proof in Personal Injury Cases

Personal injury cases are based on a theory
of negligence, which is the failure of one party to use reasonable care to
avoid causing injury to another. The injured party, who is referred to as the
plaintiff, may suffer a range of damages, such as medical expenses, lost wages,
property damage, and pain and suffering.

When a plaintiff brings a personal injury
lawsuit, the burden of proof is on the Plaintiff to prove that the defendant
(the person or entity responsible for the accident) should be held responsible.
To do so, the plaintiff must prove the four elements of a negligence claim:
duty, breach, causation and damages.

Duty of care is the obligation that each of
us has to avoid injuring others or putting them in danger. A plaintiff must
show that a defendant had a duty of care based on the facts of specific case to
meet their burden of proof for this element.

Next, the plaintiff must prove that the
defendant breached their duty of care. This is shown by demonstrating that the
defendant either did or failed to do something that a reasonably prudent person
(an average person) would do under similar circumstances. For example, a
reasonably prudent person would not follow a car too closely in violation of
Florida law, so evidence that the defendant was following too closely at the
time of a car accident may be proof that they breached their duty of care.

The plaintiff then must show that the
defendant’s breach caused their injury. This is often a straightforward
requirement, such in dog bite cases: the dog bit you and you suffered deep
puncture wounds as a result. But in other claims, it may be more complicated,
like if you had a pre-existing injury — the defendant may argue that your
injury was pre-existing and not caused by the accident in question.

Finally, a plaintiff must prove their
damages. This will include any losses that you have suffered as a result of the
injury, which may include both special damages (out-of-pocket expenses that can
be quantified, such as lost wages) and general damages (more speculative
losses, such as pain and suffering). In rare cases, punitive damages are
awarded if the plaintiff can prove that intentional misconduct or gross
negligence occurred.

The Importance of Expert Witnesses

Learning the elements of a personal injury
claim is vital to understanding how expert witnesses can strengthen a personal
injury claim. Because the burden of proof is on the plaintiff to prove each
element of a negligence case, an expert witness may be necessary to bolster an
argument that a defendant had a duty of care to the plaintiff, breached that
duty, caused the plaintiff’s injuries, or that the plaintiff suffered certain
damages.

Under Florida’s evidentiary rules,
expert witnesses may testify at trial if scientific, technical or other
specialized knowledge will assist the jury or judge in understanding the
evidence or deciding a fact at issue in the case. A witness is qualified as an
expert based on their knowledge, skill, experience, training, or education. An
expert witness may be permitted to testify at trial if their testimony is based
on sufficient facts or data, is the product of reliable principles and methods,
and they have applied the principles and methods reliably to the facts of the
case.

This rule is meant to ensure that experts
presented in court (in both civil and criminal cases) are legitimate, and that
they present their opinions based on sound reasoning. In other words, if a
proposed expert witness is a conspiracy theorist whose testimony lacks any sort
of evidentiary basis, then they will not be permitted to testify. This is
important, because expert witnesses should add clarity to the case and help the
judge or jury determine the truth of what actually happened — and whether the
defendant should be held responsible.

There are a number of different types of
experts that may be used in a personal injury case. Some experts consult with
attorneys to help explain important issues, while others testify at trial. In
any given personal injury case, the following expert witnesses may be utilized:

  • Medical experts: to
    testify or consult about the victim’s injury, their treatment, and prognosis

    • Mental health experts:
      to testify or consult about how the injury has impacted the victim’s mental and
      emotional state
    • Accident reconstruction
      experts      : to testify or consult about how the accident happened using
      drawings, models and computer programs
    • Engineering experts: to
      testify or consult about the construction of a building or roadway and how it
      may have contributed to an accident
    • Manufacturing experts:
      to testify or consult about how a product was defective or improperly designed
    • Economics or financial
      experts      : to testify or consult about how the injury has affected the
      victim’s financial status (lost earning capacity, etc.)

These expert witnesses can provide vital
information at any stage of a trial — or before trial — that will support a
plaintiff’s case. For example, a doctor may be able to testify about the extent
of a slip and fall victim’s injuries, as well as how the accident impacts the
victim’s ability to engage in daily activities. This testimony may be crucial
to proving damages.

In other cases, an expert witness may be called
to talk about industry standards. This may be particularly important to prove
duty of care, by showing that similar entities act in a certain way — and the
defendant in this case fell below that standard, breaching their duty of care.

While expert witnesses are often costly to
hire, they can provide crucial information and testimony. Depending on the
facts of the case, an expert witness may even allow your attorney to negotiate
a favorable settlement rather than having to take the case to trial. If your
case does go to trial, having one or more expert witnesses may be essential to
a successful outcome.

Work with a Miami Personal Injury Lawyer

If you have been injured in any type of
accident, you are likely feeling stressed and overwhelmed about what to do
next. A personal
injury lawyer in Miami can relieve some of
that burden, by taking on the insurance company and handling the legal aspect
of your case while you focus on your recovery.

For more than 20 years, Kaire & Heffernan
has represented victims who have been injured in all types of accidents, from
slip and falls to dog bites to car accidents to medical malpractice. Based in
Miami, we offer services in both Spanish and English, as well as free initial
consultations for all prospective clients. To learn more, contact our office
today at 305-372-0123, or reach out online.

What Are Pain and Suffering Damages in an FL Personal Injury Case?

September 21, 2019 in /by

Anyone
who has experienced pain, suffering, mental trauma or emotional anguish understands how much they affect the
overall health and well-being of an individual. The feeling is especially true
when an injury has occurred due to someone else’s negligence. That is why personal injury
lawsuits in Florida allow plaintiffs to seek compensation for pain and
suffering.

Florida
statutes are specific as to what constitutes pain and suffering. Therefore, you
may want to discuss your case with a licensed Florida personal injury attorney to determine your
eligibility. He or she can also help you identify the amount you can request as
well as gathering evidence to prove your claims.

What Is Pain and Suffering?

The damages
recoverable due to an accident are not limited to medical bills and lost
income. There are intangible factors that come at the mental and physical
expense of the injured person. These factors are known as ‘pain and suffering’ in
a personal injury lawsuit.

Injuries that Qualify for Pain and Suffering Compensation

Florida
is one state that allows personal injury plaintiffs the opportunity to recover
compensation for pain and suffering in the courtroom. Florida state statutes allow you to recover for pain
and suffering when the you prove that the injured party sustained:

  1. total or partial loss of bodily
    functions
  2. permanent disability
  3. permanent scarring or
    disfigurement
  4. loss of life

Pain and
suffering must also be directly related to the anguish experienced by your
injuries. For example, if a car accident laceration severely scarred your face,
your pain and suffering damages would include shame and humiliation and loss of enjoyment of
life because you were embarrassed to go out in public. Judges and jurors pay
attention to details like that.

Pain and Suffering Without a Physical Injury Present

Most
personal injury pain and suffering claims are physical in nature. It’s
unusual to see a lawsuit without a physical component, but certainly not beyond the realm of
possibility. There are a few instances in which a physical injury has not occurred but the harmed individual could
receive compensation.

For
example, if a psychologist or psychiatrist may cause mentally or emotionally
damage to his or her patient, potentially through manipulation. This may lead
to emotional suffering, as well as an exacerbation of mental health conditions
such as depression or anxiety.

There are
other instances where pain and suffering without a physical injury may occur. Courts may award pain and
suffering damages in lawsuits involving defective or faulty products, whether
an injury has occurred or not, or in situations where an individual witnessed a
traumatic event.  For example, if a
mother sees her child die in a hit and run accident, she may recover pain and
suffering damages even if she was not physically injured.

How to Calculate the Value of Pain and Suffering in
Florida

It’s
challenging to calculate pain and suffering in a personal injury lawsuit. The
reason is that jurors are attempting to assign a measurable value to a
non-measurable situation; an individual cannot submit receipts or bills to prove
that they have suffered a certain amount. However, there are ways that
attorneys, insurance companies, courts and juries may arrive at a fair amount
for a pain and suffering award.

Pain and
suffering is considered “general damages” under Florida law. There
is no precise formula that can be used to determine this type of loss. However,
a number of factors may be considered when calculating damages, including the
severity of injury, the type of medical treatment received, the length of
recovery, prognosis, and the impact of the injury on the victim’s life.

If your
lawyer is attempting to negotiate a settlement with an insurance company, he or
she will use their experience and knowledge of similar cases to determine an
appropriate value for your pain and suffering damages. For example, if they are aware
that a local jury awarded $150,000 in pain and suffering damages for a car
accident case where the plaintiff had less severe injuries and a better
prognosis than what you suffered, they may use that as a basis to argue that
you should receive a bigger settlement for your pain and suffering.

Although
the Florida legislature recently attempted to put a limit on pain and suffering
damages, the bill was withdrawn from consideration. Under current
law, there is no cap on the amount of damages that an individual can receive
for pain and suffering in a personal injury case.

Proving Pain and Suffering

The
burden of proof for pain and suffering rests upon the shoulders of the
plaintiff in a personal injury case. That is why so many of their lawyers
advise them to keep a journal with relevant documentation related to one’s
injuries. You can later submit your journal as supporting evidence for pain and
suffering.

Aside
from personal memoirs, a personal injury lawyer uses other methods for proving
your case. He or she is in your corner, making them highly-vested in the
outcome of your case. Types of evidence to validate your claim may include:

  • verbal and written testimony
  • medical results and notes
  • videos and photographs
  • expert and physician testimony

The
amount you can recover for pain and suffering is contingent upon the extent of
your injuries. Judges and jurors also consider past and future medical
treatment measures, recovery time, and mental consequences associated with your
injuries. It’s a complicated process to obtain the
compensation you feel you deserve.

Work with a Florida Personal Injury Lawyer for the Best
Possible Outcome

Consider
working with an attorney to help you achieve the best possible outcome for  your case. He or she acts as a fierce advocate
in your corner throughout the process. The knowledge and professional training
an experienced lawyer can contribute to your claim can ensure your rights are
protected while maximizing your overall claim.

At Kaire
& Heffernan, LLC, our team of personal injury lawyers in Florida are ready to learn
more about your case today. You can schedule a free consultation by calling
866-769-0123 or by sending us a quick message.

Determining Liability in a Personal Injury Case

September 18, 2019 in /by

If you were involved in an accident, proving
who was at fault may seem like a simple matter: you know that the other guy did
it. Yet in a court of law, it is a bit more complicated. There are various
rules to follow, and standards that must be met in order to prevail.

In Florida, this means proving that a defendant
in a personal injury case was negligent. If you can do so, you will be entitled
to recover for your losses. An experienced attorney can work with you to help
build your claim, starting with a thorough investigation of the case.

The results of an investigation can be used to
form the basis of a personal injury lawsuit. Even if the case does not go to
trial, this information can be used to achieve a favorable settlement. Read on
to learn more about how to prove liability in a personal injury case.

Conducting an Investigation

The first step in determining liability in a
personal injury case is for your personal injury attorney in Miami to start an
investigation into the facts and circumstances surrounding the accident. This
is a critical element in figuring out who is legally responsible for the
damages that you have suffered. The insurance company for the other person or
entity involved may conduct their own investigation as well.

An investigation may involve a number of steps,
such as interviewing witnesses, reviewing surveillance footage, and monitoring
social media. For car accidents, working with accident reconstruction experts
can help to determine what may have happened leading up to a collision.
Visiting and photographing the site of an accident, like a business where a
slip and fall happened, may also provide invaluable information about the case.

Beyond gathering facts about the incident, an
investigation will also involve analyzing the case to determine if any other
parties may be responsible. For example, in a motorcycle accident claim that
happened because of a poorly maintained road, your attorney may determine that
a state or local government authority was responsible for maintaining the road. The governmental body may
be brought into the case, but must be done so according to special Florida rules on suing
state agencies or subdivisions.

Proving Liability in Court

In every personal injury case, it is the duty
of the plaintiff — the person who was injured — to prove that the other party
(the defendant) was responsible for his or her injuries. After conducting a
thorough investigation of the facts and circumstances surrounding the accident,
your attorney will then use the results of that investigation to demonstrate
that the defendant is liable for any and all losses that you suffered.

Personal injury cases are based on a theory of negligence, which is a
failure to use the car towards others that a reasonable or prudent person would
do in the same or similar circumstances, or taking an action that a reasonable
person would not take. A person or other entity (such as a business) can be
negligent in a number of ways. For example, if a business knew that its floor
tile was cracked and crumbling and was a tripping hazard, but did not fix it,
that may be considered negligent behavior, as a reasonable business owner would
have repaired the tile.

To win a personal injury case, a plaintiff must
prove four elements:

  1. The defendant had a duty of care to the plaintiff to avoid acting in a negligent manner.
  2. The defendant breached that duty of care.
  3. The defendant’s negligence caused the plaintiff’s injuries.
  4. He or she suffered damages.

If these four factors (duty, breach, causation
and damages) can be proven, then the defendant will be held liable and be
required to pay for the losses suffered by the plaintiff.

In demonstrating that the defendant owed the
plaintiff a duty of care, the key factor will be the level of care owed. This
will vary depending on the type of personal injury case. For example, drivers
owe other people on the road a duty to operate their vehicle safely and with
caution, while doctors owe their patients a high duty of care in providing
competent medical care.

Next, the plaintiff must show that the
defendant breached that duty of care by acting in a negligent manner. If the
defendant failed to act in a way that an average person would in the same or a
similar situation, then they breached the duty of care. Note that if the
defendant is a professional — such as a doctor — then the standard will not be
an average person, but an average person in their profession.

After showing that the defendant breached the
duty of care, a plaintiff has to prove that this breach was the actual and
direct cause of their injuries. If you were in a car accident and the crash
caused a broken leg, that will satisfy the element of causation. But if you
walked away from the car accident without any injuries, and then got stung by a
bee (causing an allergic reaction) while waiting for a tow truck driver, that
defendant may not be held liable for that injury.

Finally, the plaintiff must be able to prove
that they suffered damages. This may include losses such as medical expenses,
property damage, lost wages and loss of future earning potential. In Florida,
you may also be able to seek damages for pain and suffering that
you experienced as a result of your injuries.

How a Miami Personal Injury Attorney Can Help

It can be tricky to establish liability in a
personal injury case, particularly if more than one potential defendant was
involved or if the facts are complicated. By conducting an investigation and
then applying the results of that investigation to the legal elements of a
personal injury claim, a personal
injury attorney in Miami can make a strong
claim for compensation on behalf of someone who has been hurt in an accident.

Established in 1997, Kaire & Heffernan
represents victims of all types of accidents in Miami and the surrounding
areas. We offer free initial consultations, where we explain your rights and
options. Contact our office at 305-372-0123 or online to learn more or to schedule an appointment.

Florida Ranks 4th in Country for Worst Drivers

August 15, 2019 in /by

Florida drivers have moved
up on the list for worst drivers. Unfortunately, and not surprisingly, it’s in the wrong direction.

A recent study by
SmartAsset, ranked Florida drivers as fourth-worst in the U.S. In truth, the
Sunshine State tied for the same position with Texas and Nevada. The last study
compiled ranked Florida as the eighth-worst state for drivers overall.

Key Takeaways from the Study

SmartAsset uses four areas
of competency to file and rank states in terms of how well their drivers fare
on the road. The metrics used include per capita number of DUI arrests, motor
vehicle fatalities, number of traffic violations, and number of speeding
tickets. It also takes into consideration the number of insured drivers.

The study cites that
roughly 73 percent of Florida drivers possess the required mandated insurance.
This number is the lowest in the country.  
Never mind the fact that “mandated” insurance does not require Bodily
injury liability under Florida law.   DUI
arrests rank eighth lowest, placing the state in the top ten.

Here’s where things take a dark turn. According to
the study, there are 1.47 fatalities per 100 million miles driven. This number
places Florida in the top ten ranks of most deadly states through which to
drive.

Southern States Have a Reputation for Bad Drivers

The study also cites that
southern states carry the least favorable impression on their residents’ ability to drive safely
and obey laws. Five of the top ten states for worst driving fall under the
southern region of the U.S.

In short, driving through
Florida is a dangerous feat. Texting while driving is the leading cause of
motor vehicle-related fatalities. Even gas prices and the economy play a role.
More people driving on public roadways respectively increases the tally
regarding accidents and traffic tickets by virtue of statistical data.

Top 10 States with the Worst Drivers on the Road

Either way, commuting in a
motor vehicle is a necessity for most of the population. Let’s see how Florida stacks
up against the rest of the top ten states with the worst drivers on the road.

  1. Mississippi
  2. Alabama
  3. California
  4. Florida
  5. Nevada
    (tied 4th place)
  6. Texas
    (tied 4th place)
  7. Arizona
  8. Alaska
  9. Tennessee
    (tied 8th place)
  10. Missouri

As you can see, there are
plenty of drivable states that made the list. However, let’s consider how Florida’s cities stack up against themselves regarding
driving ability and safety.

Best and Worst Places to Drive in Florida

Another study compiled by QuoteWizard ranks fifty of Florida’s largest cities to consider safety and
drivability. In addition to the same metrics mentioned in the previous section,
the study analyzed data from more than 400,000 online insurance quotes to rank
cities.

Here are the results:

Worst Cities to Drive in Florida

  1. Jacksonville
  2. Tallahassee
  3. Clearwater
  4. Cape
    Coral
  5. Gainesville
  6. Plantation
  7. St.
    Petersburg
  8. Pine
    Hills
  9. Fort
    Myers
  10. Deerfield Beach

Jacksonville was the leader
among worse drivers. The study attributes their findings to the number of
traffic fatalities. There are current 16.10 fatalities involving motor vehicles
per 100,000 drivers. Florida’s state average is 14.83.

Best Cities to Drive in Florida

  1. Pembroke
    Pines
  2. Daytona
    Beach
  3. Miami
    Beach
  4. The
    Villages
  5. Poinciana
  6. Lauderhill
  7. Weston
  8. Kissimmee
  9. Pompano
    Beach
  10. Delray Beach

QuoteWizard further posits
that you are more likely to experience better drivers on the roadway as you
head further south. In a shocking statistic, Broward County carries a traffic
fatality rate of 11.62 fatalities per 100,000 people. That’s 21.6 percent fewer fatality incidents when
compared to the rest of the state.

Key Takeaways from Both Studies

The state of Florida keeps
moving down the ranks of worst drivers but not for the better. Over the last
few years, a recent study downgrades the Sunshine State from eighth-worst to
fourth worst. Let’s avoid taking over the number one spot, fellow Floridians.

SmartAsset’s study considered DUI
numbers, traffic fatalities, traffic citations, and percentage of insured
drivers. On a positive note, Florida’s DUI arrests are among the lowest in the
nation while traffic fatalities are some of the highest.

Just like in life, there
are no absolutes when it comes to labeling an entire state. Each city within
has its own merit. The worst city in which to drive is Jacksonville while
Pembroke Pines is the best. The further south you drive into Florida, the
better experience you have with other drivers.

About Kaire Heffernan, LLC

Kaire Heffernan, LLC is a personal injury law firm that serves residents of Miami-Dade County and surrounding areas. Since 1997, our Florida personal injuries have helped injured people receive the compensation they deserve on valid claims. If you have been injured in an accident involving a motor vehicle, you can schedule a free consultation by calling 305-372-0123.

Passage of FL Claim Bill Approves a $1.45M Settlement After Cyclist Struck by County Bus Driver

August 14, 2019 in /by

Eric Tenner was an avid cyclist who was conscientious of bicycle
safety and wearing the recommended equipment associated with riding. He had a
happy family life with his wife, Maria, and their two young children. By all
accounts, The Tenner’s were heading towards a loving and bright future.

Unfortunately, Mr. Tenner was involved in an accident that would
change their lives forever. His survivors would eventually file a lawsuit
against Miami-Dade County and receive special consideration on damage caps
against the government.

The Day of the Accident

During his regular morning exercise routine, Mr. Tenner stopped
just south of the intersection at SW 124th and US-1 Busway in
Miami-Dade, County. Unexpectedly, a bus driver, Jose Sequeira, struck Mr.
Tenner from behind. The competitive cyclist died just days later while in the
care of Kendall Regional Medical Center in Miami.

Police subsequently arrested Mr. Sequeira after leaving the scene
of an accident. The case against him was particularly damaging since he caused
severe bodily harm to Mr. Tenner. The State of Florida eventually dropped
criminal charges against him since it was unable to prove Mr. Sequeira knew he
had struck a cyclist.

A Second County Bus Driver Becomes an Eye-Witness

A second bus driver, Miguel Mora, was driving directly behind Mr.
Sequeira and witnessed the entire event. He pulled over to provide medical
assistance to Mr. Tenner while on his regular route. During the trial, Mr. Mora
testified that it was a common occurrence to experience heavy pedestrian and
cycling activity in the area.

He also attested that pedestrians are frequently struck by motor
vehicles at the same intersection where Tenner met his fate. He stated that bus
drivers are always on “pins and needles” due to the lively nature of the
intersection and surrounding locations. “As professional bus drivers, they are
held to a higher standard. They’re constantly getting hit. There’s a lot of
accidents on the Busway,” said Mora.

The Lawsuit

During any given lawsuit, Florida laws require the parties to exchange information and evidence as par for the course. This period is known as the ‘discovery phase.’ In this particular case, Miami-Dade County attorneys stated that the busway is limited to use by emergency and transit vehicles only.

This assertion was a hotly contested issue during the lawsuit. The main question kept returning to whether Mr. Sequeira should have been able to reasonably see and anticipate the presence of pedestrians and bicyclists in the area before sunrise.

Sovereign Immunity Limits Played a Role in the Case

Initially, the courts allowed both parties to skip the typical
mediation phase of a lawsuit. Mediation is a formal meeting of the plaintiffs,
defendants, and their attorneys to resolve the case out-of-court. Doing so
reduces stress on an already overcrowded legal system.

The mediation requirement was waived since Mr. Tenner’s survivors
would not voluntarily accept the state’s sovereign immunity limits.
As time progressed, both parties reconsidered the possibility of settlement
negotiations that reflected contributed negligence from both sides.

Expert Testimony Raises the Bar on Damages

On May 16, 2017, Fred Raffa, an economist, testified that the
Estate of Eric Scott Tenner suffered losses in excess of $3.5 million. The
defense did not argue with this number. However, sovereign immunity laws capped
damages against government entities to $300,000.

A Claims Bill Increases
Access to Justice

On April 17, 2019, the Florida Senate passed HB
6513, also known as ‘the claim bill.” Instead
of limiting damage caps to $300,000, HB 6513 sought approval to pay Mr. Tenner’s
estate $1.45 million.

Gov. Ron DeSantis signed the bill and was enacted to pay a fair
sum to Tenner’s survivors. Even though sovereign immunity laws are in place to
protect government agencies, lawmakers can pass individual bills to approve
payments well over limits.

State sovereign-immunity laws place limits on the liability of
government agencies. However, lawmakers can pass claim bills directing payments
higher than those limits. Before the bill’s passage, Miami-Dade County had
previously paid $300,000 to the estate.

Florida Senators voted 34-2 in favor of the bill. Sen. George
Gainer, R-Panama City, and Sen. Keith Perry, R-Gainesville, opposed the bill.

About Kaire Heffernan, LLC

Kaire Heffernan, LLC is a personal injury law firm serving Miami-Dade County, FL, and surrounding areas. If you were negligently injured in an accident involving a government agency, discuss your case with a member of our legal team today. You can schedule your free, no-obligation consultation by calling 305-372-0123 or by sending us a quick note.

Florida Lawmakers Repeal CON Requirements for General Hospitals, Tertiary Service Providers

August 13, 2019 in /by

On April 29, 2019,
legislators passed regulations that repeal the Certificate of Need (CON) law. The new measure primarily affects
hospitals. The law prohibited health care providers from venturing into new
business markets unless a need went unmet in an underserved community.

Unfortunately, the CON law
also limited innovations in the health care space. Moreover, lawmakers
agreed.  As of July 1, 2019, statutes no
longer limit hospitals and tertiary service providers to the services they
provide. CON laws still apply to nursing homes and convalescent centers;
however, that may change over time as well.

The idea behind the CON
method was to place checks-and-balances on healthcare services available to the
general public within a given geographic area. Health care costs tend to be
unpredictable in the free market, but fair competition is the main tenet of
capitalism.

History of Florida’s Con Laws

The Agency for Health Care
Administration (AHCA) oversees Florida’s CON program. One way in which they accomplish
their purpose is to approve or deny new construction for or expansion on health
care facilities located in the state of Florida.

Under Florida CON laws, the
AHCA based its decisions on the need of a particular community within a region.
This geographic area is known as a ‘fixed need pool.’ Ultimately, it required health care facilities
to demonstrate that the new facility or expansion would fulfill an unmet need
in the fixed need pool to obtain a license.

CON laws have applied to
health care service facilities and providers for more than fifty years. It
historically applied to hospice centers, hospitals, immediate care facilities,
and nursing homes. The application process includes a three-tiered level of
review. Roughly half of all applications that go before the board receive approval.

Research Improved the Availability of Healthcare Services in Florida

The Department of Health
and Human Serves (HHS)
issued a report in 2018 to encourage federal and state lawmakers to repeal CON
laws. It cited that patient choices for health care services limited their
access to healthcare and actually increased the cost of healthcare in
states that use this method.

Lawmakers around the
country, including Florida, took note. As of the date of this blog post, twelve
states do not have CON laws in place. There are four other states that enact a
limited CON program. Florida is the fifth state to join the ranks of states with
limited CON laws.

The Limited Repeal of Florida’s CON Requirement

Under the new Florida CON
requirements, the AHCA no longer requires general and specialty hospitals to
receive approval to open or expand their facilities. That means new
construction and expansions only face existing licensure requirements without
the additional red-tape. It also ensures that competitors do not have the
opportunity to oppose the growth of competing facilities.

Specialty Hospitals Have a Two-Year Delay

Specialty hospitals are
also free from CON laws as well. However, legislation delays their lifted
restrictions until July 1, 2021. Florida statutes define specialty hospitals as:

  • regular medical services provided to a
    particular age or gender group
  • services used to treat patients with mental or
    psychiatric disorders
  • programs that utilize an intensive residential
    treatment program for minors

As previously mentioned in
this article, HB 21 does not remove restrictions and limitations
from nursing homes, hospice centers, and restricted facilities. The AHCA still
requires these providers to complete the formal approval process in proving an
unmet need exists in a fixed need pool.

Florida Lawmakers Continue to Evaluate the CON Program

HB 21 also requires the Office of Program Policy Analysis and Government Accountability (OPPAGA) to
keep tabs on the program for tertiary hospitals. OPPAGA will compile program
research into a formal study by November 1, 2019. The outcome of its findings
may impact CON requirements on these facilities down the road.

Summary of Florida’s Limited Repeal to the CON Program

Healthcare law is shifting
across the country. To meet healthcare access needs for all, several states,
including Florida, have partially repealed their Certificate of Need (CON)
requirements. This action allows for fair market competition, lower healthcare
costs, and increased access to medical care.

General hospital and
tertiary service providers are free from restrictions as of July 1, 2019.
Specialty hospitals will no longer be bound by CON requirements beginning July
1, 2021. Nursing homes and convalescent centers must obey CON laws indefinitely
or until repeal takes place.

Hospitals have a difficult
time staffing hospitals. There is a shortage of quality nurses and medical
professionals.  Allowing facilities to
“open up” will exacerbate the existing shortage and surely lead to  medical errors and more medical malpractice
claims.

About Kaire Heffernan, LLC

Kaire Heffernan, LLC is a personal injury and Medical Malpractice law firm located in Miami, FL. Firm founder, Mark Kaire, has been serving negligently injured residents of Miami-Dade County and surrounding areas since 1997. If you need to speak with a member of our legal team, please call305-372-0123.

Fall Protection Training Near Miami

June 16, 2019 in /by

Why
a Simple Training Course Could Reduce Your Risk Exposure and Save Lives

Falls
from heights are the #1 cause of death in the construction industry, and yet
they are also among the most easily preventable.

According
to a 2011 OSHA report, falls account for more than 1/3 of construction-related
deaths in the United States. Many of these involved a careless mistake or a
flagrant safety violation — errors that might have been avoided with
proper safety training.

To
that end, OSHA has created special fall protection training guidelines
for worksites across the country, including special guidelines for people
working in the construction industry and other workers who may be at risk for a
fall from heights. This includes those who work on ladders, scaffolding,
cranes, overhead platforms, and other high elevations.

Below,
we provide a general overview of fall protection, explain the importance of
competent person training, and briefly describe your rights after suffering an
on-the-job fall in Miami, Florida.

What
Is Fall Protection Training?

Fall
protection training helps construction companies, supervisors, and laborers
(and others working at dangerous heights) to understand what is required of them
under government regulation.

Just
as importantly, fall protection training provides potentially life-saving
insight into how to properly use safety equipment, as well practical
precautions that you and your team can take in order to reduce the risk of
harm.

What
Is Competent Person Training?

OSHA defines
a “competent person”
as “one who is capable of identifying existing and predictable hazards in
the surroundings or working conditions which are unsanitary, hazardous, or
dangerous to employees, and who has authorization to take prompt corrective
measures to eliminate them.”

Many
fall protection training programs offer a “competent person training course.” At
the end of this course, you may receive a fall protection training certificate,
which certifies that you are:

• Knowledgeable
of applicable standards

• Are capable of identifying workplace hazards
relating to your specific operation, and

• Have
the authority or ability to correct those hazards.

I
Already Have a Fall Protection Training Certificate. Do I Need Additional
Training?

Employers
in the construction field have a duty not only to provide adequate fall
protection but also to provide adequate training to their employees.

Depending
on the circumstances and how long it has been since a worker obtained his or
her fall protection training certificate, additional retraining may be
advisable.

The
Importance of Fall Protection Training Near Miami

As
Miami construction accident lawyers, we have seen first-hand how devastating a
simple act of carelessness on the job site can become. Too many innocent and
hardworking laborers have been needlessly injured or killed as a result of
inadequate fall protection and/or insufficient training.

If
you work at tall heights, fall protection training could save your life.

If
you own, operate, or supervise construction projects (or other work activities
that present a risk of falling), enrolling in fall protection training near
Miami could save your workers’ lives — and it may also spare you the costs
associated with workplace injuries and litigation.

There
are a number of well-established, highly-rated, OSHA-compliant programs
offering fall protection training near Miami. We urge anyone working in the
construction field in Florida to look into those options as soon as possible.

What
to Do If You’ve Been Injured in a Fall from Heights

If
you or someone you love has been injured after suffering a job-related fall, we
encourage you to contact our office and learn more about your rights under
Florida law.

Kaire
& Heffernan, LLC is a Miami personal injury law firm with years of
experience in helping Florida workers recover the full and fair financial
compensation they deserve after an on-the-job accident.

We
will not charge you a fee for our services unless and until we recover
compensation in your case. And your initial consultation is
absolutely free.

To learn more, contact the Miami construction accident lawyers at Kaire & Heffernan, LLC and request a free, no-obligation consultation today.