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Mark Kaire

About Mark Kaire

Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami's legal issues for many years.

Entries by Mark Kaire

Negligent Security In Miami During The Holiday Season

As shoppers get ready to hit the malls, this is a good time to remember that malls are a target for criminal behavior and thus resulting negligent security claims.   After a challenging 2020 holiday shopping season, retailers in Miami are expecting normalcy to return in shopping behavior and consumer spending.  

Over one million retail establishments across the country are gearing up  for a bumper holiday shopping season.  One thing is certain, stores certainly aren’t being replaced by ecommerce shopping portals yet.  Miami stores, malls, hotels, businesses, retail establishments, property owners and managers have an obligation to protect patrons and visitors from reasonable and foreseeable crimes and injuries.  Unfortunately, some of  these entities put profits ahead of the safety and security of  people and fail to take proper security measures.  That failure results in assaults, robberies, injuries, and even deaths.  Eventually, Juries and Courts will punish such establishments financially.

WHAT IS NEGLIGENT SECURITY?

Negligent security laws are a sub-set of premises liability laws.  Negligent security arises from situations in which an innocent person is injured by a third-party and seeks to hold  the owner of the property on which his or her injuries occurred liable. 

Negligent security occurs when a property owner fails to take reasonable steps to deter foreseeable criminal behavior and fails warn patrons and visitors of foreseeable dangers. Property owners should implement well thought out safety policies and procedures.

 

FOUR ELEMENTS OF NEGLIGENT SECURITY.

Being injured on a shopping trip doesn’t always warrant a claim for negligent security.  A person can get into a fight while shopping and get injured.   A plaintiff has to prove the following elements to succeed in a negligent security lawsuit:

  • The defendant had a legal duty of care towards the injured person.
  • The defendant failed in his or her duty to provide adequate security.
  • The defendant’s negligent security caused injury.
  • Adequate security would have prevented the harm.

ESTABLISHING LIABILITY.

To prove liability in negligent security cases, it must be determined if the criminal act was foreseeable and whether reasonable care was taken to prevent it.  The plaintiff (crime victim) has to prove that he was legally on the property, that the owner had a duty of care, and that the criminal act was foreseeable.  It must be further proven that monetary and physical damages resulted from the criminal activity on the property.

The plaintiff must establish that the owner of the property had a duty to provide adequate security measures to protect the victim from criminal acts of other persons.

Property owners do not have to guarantee that everyone who enters their property will be safe.  What is required is responding appropriately to foreseeable risks.

If you or a loved one has been a victim of a crime as a result of negligent security, consult a knowledgeable and experienced Miami negligent security attorney to learn about your legal rights and whether you are entitled to hold the owner of the property where the attack or assault occurred responsible.

COMMON CAUSES OF NEGLIGENT SECURITY IN MIAMI.

Ways in which a property owner can be held liable for negligent security include:-

  • Lack of or broken locks, doors, fences, gates, and windows.
  • Not checking identity cards.
  • Lack of controlled access checkpoints.
  • Inadequate safety measures despite a prior history of crimes.
  • Lack of surveillance cameras and alarms.
  • Improperly maintained landscape or bushes.
  • Poor lighting.
  • Insufficient emergency exits.
  • Incompetent or untrained or poorly supervised or understaffed security personnel.
  • Employment of individuals with criminal backgrounds.

PLACES WHERE INCIDENTS OF NEGLIGENT SECURITY OFTEN OCCUR.

Common sites named in negligent security claims in Miami include:-

  • Apartment complexes.
  • College campuses, hospitals, and schools.
  • Shopping malls and shopping centers.
  • Gas stations and convenience stores.
  • Restaurants, hotels, motels, nightclubs and bars.
  • Parking lots and parking garages.
  • Amusement and theme parks.
  • Community swimming pools and public parks.
  • Music concerts and sporting events.
  • Nursing homes and daycare centers
  • Movie theaters and museums.
  • Banks and ATMs.

CRIMINAL ACTIVITIES REPORTED IN NEGLIGENT SECURITY CLAIMS.

Criminal activity that is commonly seen in negligent security claims include:-

  • Armed robbery.
  • Theft.
  • Burglary.
  • Assault.
  • Mugging.
  • Shootings.
  • Stabbings.
  • Battery.
  • Rape.
  • Murder.

The crimes committed in negligent security claims are of a serious nature and often violent.  If  a property owners failed to maintain adequate security measures on their properties, then they may be held liable for injuries sustained and economic damages incurred.

SAFETY MEASURES TO BE UNDERTAKEN BY MIAMI SHOPPERS DURING THE SHOPPING SEASON.

Standard precautions recommended by Miami police that can be taken to ensure a pleasant and safe shopping experience include:

  • Be aware of your environment and what is happening around you. Avoid distractions.  
  • Avoid carrying large amounts of cash.
  • Keep valuables and purchases out of sight or in the trunk of your car.
  • Men and women should carry their wallets in the front pocket of their trousers.  Purses should be held close to the body.
  • At night, park your car only in lighted areas and keep car doors locked.
  • When at the bank or ATMs, pay attention to who is around you.  Check ATM for tampering or evidence of a skimming device.
  • Do not leave bags, briefcases, purses, and other luggage unattended.
  • Never accept or consume food offered by strangers.
  • While visiting any establishment, know the location of fire escapes, elevators, and emergency exits.
  • If you are being followed, keep moving towards the nearest police station.
  • If possible, do not go shopping alone.

COMPENSATION FOR VICTIM OF NEGLIGENT SECURITY IN  MIAMI.

Amount of compensation in negligent security cases varies based on the nature of the crime, the degree of liability, and the extent and nature of injuries and damages suffered.  Our Miami negligent security lawyers help victims recover:-

ECONOMIC DAMAGES.

  • Past and current medical costs.
  • Future medical costs.
  • Lost wages and business income.
  • Loss of future earning capacity.

NON-ECONOMIC DAMAGES.

  • Pain and suffering.
  • Emotional distress.
  • Loss of consortium.
  • Loss of enjoyment of life.

WHY CHOOSE KAIRE & HEFFERNAN?

Miami negligent security lawyers at Kaire and Heffernan have made numerous property owners and businesses pay dearly for their callous and lax attitude towards the safety and security of their customers and visitors.

 Negligent security cases are complex and challenging as there are no minimum security requirements prescribed by law for businesses.  Proper security measures are not one size fits all solutions in case of negligent security cases.  Every business has its own unique and personal security requirements.

Our team of negligent security lawyers in Miami are experienced at :-

  • Studying and analyzing the crime rate at the location of your injury.
  • Collecting and protecting evidence. They know how to obtain and review medical records.
  • Studying footage from security cameras and closed circuit video.
  • Proving that the business owner should have been able to anticipate the criminal activity that caused the victim’s injury.
  • Identifying the inadequate security measures which the property owner had in place at the time of the attack.
  • Determining the minimum level of security that would have been necessary to keep the injured victim safe.
  • Searching past criminal reports or incident reports.
  • Consulting with experts to assess the security measures and preventability of the attack.
  • Getting through the maze of paperwork required in filing a negligent security claim. There are specific time limits, restrictions and rules for filing such a claim.  A experienced personal injury attorney at our firm ensures that your claim is filed at the earliest in accordance with the Florida Statute of Limitations which is four years from the date of your injury.
  • Helping determine fault and liable parties.
  • Ensuring a fair settlement is reached on your behalf with attorneys and insurers of the property owners who try to deny the plaintiff’s claim or reduce the claim value significantly.  
  • Taking your case to trial if required.

I WOULD LIKE TO SPEAK TO A MIAMI NEGLIGENT SECURITY LAWYER.

If you or your loved has been attacked, sexually assaulted or robbed at weapon-point while shopping during the holiday season at a retail store, or a mall, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced negligent security lawyer at our firm for a free case evaluation right away.

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Accidents Involving E-Scooters And E-Bikes Are On The Rise

E-Scooters and E-bikes are a suitable alternative to conventional modes of transportation, especially in Miami to cover short distances.  Americans are using these micro-mobility products to travel to work, school, and perform other activities.  Our office is located in Brickell, and the roads are filled with scooters.  ¸

Many app-based services have sprung up in the country that offer E-scooters and E-bikes for rent, leading to parking space shortages and other hassles for many cities and communities.

According to a US Consumer Product Safety Commission (CPSC) report, injuries and deaths continue to rise as the use of micro-mobility products gains popularity in the country.

As the number of E-scooters, E-bikes, and hoverboards on the roads increases, so does the risk of accidents.  These products are smaller, compact and quieter, making them less visible and audible to other drivers on the roads, which can make these micro-mobility products vulnerable to accidents which result in injuries to it’s riders.  

E-Scooters are dangerous for pedestrians too, a danger illustrated by the death of actress Lisa Banes after getting hit by an E-Scooter while crossing a street in New York City in June.

CONSUMER PRODUCTS SAFETY COMMISSION (CPSC).

The US Consumer Products Safety Commission is in charge of protecting the general American public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products.

Deaths, injuries, and property damage from consumer products-related  incident costs the country more than $1 trillion every year.

The CPSC is working closely with ASTM International and Underwriters Laboratories to develop and improve voluntary standards to address the mechanical, electrical, and human factors that make some products hazardous.

CPSC has been responsible for the decline in the rate of deaths and injuries associated with consumer products over the past 40 years.

Here’s what the latest data from the CPSC indicates:

  • Emergency Room visits involving micromobility products-related accidents jumped by 70% between 2017 and 2020.
  • More than 190,000 emergency room visits were recorded due to accidents involving E-Scooters, E-Bikes, and hoverboards between 2017 and 2020.

The year-on-year rise is documented below:

    • 34,000 (2017).
    • 44,000 (2018).
    • 54,800 (2019).
    • 57,800 (2020).
  • Most of the increase in micromobility product accidents between 2017 and 2020 has been attributed to E-Scooters.  Emergency room visits due to E-Scooters-related mishaps steadily increased.  The year-on-year rise is shown below:
  • 7700 (2017).
  • 14,500 (2018).
  • 27,700 (2019).
  • 25,400 (2020).
  • Most injuries reported were to upper and lower limbs, as well as head and neck.
  • 71 fatalities associated with micro-mobility products were reported from 2017 through 2020.
  • In a report published last year, the CPSC observed that brake problems were a major reason for accidents involving E-Scooters, while hoverboards catching fire was also a recurring hazard.
  • According to a study published in the Journal  Of Pediatrics, hoverboards were responsible for landing more than 26,000 children in hospital emergency rooms in 2015 and 2016 respectively.
  • A new study by Rutgers University shows that the number of head injuries from riding E-Scooters tripled over the past ten years.

FLORIDA LAWS FOR THE USE OF E-SCOOTERS AND E-BIKES.

Florida Governor Ron DeSanctis legalized electric scooters in 2019.  Riders are required to be 16 years and above and are not required to have a driver’s license.

E-Scooters are required to abide by laws pertaining to bicycles.  E-Scooters and E-Bikes are to be operated in bicycle lanes.

The bill signed by Governor DeSanctis allowed cities to regulate E-Scooter programs.  These micromobility products must not exceed s maximum speed of 30 MPH.

ADVANTAGES OF E-SCOOTER AND E-BIKES.

  • E-Scooters and E-Bikes are convenient to use, relatively easy to fix and maintain, and have low operating costs.
  • These micro-mobility products cause no air or noise pollution, are eco-friendly, and save greenhouse gas emissions.
  • They are fun to use, perfect for short distances, and easy to park.

DISADVANTAGES OF E-SCOOTERS AND E-BIKES.

  • E-Scooters and E-Bikes have been responsible for increase in the number of accidents.
  • These micromobility products can be easily stolen.
  • Insurance companies are apprehensive to insure these products.

PRECAUTIONS E-SCOOTER AND E-BIKE RIDERS SHOULD TAKE TO PROTECT THEMSELVES AND OTHERS.

  • Always wear a helmet.
  • Be aware and cautious of the surroundings.
  • Before riding an E-Scooter, make sure to check it for any damage.  Examine the handlebars, brakes, throttle, bell, lights, tires, cables and frame before each ride.
  • Respect the right of the road of all other vehicles.
  • Never ride under the influence of alcohol or drugs.

TYPES OF INJURIES SUSTAINED IN MICRO-MOBILITY PRODUCT ACCIDENTS.

 Most common e-scooter and e-bike accident injuries are :-

  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Concussions.
  • Internal bleeding.
  • Scarring and Lacerations.
  • Traumatic brain injuries.
  • Serious burns.
  • Permanent disability.
  • Wrongful death.

COMPENSATION FOR A VICTIM OF A MICRO-MOBILITY PRODUCT ACCIDENT IN MIAMI.

Our E-Scooter accident lawyers in Florida work tirelessly to ensure that a victim of an accident involving E-Scooters or other micro-mobility products gets a fair and just compensation for :-

ECONOMIC DAMAGES.

  • Past and future medical costs.
  • Lost wages and business income.
  • Loss of future earning capacity.

NON ECONOMIC DAMAGES.

  • Pain and suffering.
  • Emotional distress.
  • Loss of consortium.
  • Loss of enjoyment of life.

CONTACT A MIAMI MICRO-MOBILITY PRODUCT ACCIDENT LAWYER AT KAIRE & HEFFERNAN.

Our team of Miami e-scooter accident lawyers are skilled negotiators and dynamic litigators who know how to effectively deal with attorneys and insurers of the defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   Our team will: –

  • Identity potential defendant/s.
  • Gather accident reports and medical records.
  • Document all the  medical treatment.
  • Seek compensation from the liable parties.
  • Stand up to insurance companies and force them to consider a victim’s claim seriously.
  • Advice the victim so he or she can make informed decisions.

If you or a loved one has been injured in a micro-mobility product-related accident due to the carelessness or negligence of any of the following:

  • Driver of a passenger vehicle.
  • Truck driver.
  • Bus driver.
  • Motorcyclist.
  • Pedestrian.
  • E-Scooterist, E-Biker, or Hoverboard rider.
  • Manufacturer of a defective electric scooter or a product used in it, or
  • Any Government entity.

Then you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced E-Scooter Accident lawyer at our firm for a free case evaluation right away.Accidents

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Miami Bicycle Accident Lawyer

We are Personal injury lawyers that represent bicycle accident victims throughout the state of Florida.  We are avid cyclists and keenly aware of both the benefits and risks of cycling.

On the benefits side, cycling is a wonderful workout that offers a wealth of benefits.  For many residents of Miami, it is a preferred mode of transport.  Bicycling is an inexpensive and pollution-free mode of transportation for getting around the city.  The use of bicycles can alleviate traffic congestion and lower greenhouse emissions by reducing the number of cars on the road.

Unfortunately, on the risk side, Miami is one of the most dangerous cities for fatal and injury-causing accidents in the country.  Miami drivers are notorious for showing off their fancy cars, speeding, and not following traffic regulations. Excessive heat, wet weather and aggressive drivers can make your bicycling experience on the roads of Miami uncomfortable and possibly dangerous.

Accidents involving bicyclists are on the rise in Miami and are a  concern for city officials and administration.  Along with pedestrians, bicyclists are most vulnerable on Miami roads.  

Bicyclists involved in accidents often require months or even years of intensive medical treatment and rehabilitation before they recover. Bicyclists have no protection when they are involved in an accident, unlike motorists who are surrounded by metal and protected by seatbelts and airbags. 

SOME IMPORTANT FACTS AND STATISTICS ON ACCIDENTS INVOLVING BICYCLES IN FLORIDA AND THE COUNTRY.

  • An estimated 675 cyclists were killed in the United States in accidents in 2020.
  • More than 25% of bicycle fatalities were caused by hit-and-run accidents in 2020.
  • Each year, 2% of motor vehicle crash deaths are of bicyclists.
  • 62% of bicyclists killed in 2019 were not wearing helmets.
  • In majority of cycling deaths, the most serious injuries were to the head.
  • Florida had the second-highest number of cyclist fatalities in the country with 90 deaths in 2020.
  • Arterial roads are most dangerous for cyclists, accounting for over 65% of cycling fatalities.
  • In 2020, the Florida Department of Highway Safety and Motor Vehicles recorded 5,082 bicycle crashes.
  • Florida laws provide bicyclists all the rights, duties, and protections of a pedestrian.  Florida bicyclists are permitted to ride on sidewalks.

PROVING NEGLIGENCE IN A MIAMI BICYCLE ACCIDENT CASE.

Bicycle accidents due to human error and negligence are the greatest causes of deaths and serious injuries in Miami and throughout Florida.

Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.” 

To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-

  • The defendant (the accused party) owed the plaintiff a reasonable duty of care.  

Drivers, motorcyclists, bicyclists and even pedestrians owe a duty of care towards others on the roadways.

  • The Defendant breached his or her duty of care.

The breach of care by the defendant is the crux of the personal injury law.  It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant.

  • The breach of duty by the Defendant caused the accident.

It is not enough to show that the Defendant was negligent, careless or reckless, it has to be established by a preponderance of the evidence that his or her act of negligence was the main cause of the accident.

  • The accident caused compensable damages.

The plaintiff must establish that he or she suffered damages due to the breach of duty by the Defendant.  Damages may include physical injury, pain and suffering, mental anguish, emotional distress, lost wages, loss of enjoyment of life and/or property damage. 

WAIT FOR THE POLICE TO ARRIVE.

Most bicyclists involved in accidents with cars make the mistake of not contacting the police following the accident and obtaining a copy of the police report.  Many bicyclists leave the scene of the accident before the Police arrive.

Victims are usually of the opinion that the damage to their bicycle is minor, and they have suffered few or no injuries.  However, they could experience symptoms of an injury in the days or weeks after their accident.

Although a police report is not mandatory while filing a claim with the negligent driver’s insurance company, it is an important piece of evidence which provides the insurance company with important information regarding your claim.  A police report is an impartial third-party account by a police officer that summarizes the police’s interpretation of what happened and who bears responsibility.

You should do your level best to get your side of the story into the police report.

Absence of a police report can weaken your claim for compensation.

The police might issue a traffic citation against the driver.  A traffic citation will not ultimately prove who is responsible, but it can be  useful at the time of settling your claim.

FLORIDA  IS A PURE COMPARATIVE NEGLIGENCE STATE.

Comparative negligence simply means that when there is an accident, multiple parties can share fault.  When such negligence is alleged, there is apportionment of fault between the parties involved in the accident.  

If you are the plaintiff, you will not be barred from recovering damages, but it may reduce the amount of damages you receive.  Insurance claim adjusters use comparative negligence to reduce the value of claims.

Under pure comparative negligence rules, courts treat levels of negligence in terms of percentages.  For instance, if you are held 30% at-fault and you are awarded $100,000 in damages, you will eventually receive $70,000 after your percentage of fault in the accident is deducted from the amount of damages awarded to you.

An experienced Miami bicycle accident lawyer knows how to effectively deal with claim adjusters of insurance companies who try to deny the plaintiff’s claim or reduce the claim value significantly.

 COMPENSATION FOR A VICTIM OF A BICYCLE ACCIDENT IN MIAMI.

Our Miami bicycle accident lawyers help victims recover compensatory damages mentioned below:-

ECONOMIC DAMAGES.

  • Medical Bills.
  • Lost Wages.
  • Lost earning capacity.
  • Property damage.
  • Estimated future medical expenses.
  • Out of pocket expenditure.

NON-ECONOMIC DAMAGES.

  • Pain and suffering.
  • Mental anguish.
  • Loss of companionship.
  • Emotional distress.
  • Loss of enjoyment of life.

KAIRE AND HEFFERNAN – EXPERIENCED AND TRUSTED  LEGAL REPRESENTATION IN MIAMI.

Our law firm provides genuine support and compassionate advocacy for clients who are victims of personal injury.  Our lawyers know how stressful being injured in an accident can be – especially when you are not at-fault.

Our bicycle accident lawyers in Miami present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.

Our lawyers are renowned for their excellent command over accident laws and flawless presentation of cases in the Court rooms. 

Our team of personal injury lawyers carry out the following duties for our clients:-

  • Conduct a thorough investigation of the  accident case.
  • Consult medical, legal, and accident reconstruction experts.
  • Identify liable parties.
  • Determine the value of the claim.
  • Coordinate and communicate with legal representatives of the defendant/s and insurance companies.
  • Strive for a fair settlement on victim’s behalf.
  • Take the case to trial if required.

CONTACT A BICYCLE ACCIDENT LAWYER IN MIAMI. 

All accident cases handled by our compassionate and knowledgeable accident lawyers are taken on a contingency basis, which means our clients pay nothing unless we recover money.

If you or your loved one has been injured due to somebody else’s carelessness or negligence on the roads of Miami, you deserve to be duly compensated for the injuries suffered and other damages.

Initial consultations are free. Call an experienced bicycle accident lawyer at our firm for a free case evaluation right away.

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Hit and Run Driver Who Killed 14 Year Old Boy Charged.

Almost  one (1)  year after David Plazas struck and killed 14 years old Ethan Gordon, he has finally been charged.

On August 22, 2020, Ethan Gordon was crossing Collins Avenue at the 10200 block on his bicycle at around 6 p.m. ,when he was hit by a 2018 silver KIA Optima that was traveling northbound on Collins Avenue.   Police said, Ethan  was thrown from the bike and landed in the street. Ethan was rushed to a nearby hospital, where unfortunately, he died.

Rather than stopping to render aid, Plazas continued north, made a U-turn, passed by the scene and then drove away. Several witnesses to the crash followed the car and got a tag number, police said.   As reported by the Miami Herald, red light cameras and cell phone GPS also helped detectives place Plazas at the scene.

Plazas has a series of open criminal cases in Miami-Dade.

Earlier this month, he was arrested and charged with domestic battery strangulation, and kidnapping, in two separate cases. In May, he was charged with felony possession of a controlled substance.

In all of those cases, he is awaiting trial.

I have said this multiple times, and will say it again. We need stricter penalties for hit and run drivers, and for those drivers with suspended licenses, etc.  Driving is a privilege, not a right. Governor Desantis’ veto of the bill requiring drivers carry liability insurance-will not help matters.  That bill that passed both chambers with overwhelming bipartisan support should have been signed into law-not vetoed!!

Our heart goes out to Ethan’s family.
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Compensation For A Road Rage Car Accident

Road rage and car accidents are all part of a daily commute in Miami.   Road rage occurs when a driver expresses extreme aggression or anger intending to cause physical harm.

Aggressive driving and road rage are two different concepts.  According to The National Highway and Transportation Safety Association

(NHTSA),  aggressive driving is “when an individual commits a combination of moving traffic offences so as to endanger other persons or property”.   Road rage takes things one step further into a more violent and potentially dangerous territory.

A car accident involving road rage can be a traumatic experience.  If you are a victim of a road rage accident, what are your legal options?

Let’s review some statistics on road rage, examine your legal rights, and take a look at how liability is proven in this specific type of personal claim.

LATEST ROAD RAGE FACTS AND STATISTICS.

 Road rage is associated with some startling facts and is responsible for some horrifying statistics.  Some of these include:-

  • A National Highway and Transportation Safety Association (NHTSA) study has revealed that running late was one of the leading reasons given for road rage.
  • An average of 36 murders occur in the country each year due to road rage.
  • The AAA Foundation found that drivers between the ages of 25 to 39 were the most likely to exhibit road rage behavior. 
  • About 2% of road rage victims admitted to wanting revenge.
  • Road rage incidents involving firearms more than doubled between 2014 and 2016.  
  • Florida is the top-ranking state for road rage with firearms for the period 2014 to 2016.
  • Road rage-related accidents are higher on Sundays and Mondays and also during the summer months.
  • NHTSA studies revealed that feeling Anonymity while driving contributes to road rage.
  • 4%  of drivers in the country have admitted that they have gotten out of their cars to confront another driver.
  • 3% of drivers in the country have admitted to hitting another car on purpose in a fit of rage.

LEGAL REMEDIES AVAILABLE TO A VICTIM OF A ROAD RAGE ACCIDENT IN MIAMI.

If you or someone you know has been injured in an accident that may have been motivated by road rage, contact a Miami car accident attorney for expert guidance and skilful representation.  Drivers who engage in road rage should face legal consequences for their actions.  An experienced Miami Car Accident Lawyer can help victims of road rage receive adequate compensation.  

Road rage is a crime.  Prosecutors bring charges against a road raging driver for specific violations of the motor vehicle code or for using a vehicle as a means for committing a violent crime.

In the prosecution of a violent driver, prosecutors seek input from the victims.  Testimony of a victim can send a driver to jail. 

If you were injured as a result of a road rage incident, our knowledgeable and compassionate road rage attorneys will represent you in a lawsuit against the at-fault driver.  A  lawsuit enables you to sue for various kinds of damages that can be recovered in a lawsuit. Here is where things can get a little tricky.  Insurance companies will pay for negligent acts, for example, an accident caused because a driver ran a stop sign.  Alternatively, most policies have exclusions for injuries caused by intentional acts.  Thus, before filing a lawsuit, it is critical to read and review the at fault driver’s insurance policy to insure that the allegations are properly plead in the complaint.

A Miami road rage attorney will protect and uphold your legal rights to secure financial compensation by filing a personal injury lawsuit.  A criminal prosecution and a civil claim for damages against the at-fault driver are two distinct legal actions. It is beneficial if a guilty verdict has been established against the at-fault driver in the criminal case.   However, you may have a right to recover damages even if the prosecutors decide not to press criminal charges, or if the road rage driver is acquitted of the crime.

Your claim for damages does not depend on the outcome of the criminal case brought against the at-fault driver by the prosecution.

COMMON BEHAVIORS ASSOCIATED WITH ROAD RAGE.

  • Shouting profanities, abuse, and insults.
  • Hitting, bumping, side swiping or ramming into another vehicle.
  • Rude and inflammatory gestures.
  • Use of headlights and brakes to intimidate and harass other drivers.
  • Forcing another car off the road. 
  • Brandishing guns or weapons at other drivers. 

FACTORS THAT CONTRIBUTE TO ROAD RAGE.

Numerous factors can trigger a driver’ road rage.   The NHTSA lists the following factors that can contribute to road rage:-

  • TRAFFIC CONGESTION.

Anger and frustration escalate with every minute that a driver spends sitting behind a wheel while moving forward at a snail’s pace or not moving at all in traffic.

  • FEAR OF BEING LATE.

Most drivers leave late and try to make up for time by speeding or using overtaking maneuvers.  Stress of being behind schedule can cause tension, which can boil over into road rage.

  • LACK OF COMPASSION AND EMPATHY FOR OTHERS.

Drivers have difficultly empathizing with others on the roads.  Many believe laws do not apply to them and ignore the consequences of their actions on others.

  • VEIL OF ANONYMITY.

Being in the confines of a car can make some drivers have scant regard for the well-being of others on the roads.  Most individuals tend to care about their loved ones and feel they are not responsible for the safety and well-being of strangers.

LACK OF LEGISLATIVE DETERMINATION TO CRIMINALIZE ROAD RAGE.

Most States have yet to address  road rage by enacting necessary legislation.  

PROVING FAULT IN ROAD RAGE-RELATED DRIVING CASES.

Road rage can be a criminal offense as well as a civil offense.  While criminal prosecution requires the “beyond a reasonable doubt” standard of proof, a civil lawsuit applies a much more lenient “preponderance of evidence” standard.  It is far easier to win a civil lawsuit than to win a criminal case.  As noted above, in a civil case, you need to prove the at fault driver was negligent., and that the negligence was the proximate cause of the injuries sustained.

Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.” 

To prove negligence, the plaintiff (the injured party) must establish beyond reasonable doubt the following four main elements:-

  • The defendant (the accused party) owed the plaintiff a reasonable duty of care.  

All drivers owe a duty of care towards other drivers, passengers, pedestrians and others on the roadway when they get behind the wheel of a vehicle.

  • The Defendant breached his or her duty of care.

The breach of care by the defendant is the crux of the personal injury law.  It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the negligent and careless conduct of the defendant.

  • The breach of duty by the Defendant caused the accident.

It is not enough to show that the Defendant was negligent, careless or distracted, it has to be established beyond reasonable doubt that his or her act of neglgence  was the  cause of the car crash.

  • The accident caused compensable damages.

The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant.  Damages may include physical injury, pain and suffering, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage. 

To build a strong case, it is necessary to investigate the accident, interview witnesses, thoroughly review accident reports, and hire experts for trial.   Therefore, it is advisable to seek assistance from an experienced and committed car accident lawyer who is also an expert at valuing your claim.  The highly-skilled road rage accident attorneys at our firm know what it takes to establish that the aggressive and reckless driver was at fault for your injuries and losses.

COMPENSATION FOR A VICTIM OF A MIAMI ROAD RAGE ACCIDENT.

Our Miami Car Accident Attorneys  help victims of road rage recover:-

ECONOMIC DAMAGES.

  • Past and future medical costs.
  • Past and future Lost wages and business income.
  • Loss of future earning capacity.

NON ECONOMIC DAMAGES.

  • Pain and suffering.
  • Emotional distress.
  • Loss of consortium.
  • Loss of enjoyment of life.

PUNITIVE DAMAGES.

Courts may award punitive damages under limited circumstances.  Your entitlement to punitive damages has to be proven by “clear, convincing, and satisfactory evidence”.   You must prove the defendant exhibited “wilful and wanton disregard for your safety”.

In some states, there is a cap on award of punitive damages and in some states there isn’t .

CONTACT A MIAMI ROAD RAGE CAR ACCIDENT LAWYER.

If you or your loved one has been a victim of a road rage accident anywhere in the country, you deserve to be duly compensated for damages suffered. 

All road rage accident cases handled by our firm are taken  on a contingency basis, which means our clients pay nothing unless we win their case.

Initial consultations are free.  Call an experienced road rage accident lawyer at our firm for a free case evaluation right away.

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A 2018 Report Highlights Possible Structural Problems At Champlain Towers

Did Champlain Towers fail to address issues raised in a 2018 Engineering report?  As we wrote yesterday, buildings don’t just collapse, and when they do, it is usually the result of an engineering mistake, a construction defect, or an inspection mistake.  

In a 2018 report  an engineer flagged a “major error” dating back to the building’s origin where lack of proper drainage on the pool deck had caused “major structural damage.

Frank Morabito, the engineer hired to assess the property,  wrote, “Failure to replace waterproofing in the near future will cause the extent of the concrete deterioration to expand exponentially,…. The proper repair would be an “extremely expensive” undertaking, [R]emoval of the concrete topping slab to gain access to the waterproofing membrane will take time, be disruptive and create a major disturbance to the occupants of this condominium structure.”

The parking garage under the pool deck and planter slabs also “revealed signs of distress/fatigue,” according to Morabito’s report. “Several sizable [cracks in the concrete] were noted in both the topside of the entrance drive ramp and underside of the pool/entrance drive/planter slabs, which included instances with exposed, deteriorating rebar,” according to the report.

It is still unknown whether the recommended repairs were done.  Based on the cost and time involved,  I am “speculating” that they were not.  This will raise a number of important questions:

1.  Did the board inform the unit owners about the seriousness of the issues raised in the report?
2.  Did the board authorize the recommended repairs?
      a.  If no, why not?
      b.  If yes, were they done properly?
We are all at a loss for words, and continue to pray for a miracle.
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Champlain Towers Condominium Collapse

The Champlain towers condominium collapsed at 2 am on Thursday morning.  How could a 12 story ocean front condo collapse in the middle of the night?  The truth is, we don’t know yet.  We will find out what went bad.  We will find out who failed to notice a crack in a piling, who failed to authorize a repair, who failed to conduct a thorough inspection, who failed the residents of Champlain towers.

This tragedy is just one of the several building collapses across the United States in the last 50 years.  In most cases, such collapses are a result of an engineering mistake, a construction defect, or an inspection mistake.  

Sound building practices and regular inspections are supposed to ward off such tragedies.  Engineering experts are suggesting a number of reasons for the collapse.  Some of them include:

  • Saltwater corroding the concrete and weakening beams that hold up the structure.   When saltwater seeps into porous concrete, it causes reinforced steel rods in the support beans to rust and expand.
  • The Champlain tower building sunk at a slightly faster rate than other neighboring buildings, a process known as subsidence. 
  • Some experts even suggest that work on the roof had started 6 weeks back and roofing material generally tends to be heavy

In Florida, buildings are required to be re-certified every 40 years.  These inspections are designed to protect people from possible building failures.

Building owners and property managers should consult with structural engineers to have a proper inspection completed as their building nears 40 years of age. When it comes time for a 40-year property assessment, the property owner will receive a notice that an inspection is due. At that point, the property owner will have 90 days to find a structural engineer to complete an inspection of the building and submit a report to either the city or the county. The report will indicate what parts of the building (if any) need to be repaired or replaced. The property owner will then have another 180 days to complete the necessary repair work. Following the completed repairs, the structural engineer will then prepare another report verifying that the initial findings have been remedied.

Buildings on or near the ocean, like Champlain Towers, are especially vulnerable because they are constantly exposed to the increased effects of saltwater oxidation and corrosion, as well as minor concrete and masonry cracks. Stucco left exposed to the elements can cause rebar to expand up to seven times its original size, exerting a force of 10,000 pounds per square-inch (PSI). This condition—commonly referred to as spalling—can necessitate extremely expensive concrete restoration. Of course, if left untreated, it can cause a total structural collapse.  

There will certainly be a call for an improvement in the inspection process, and moving up the timeline for recertification from 40 years following this tragedy.  

Incredibly enough, The Recertification process of the Champlain towers condominium was underway.  We are all awaiting to see the engineer’s report.

The Rescue Process.

After a building collapses, search and rescue teams are called to look for survivors . The National Urban Search and Rescue (US&R) Response system was established under the authority of the Federal Emergency Management Agency (FEMA) in 1989.  The task force is equipped and ready to be deployed within 6 hours.

Capabilities of the task force.

The task force is capable of carrying out the following tasks:

  • Physical search and rescue operations in damaged/ collapsed structures.
  • Emergency medical care for entrapped survivors and rescue workers.
  • Shutting off utilities in neighboring buildings and houses to avoid further damage.
  • Survey and evaluation of hazardous materials.
  • Structural evaluation of the damaged or collapsed structure.

When looking for possible survivors, rescuers use devices that help detect breathing, heartbeat, and body heat from under the rubble.  Heavy construction equipment may be used to sift through rubble.  This has been gut wrenching to watch.  Rains have delayed the search and rescue as family members wait, watch, and hope.  

TIPS HOW TO SURVIVE/ESCAPE A COLLAPSING BUILDING IN WAKE OF THE CHAMPLAIN TOWERS CONDO DISASTER.

Some of the tips and skills that could improve your chances of survival  in a building collapse include:

Prepare a emergency kit.

The key to surviving a building collapse is having some important supplies on hand.  Create a survival kit at home or in your workplace.  Items that you should need in your survival kit include:

  • At least one gallon of water.
  • Non-perishable food.
  • Flashlight.
  • Spare batteries.
  • Cell phone.
  • First-aid kit.
  • Whistle.
  • Fire extinguisher.
  • Duct tape.
  • Pieces of cloth.
  • Hygiene supplies.

Avoid the elevator.

Head for the nearest exit.  Elevators are the worst places to be in collapsed buildings.

Stay calm.

Don’t lose your calm.  Staying calm helps you to analyze the situation better.  Staying calm also keeps your heart rate low.

Look for cover.

One of the biggest dangers while being trapped in a collapsed building is falling debris.  Look for some sturdy furniture to curl up beside.  Furniture helps to deflect the falling debris to some extent.  Rescuers refer to the space beside good sturdy furniture as the triangle of life.

If fire breaks out.

Fires in collapsing building are a major hazard.  Avoid locations where there are great deal of plastic or metal moldings which create toxic fumes.  Place a wet cloth on your nose and mouth to avoid inhaling toxic fumes. 

Words cannot express the sadness we feel for the families that lost loved ones in this tragedy.   Since the date we started this blog, we have covered many topics.  Some sad, some funny, some tragic, and some positive.  As injury lawyers we are accustomed to “things gone bad”.  People seek our help during what is possibly the worst time in their lives and we find out what went bad.  Our motto is, “its not business, it’s personal”.   During these periods of hardship we form an unbreakable bond with our clients and help anyway we can.  Sometimes that involves just listening to how they feel, other times it is helping with a small task.   Yet, during all my years practing law and seeing many “things gone bad”, I have never felt as helpless as I do now.  Parents and loved ones were awaken with a middle of the night phone call and told to travel to Surfside from near and far.  The loved ones traveled to Surfside hoping for a miracle.  Hoping that somehow their loved ones were Ok. Instead, they sit and wait, waiting and hoping for a miracle under the piles of rubble.  

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Driver Hits Four Cyclists On The MacArthur Causeway

Yet another cyclist injured in South Florida. At approximately 5:40 PM, a driver in a 3 wheel car hit Four cyclists who were on the sidewalk.

The crash occurred near the Terminal Island stop light, where people turn to head for the Fisher Island ferry or the U.S. Coast Guard station.

Miami Beach police said one woman has been flown to Ryder Trauma Center at Jackson Memorial Hospital with a head injury.

This is an all too often occurrence.  We are cyclists and lawyers, so these accidents hit particularly close to home. We have been called too often to represent individuals and families who have needlessly lost loved ones.

It is time for the city and county to make meaningful changes to our roads.

It is time to pass legislation with stricter penalties for distracted driving.

It is time to make Bodily Injury Liability Insurance coverage mandatory.

Our thoughts go out to the injured cyclists.

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How Do I Get My Medical Records?

The first step in any Medical Malpractice or Personal injury Lawsuit is to review the Medical Records.

Medical records are crucial because they can make or break the case. Your medical records are needed to prove your injuries, the severity of your injuries, and the treatment that you  received. If you enlist the services of a medical malpractice attorney, your attorney requires them to:-

  • Determine if the injuries sustained were caused by the defendant’s negligence.
  • Determine the extent of  damages and liable parties.
  • Recognize any issues that can hurt your case.
  • Prepare for expert review.

Medical record retrieval can be a time-consuming and labor-intensive process.

 

A PATIENT’S RIGHTS UNDER HIPAA. 

The State and Federal laws govern how you and others may access your medical records.  The federal Health Insurance Portability and Accountability Act (HIPAA) ensures your right to privacy, limiting who can access and receive your private medical information.  The HIPAA has also established a regulatory framework for accessing your medical records which includes:-

  • Fees for the issue of copies of your medical records.
  • How long medical service provider should save and store your records.
  • The duration of time within which the medical service providers have to respond to requests for records.

 

REQUESTING YOUR MEDICAL RECORDS. 

Most hospitals and health-care providers have HIPAA compliant forms that they will ask you to fill before releasing your medical records.  Requests for your medical records must be made in writing by you or by your representative.  If you are represented by an attorney, your attorney can request your records and send them to the insurance company.

 

USEFUL TIPS FOR RETRIEVING MEDICAL RECORDS. 

We possess the expertise and experience to retrieve, secure, and organize medical records. We suggest:-

  • Make an error-free request.

A single error may lead to a delay in getting your request processed.  The wording you use can impact your medical record retrieval request.  You will need to know the records you are looking for and need to know how to ask for them successfully.

  • Ensure you are being charged fairly.

    Medical records retrieval can be an expensive process.  Even though HIPAA has laid out guidelines for medical service providers to charge fairly, a lot of instances of ‘unreasonable fees” being charged are common.

  • Make sure you send the request to the correct department.

    It is important to identify and locate the department from which you wish to retrieve your medical records.  Call and verify the details before sending a request to the right department at their correct address.

  • Seek only important and relevant records.

    Collecting unnecessary records can be time-consuming and an expensive exercise. Request records that will validate and strengthen your claim.

  • Follow-up regularly on request placed.

    As per federal laws, requests must be met by medical service providers within 30 days of providing a record request receipt. Gentle reminders can be sent from time to time to speed up the process.  If the medical service provider has an online portal, register on it to track the status of your request.

  • Organize medical records.

It is important that you properly organize your obtained medical records to use them more efficiently and effectively.  This enables you or your attorney to find necessary information quickly for preparing and presenting your case.

 

THE MEDICAL RECORDS THAT YOU NEED TO RETRIEVE. 

Our Miami Medical Malpractice Lawyers deal with medical records quite frequently.  They know how to navigate through the complex and complicated environment of protected health information.  According to our skilled and experienced lawyers, the most common pieces of medical documentation that will play an integral role in a personal injury claim besides incident reports and photo, video, and audio documentation include;-

  • Initial Examination Information.
  • Check-ups
  • Diagnostic tests.
  • Medical Procedures.
  • Doctor’s written notes.
  • Prognosis Information.
  • Prescriptions (both short and long term)
  • Pre-existing conditions.
  • Medical-related expenditure.

Insurance companies rely on medical records to validate injury claims. Insurance companies may ask you to sign a release form before they process your claim.  Although HIPAA protects against the unauthorized release of private medical information, some insurance companies can go through your past medical records to find something that they can use to deny or minimize your claim.   We do not recommend that you give any Insurance Company a blank authorization for your medical records.  If you are giving the insurance company an executed authorization, make sure it is limited to a specific provider.

You should consult a Medical Malpractice lawyer before signing any release forms or giving any statements to insurance companies.  As most attorneys represent victims on a contingency fee basis,  it is in your best interests to enlist the services of an experienced Miami Medical Malpractice lawyer to seek adequate compensation for damages sustained.

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Miami Slip And Fall Accident Lawyer

More than one million slip and fall accidents occur in the United States every year. People suffer traumatic brain injuries, fractures, and other life-altering outcomes which require surgeries and rehabilitation.  Slip and fall accidents cause death and also result in many lawsuits being filed. 

Property owners and their employees have to deal with a lot when it comes to day-to-day running of their premises.  Each property has it’s own vulnerabilities and concerns. Careful attention to injury-prevention and safety of employees, customers, and visitors is essential for the continued success of any business. 

 

LIABILITY IN A SLIP AND FALL ACCIDENT. 

A very large percentage of slip and fall accidents are caused due to some sort of failure on another parties’ behalf.  This could be the other party’s failure to clear debris, maintain even walkways, clear spilled water regularly, or not warning people of hazards .  For your claim to succeed,  you will need to prove the following elements:- 

  • The property owner and his or her employees owed you a duty of care. 
  • They breached the duty of care. 
  • The breach caused your accident and injuries. 
  • You suffered damages resulting from the accident. 

You will have to prove by the greater weight of the evidence that:

  • The property owner and his or her employees knew or should have known of the dangerous or hazardous conditions  on their premises. 
  • The property owner and his or her employees did nothing to fix or remove the dangerous or hazardous conditions, or 
  • The property owner and his or her employees caused the dangerous or hazardous conditions. 

 

If you or a loved one has been injured or seriously hurt after slipping, tripping or falling on someone else’s property because of the owner’s negligence, you are entitled to receive compensation for medical bills, time you were off-work and even for pain and suffering. Contact an experienced Miami slip and fall accident attorney to help you get adequate compensation. 

 

STEPS TO TAKE RIGHT AFTER A SLIP AND FALL ACCIDENT. 

If you or any of your loved ones have been in a slip and fall accident, it is important to remember and follow these steps after the unfortunate incident:- 

  • Seek medical attention. 

Even if you feel ‘fine’ or feel you can ‘tough it out’, seek medical attention as quickly as possible.  Medical evaluation ensures that injuries you have suffered are diagnosed and treated immediately.  It also helps you to document your accident and injuries through medical records. 

  • Report the accident. 

    Report the accident to the appropriate and liable party.  These may include a landlord, a commercial property owner, a store employee, a manager, or his supervisor.  You should ask the concerned person to make a written report containing details of the incident, your statement, witness reports, and their contact information.  Request a copy of their report for your records.  

  • Document the accident scene. 

    If possible, document the scene of the accident.  Write a description of what occurred while details of the accident are still fresh in your mind.  Take photographs of the location as property owners or their employees might try to remove the dangerous and hazardous conditions  after you  report the accident. 

  • Communicate with representatives of the property owners. 

    Insurers or representatives of the property owners may try to lure you into making a quick settlement.  You have the right to decline to make statements to them.  You can choose to communicate through an attorney instead. 

  • Speak with an attorney. 

    Initial consultations with attorneys are free. Experienced attorneys like us possess decades of experience and extensive resources to take on property owners and their insurers, who will try to pay you as little as possible or nothing. 

 

IMPORTANT FACTS ABOUT SLIP AND FALL ACCIDENTS IN MIAMI. 

  • Many slip and fall accidents are work-related and are a common reason for lost days at work.  22% of these cases require more than 31 days off. Slip and fall accidents are most common in the construction, manufacturing, and mining industries. 
  • According to the Center for Disease Control and Prevention (CDC), slip and fall accidents are a leading cause of deaths for those between 65 and 84 years.  Often a hip fracture for senior citizen can lead to deadly complications. 
  • According to National Floor Safety Institute (NFSI), 2000 people are treated in emergency rooms for slip and fall accidents every day, which accounts for 12% of all emergency room visits in the country. 
  • The CDC has revealed that slip and fall accidents are the most common cause of brain injuries.  The effects of these Injuries can linger on and result in severe impairments. 
  • The CDC estimates that the average hospital bill for a slip and fall injury is over $30,000.  Snow-related accidents average up to $48,000 according to the Snow and Ice Management Association.  Fall-related medical bills in the country exceed $34 billion annually. 
  • According to the Bureau of Justice statistics, just 2% of personal injury cases go to Court to face a jury trial. 

 

DANGEROUS AND HAZARDOUS CONDITIONS ON A PROPERTY. 

There are numerous dangerous and hazardous conditions that can cause injuries to employees, customers, and visitors if they are not removed or fixed right away.  These conditions include:- 

  • Cracked or broken flooring. 
  • Wet floors. 
  • Missing handrails. 
  • Uneven steps. 
  • Not enough lighting. 
  • Loose rugs or mats. 
  • Torn or bulging carpets. 
  • Potholes in parking lots or on sidewalks. 
  • Ice or snow on sidewalks or walkways. 
  • slippery floors or tiles

 

COMMON MISTAKES THAT CAN COMPROMISE YOUR SLIP AND FALL CLAIM. 

If you have been a victim of a slip and fall accident, common mistakes that you should avoid include:- 

  • Signing an Agreement that limits your right to sue or absolves the wrong-doer of blame. 
  • Failure to collect or preserve evidence. 
  • Defendant’s admission of guilt not recorded or documented. 
  • Not suing the right parties to the claim. 
  • Taking too long to file a claim and ending up being barred by the statute of limitations-which in Florida is four (4) years from the date of injury.

 

DAMAGES THAT YOU CAN CLAIM IN AN SLIP AND FALL ACCIDENT IN MIAMI. 

The Past and Future damages that you can claim include:- 

  • Hospital bills. 
  • Medical expenses (doctor’s fee, Diagnostic tests, Prescriptions, etc.) 
  • Costs of medication. 
  • Costs of  physical therapy. 

In addition to the above, our nationally-recognized slip and fall accident lawyers seek to recover maximum compensation for the victim of an accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.  Our skilled attorneys seek compensation for damages such as:- 

  • Physical pain, suffering, scarring, and emotional trauma.
  • Nursing/attendant care. (In many cases, care is necessary round-the-clock.) 
  • Compensation for time and effort of family members taking care of the injured loved one. 
  • Cost of making the home accessible for the disabled victim or making home wheelchair-friendly. 
  • Compensation for short-term and long-term loss in productivity. 
  • Loss of enjoyment of life and breakdown of personal relationships. 

 

CONTACT A MIAMI SLIP AND FALL LAWYER AT OUR NATIONALLY ACCLAIMED FIRM. 

If you or your loved one has been injured in a slip and fall accident anywhere in the country due to the carelessness or negligence of a property owner or his or her staff, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced Slip and Fall Lawyer at our firm for a free case evaluation right away. 

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Miami Bicycle Accident Lawyer

At Kaire & Heffernan, we are avid cyclists and all too familiar with Miami bicycle accidents.  Bicycle riding is a popular year round activity in Florida.  Residents here cycle for commuting to work, exercise and fun.   This popularity also puts bicyclists at a higher risk of getting injured in an accident.  Florida is ranked at the top in fatal bicycle accidents. According to the National Highway Traffic Safety Administration (NHTSA), out of approximately 850 cyclists killed every year in the United States, 125 deaths occur in Florida.   

Other studies have revealed eye-opening facts about bicycle accidents such as:- 

  • Bike accidents are most likely to occur between 6 p.m. and 9 p.m. 
  • Males are more likely to be involved in bicycle accidents compared to females. 
  • Alcohol is a contributory factor in 37% of all fatal bicycle accidents. 

For most victims of bicycle accidents, pursuing a Bicycle Accident Claim can be intimidating.  Many victims question whether their case is  strong enough, or whether their injuries are serious enough for them to hire a lawyer to represent them.  Others fear that the entire process will be an expensive exercise(no pun intended).

At Kaire & Heffernan, we believe in representing all cyclists-whether your claim is large or small-we feel we owe it to the cycling community. If you are not injured, we will gladly help you with any damage claim for your bicycle-free of charge.  If you have been injured because of someone else’s negligence, you can seek compensation by filing a personal injury claim against the person responsible for your injury.  A bicyclist may be entitled to receive compensation for medical costs, lost income, pain and suffering and other losses. 

 

WHY IS IT NECESSARY TO HIRE A MIAMI BICYCLE ACCIDENT LAWYER? 

If you opt not to hire a bicycle accident attorney, insurance companies are  likely to not take your claim  seriously, and will try to offer you less compensation than you deserve. They may even try to coerce you in admitting  fault.   An experienced Florida Bicycle Accident lawyer is aware of every trick that insurance companies have up their sleeves to lower the amount of compensation you receive.  A bicycle accident lawyer will effectively negotiate with these insurance companies on your behalf to help you get adequate compensation. 

 

 

 

COMPENSATION FOR BICYCLISTS IN MIAMI. 

Many people are unaware that bicycle accident victims and even pedestrians injured by a motor vehicles are entitled to recover Insurance benefits for personal injuries under their own auto insurance policies.  Florida law provides bicyclists the same legal protection that is applicable to motor vehicles.  Bicyclists are required to abide by the same rules that apply to motorists. 

The amount of money a victim of a bicycle accident receives in a bicycle accident settlement or lawsuit is  compensation for what are called ‘damages’. Damages are the costs that a victim has incurred,  or losses suffered, as a result of the accident. 

The primary types of damages a victim is entitled to receive are economic and non economic damages.  Calculating  your damages, which are a combination of your financial losses, physical injuries, and emotional injuries is something that a trained and experienced personal injury lawyer in Miami can help you with. 

Often times victims underestimate the value of their damages, or forget to include significant expenses incurred.  It’s in the best interests of a victim to enlist the services of an experienced Miami bicycle accident lawyer to help him or her get adequate compensation. 

 

WHEN IS THE RIGHT TIME TO FILE A BICYCLE ACCIDENT LAWSUIT? 

Although it is important to file a lawsuit at the earliest , we advise victims to wait until their injuries are fully healed before they approach the insurance company with a settlement demand or file a civil lawsuit to recover compensation.  A victim should know the exact amount he or she should be compensated for.   A victim would want to know for sure if life long care is needed or if he or she can be able to work again before they demand settlement or file a lawsuit. Florida statute of Limitations for bicycle accidents due to negligence is four years after the accident occurred.  Residents of Florida have four years from the date of the accident to initiate a civil lawsuit to recovered compensation for injuries sustained. 

 

WHILE YOU RECOVER,  WE WILL PREPARE A STRONG CASE FOR YOU. 

Our team of compassionate lawyers  will spend time with you and your family in an effort to understand your emotional and physical injuries.   We also focus on your future needs and future plans. This information provides a basis for determination of the non economic damages such as pain and suffering, and emotional distress that you intend to seek as compensation.  We let you rest and recover while we undertake the tasks of collecting vital evidence and calculating the value of your damages. 

Our team of experienced and skilled bicycle accident attorneys will:- 

  • Assess your claim. 
  • Investigate your case thoroughly. 
  • Gather evidence. 
  • Interview witnesses. 
  •  Negotiate on your behalf at settlements. 
  • Represent you at mediation. 
  • Prepare your case and represent you at trial, if necessary. 
  • Work with experts such as  auto accident reconstructionist to investigate the cause of your accident. 
  • Recover Money for the damage to your bicycle-free of charge

 

SAFETY TIPS FOR BICYCLE RIDERS IN FLORIDA. 

While representing bicycle accident victims over the years,  we discovered that taking safety precautions saved many victims from sustaining life threatening injuries .  We have  chosen a few safety tips which we feel are important.  They are :-. 

  • Avoid riding bicycles at dawn or at dusk.  Rising sun or setting sun makes visibility difficult for motorists. 
  • Headlights and reflectors are necessary on bicycles as they make the bicycles visible and noticeable to others on roads. 
  • Riding in groups makes it easy for motorists and others on the roads to be aware of the bicyclists. 
  • Always wear a helmet and protective clothing which  lessen the severity of injuries if an accident occurs. 
  • Always check tires, wheels, frame and seat of the bicycle before embarking on a ride. 

 

CONTACT A MIAMI BICYCLE ACCIDENT LAWYER. 

If you or your loved one has been injured in a bicycle accident due to the carelessness or negligence of someone else, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced bicycle accident lawyer at our firm for a free case evaluation right away. 

 

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