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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

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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.
July 13, 2021 by

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.

July 13, 2021 by

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.
June 26, 2021 by

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.  

June 25, 2021 by

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.

March 29, 2021 by
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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.

March 26, 2021 by

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. 

March 25, 2021 by

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. 

 

February 2, 2021 by

Miami Nursing Home Negligence Lawyer

The American population is aging rapidly.  More then 50 million people in the country are older than 65.  Older people are susceptible to contagious illnesses due to compromised immune systems.  Compared to the young,  the elderly experience more severe symptoms and undergo longer recovery periods.  Some of the most vulnerable individuals in our society live in nursing homes. 

Nursing homes have a duty to provide reasonable care for residents and protect them against future illnesses.  When they fail to do this, they can be held accountable for harm caused to the residents.  If you believe that your loved one is receiving inadequate care at a nursing home due to negligence and carelessness of the nursing home staff and management,  you should enlist the services of an experienced nursing home negligence attorney to bring about a claim for negligence against the liable parties. 

Negligence can take many forms in a nursing home, from failure to provide adequate treatment to not providing a healthy environment to its residents.  Incidents of nursing home negligence are rarely reported to the proper authorities.  Residents are reluctant to complain out of fear of retaliation from nursing home staff or embarrassment. The elderly are vulnerable and often unable to defend themselves.  Many are too afraid to come forward when they become victims of neglect and mistreatment. 

Nursing home negligence occurs when :- 

  • The Nursing home (defendant) owed the resident (plaintiff) a duty of care. 
  • The defendant breached this duty. 
  • The defendant’s actions or failure to act was a proximate cause of injury to the plaintiff. 
  • The plaintiff suffered injuries. 

Nursing homes have a duty of care towards their residents.  They are required to maintain certain standards and procedures which include properly assessing the health of each resident and catering to the residents’ basic needs.  Each resident requires a personal care plan in place which if followed diligently, will help prevent injuries and ensure needs of residents are met. 

As residents live in close proximity to each other and share the same sources of air, food, water and health care, there is every possibility of contagious diseases spreading. Visitors, caregivers, suppliers and support staff can also spread infections. 

COMMON WARNING SIGNS OF NURSING HOME NEGLIGENCE. 

On visits to the nursing home, it is necessary to look around and see if the premises are clean and safe.  It is also important to observe if other residents are healthy and cheerful or not.  If you suspect that a loved one is a victim of negligence after being placed in a nursing home, then be sure to look at the following common signs, 

  • Mood Swings and Emotional Outbursts. 
  • Lack of cleanliness and poor physical appearance. 
  • Being withdrawn or distant.
  • Bedsores 
  • Unexplained weight loss or weight gain. 
  • Chronic dehydration. 
  • Being left alone for long in one’s soiled diapers and garments. 
  • Frequent infections. 
  • Recurring medical issues. 
  • Failure to provide timely treatment for injuries and necessary medication on time. 
  • General lack of compassion and attention from staff members towards residents. 

If you notice any sign of Nursing home negligence, you should do the following right away:- 

  • Document what you witnessed.  Write down the date, location and time of the incident. 
  • Collect names of the staff members present on duty at the time of the incident and also the names and addresses of any outsiders present in the facility who witnessed the incident.  The testimony of witnesses is always crucial in deciding the outcome of such cases. 
  • Contact the victim’s family or loved ones and inform them of the incident. 
  • Inform the authorities so they can carry out a full investigation into the incident. 

STATUTE OF LIMITATION IN FILING A CLAIM FOR NURSING HOME NEGLIGENCE IN FLORIDA 

There are specific time limits, restrictions and rules for filing a nursing home negligence claim.  An experienced nursing home negligence lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  

If you suspect that a loved one has been a victim of negligence while staying in a nursing home, your first reaction should be to seek the best treatment for your loved one and then contact a Miami nursing home negligence lawyer who can quickly sort out your case and determine the future course of action. 

One of the most important aspects of filing a Civil Lawsuit is the need to file it within the Limitation period.  In Florida, a Civil Lawsuit for Nursing Home negligence should be filed within two years of discovery of the neglect.  

COMPENSATION FOR VICTIM OF NURSING HOME ABUSE IN  MIAMI. 

Our Miami nursing home negligence lawyers seek to get maximum compensation for the victim of Nursing home negligence and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

If your loved one has been a victim of Nursing home negligence, it is your moral duty to take action against the perpetuators of such negligence and bring them to justice.   If the nursing home is found liable,  you would be entitled to claim and recover compensation and damages on behalf of the victim. The victim may be entitled to receive a settlement for following expenses and damages :- 

  • Future and past medical bills, including mental health and rehabilitation costs. 
  • Financial losses. 
  • Pain and suffering. 
  • Emotional distress and mental anguish. 
  • Legal fees. 

In a Nursing Home Negligence Lawsuit, the case may be filed against both the employees and the Nursing Home itself.  Under the doctrine of Vicarious Liability, the Nursing home would be responsible for the actions of its employees. 

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified Attorneys possess in depth knowledge and experience in recovering compensation through verdicts and settlements for victims of nursing home negligence in Miami and all across Florida.  We know how to effectively deal with Attorneys and Insurance Companies that represent Nursing Homes and their employees. 

We know how to obtain and review medical records and have access to the best medical experts. Our team of Miami Nursing Home Negligence Attorneys does the following for our clients while investigating a claim:- 

  • Gather and analyze the Victim’s medical records. 
  • Thoroughly investigate each claim. 
  • Have access to leading investigators and experts who assist us to build a strong case. 
  • Determine how the negligence occurred. 
  • Assess the extent of injuries sustained. 
  • Calculate total damages. 
  • Identify liable parties. 
  • Study internal nursing home records and staff records too. 

     

CONTACT A MIAMI NURSING HOME NEGLIGENCE LAWYER. 

If your loved one has been a victim of Nursing Home negligence, such a victim deserves to be duly compensated for the injuries suffered and other damages.  Call our Miami Nursing Home Negligence Attorneys for a free case evaluation right away. 

January 19, 2021 by

Unfortunately, violent crime is on the rise. As of December 24th, 2020, Officials recorded 272 homicides in Miami-Dade County, up 31 cases from all of 2019, records show — up from 232 in all of 2017, and 252 in 2015.

The increase is attributable to many factors, not the least of which are:

  1. The pandemic;
  2. increase in Gun sales ;
  3. People are stuck at home and frustrated;
  4. Kids aren’t in school;
  5. People are in desperate need of money

Knowing that violent crime is on the rise, property owners and business establishments need to take reasonable steps to protect their guests from the foreseeable crimes.

 

Florida negligent security laws require property owners to make sure that their properties are safe for patrons.  The property owners including apartment owners, hotel owners, nightclub owners or retail business owners should take adequate steps to prevent foreseeable criminal acts of third parties on their premises. 

If a property owner disregarded measures that could have been instrumental in the prevention of a crime that resulted in injuries to a victim,  such a victim may be eligible to seek compensation. 

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 inquire about your legal rights, and whether you are entitled to hold the owner of the property where the attack or assault occurred accountable.

CAUSES OF NEGLIGENT SECURITY. 

Some common causes of negligent security include:- 

  • Broken locks, doors, gates, and windows. 
  • Lack of surveillance cameras and alarms. 
  • Poor lighting. 
  • Insufficient emergency exits. 
  • Untrained or understaffed security personnel. 

REQUIREMENTS OF A NEGLIGENT SECURITY LAWSUIT. 

In order to succeed in a negligent security lawsuit, a victim will need to prove the following :- 

  • The victim was lawfully on the property.
  • The victim was injured by a third party. 
  • The property owner knew or should have known about the potential risks to visitors, and failed to provide and ensure adequate security. 
  • The victim’s injuries would not have occurred if the property owner had provided adequate security. 

PLACES WHERE INCIDENTS OF NEGLIGENT SECURITY OFTEN OCCUR. 

Common sites named in negligent security claims include:- 

  • Apartment complexes. 
  • College campuses. 
  • Shopping malls and shopping centers. 
  • Gas stations. 
  • Nightclubs and bars. 
  • Parking lots and parking garages. 
  • Community swimming pools. 
  • Music concerts and sporting events. 
  • Hotels and motels. 
  • Fast food restaurants

CRIMINAL ACTIVITIES REPORTED IN NEGLIGENT SECURITY CLAIMS. 

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

  • Armed robbery. 
  • Theft. 
  • Burglary. 
  • Assault. 
  • Mugging. 
  • Battery. 
  • Rape. 

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

STATUTE OF LIMITATIONS FOR FILING A NEGLIGENT SECURITY LAWSUIT IN FLORIDA. 

There are specific time limits, restrictions and rules for filing a negligent security claim. An experienced negligent security lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  

 Florida statute of Limitations for filing a negligent security lawsuit is four years from the time of the injury.  In Florida, premises liability lawsuits must be filed within four years after the cause of action occurred. 

It is in the best interests of the plaintiff to enlist the services of an experienced Miami negligent security lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be located and interviewed.  Numerous records have to be collected and opinions of premises liability experts have to be sought.  

COMPENSATION FOR VICTIM OF NEGLIGENT SECURITY IN  MIAMI. 

Our Miami negligent security lawyers seek to secure maximum compensation for the victim of negligent security and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

Compensation awarded in a negligent security claim can help cover medical expenses, long term medical care, and other damages. 

Our Miami negligent security lawyers help victims recover:- 

  • Medical Bills. 
  • Lost Wages. 
  • Damages suffered due to loss of companionship. 
  • Rehabilitation costs. 
  • Damages suffered due to Pain and Suffering. 
  • Damages suffered due to Emotional Distress. 
  • Costs of future corrective surgeries. 

WHY HIRE KAIRE & HEFFERNAN? 

Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his or her family to navigate through complex and intricate negligent security and premises liability laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of negligent security in Miami and all across Florida. 

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

  • Collecting and protecting evidence. They know how to obtain and review police records and crime grids.
  • 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 value of a victim’s claim. 

Our team of Miami negligent security lawyers know how to effectively deal with Attorneys and Insurers of the property owners who try to deny the plaintiff’s claim or reduce the claim value significantly.   

CONTACT A MIAMI NEGLIGENT SECURITY LAWYER. 

If you or your loved has been attacked, sexually assaulted or robbed at weapon-point while in an apartment complex, a parking lot, a concert or outside of a restaurant, 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. 

January 6, 2021 by
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Safety Tips During Holiday Shopping

When holiday shopping it is important to plan ahead. With the rise of Covid cases, many stores are anticipating less in-store shopping and more online shopping. In anticipation of this and to decrease the amount of people in-store on a specific day, many stores have opted to spread out their Black Friday sales by having weekly and in some cases, daily sales. While this has lessened the chances of huge crowds gathering in-store on the Nationally known “Black Friday”, the potential of many shoppers gathering in-store is still a factor. If you plan to do your Christmas shopping in-store, be sure to do so in a safely. We have some helpful tips for you to assist with this. 

STAY SAFE ON THE ROAD DURING THE HOLIDAYS: PLAN AHEAD 

Plan for heavier traffic. Make sure you have a secondary route to and from your destination, alternate routes are available at Mapquest or Google Maps. You also want to check out the weather for that day. Take the weather into consideration when planning when you will be traveling to make your holiday purchases and to arrive safely. With more drivers on the road, certain weather conditions such as rain may cause delays in your travel. Plan to leave your house early to avoid being in a rush or having to be out and about while it is dark out as much as possible. 

CHECK YOUR CAR TO AVOID ACCIDENT OR BREAKDOWN 

Before you start your shopping excursion, always be sure to make sure your vehicle is good operating condition. You never want to have to stop in the middle of your shopping trip to have to maintain your vehicle. Some things you want to check are engine oil, other fluids in your car, air pressure in your tires, tire wear, the battery, and you always want to make sure that all of your lights are working. You don’t ever want to be left stranded with all of your purchased  Christmas gifts loaded in your vehicle. 

AVOID DISTRACTIONS TO PREVENT CAR ACCIDENTS  

If you are unsure of how to get to where you are going, set your GPS prior to leaving your house. Minimize phone use by making sure your phone is synced up to your vehicle’s Bluetooth prior to leaving your home as well. Make sure to get plenty of rest the night before your shopping trip as fatigue causes distraction and irritation. Always make sure to stop to eat as well because we all know being “hangry” is a real thing and can be very distracting.  

PACK ESSENTIALS FOR YOUR SHOPPING AS WELL AS INCASE OF AN ACCIDENT 

With all the different changes in 2020, your essentials to pack for your shopping trip will have changed as well. Your list of items probably only consisted of things like:  

  • clothing 
  • snacks 
  • hand sanitizer 
  • face masks 
  • shields (extra masks/shields for your children) 
  • anti-bacterial wipes 
  • sanitizing wipes 

PARKING LOTS CAN BE DANGEROUS  

Remember that malls and shopping center parking lots are prime targets for car theft, and robberies. Always park in a spot where there is plenty of light and if possible, park close to your destination. Avoid parking next to vans, trucks with camper shells, or cars with really tinted windows. Take note of where you parked and what store entrance it is closest to if parking at a mall or shopping center. Always double-check that all of your windows are closed and doors are locked. If you are making multiple stops, make sure to store your shopping bags in the trunk. 

We have many years in handling personal injury claims and if you have been injured through no fault of your own, we can help.  Don’t hesitate to reach out for a free in depth personal injury consultation. 

December 9, 2020 by