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Mark Kaire

About Mark Kaire

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

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January 6, 2021 in /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. 

Safety Tips During Holiday Shopping

December 9, 2020 in , /by

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. 

Miami Surgical Malpractice Lawyer

November 23, 2020 in /by

In most personal injury cases, the facts can be discovered through testimony of Independent witnesses, the injured party, camera footage, police investigation and other easily accessible forms of evidence.  

 In surgery malpractice cases, the victims are sedated and effectively unavailable as witnesses to the malpractice.  Victims have no memory or have just a muddled recollection of the events,  or they do not possess the medical knowledge to understand what occurred or what should have occurred.  The medical fraternity is rarely forthcoming enough to report errors committed by them. 

Consequences of surgical errors can be devastating.  An injury caused due to the medical negligence of a Surgeon or a member of the surgical team can result in mounting medical bills and loss of enjoyment of life for the victims.  Doctors, hospitals and their insurance companies try to shift the blame, cover up the negligence and try to protect themselves from the ensuing liability.   

Our qualified and experienced surgery malpractice attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex malpractice laws of Florida.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of surgical injuries in Miami and all across Florida. 

SURGERY MALPRACTICE. 

When a surgeon or his or her surgical team fails to perform surgery or fails to provide pre-operative or post-operative treatment in accordance with accepted medical standards and it results in injury, harm or death to a patient, surgery malpractice has occurred. 

The injured patient must prove that while undergoing a surgical procedure, a surgeon or a member of his or her surgical team acted negligently in rendering reasonable care, and that such negligence resulted in injury.  For this the victim has to enlist the services of an experienced Miami surgery malpractice lawyer who is willing to take on doctors, hospitals and their insurance companies who possess immense political clout as well as financial might.  

The following four elements need to be proven to constitute a surgery malpractice:- 

  • DUTY OF REASONABLE CARE WAS OWED BY THE SURGEON AND ASSISTING SURGICAL TEAM. 

In a surgery malpractice claim, the first element which a plaintiff must prove Is that the defendant owed the plaintiff a duty of care.  This duty arises from a doctor-patient relationship, in which the Surgeon assumes the obligations associated with caring for his or her patient. 

  • VIOLATION OF THE STANDARD OF CARE. 

    The plaintiff must prove that the defendant’s care was below the applicable standard of care. It can also mean that, though the act was appropriate, it was performed in a negligent manner. 

     

  • INJURY TO THE PLAINTIFF. 

    The plaintiff must have suffered some injury in order to give rise to a claim for damages. 

     

  • LINK BETWEEN THE NEGLIGENCE AND THE INJURY. 

    A negligent act that does not result in an injury is not sufficient to constitute a legal claim.  The defendant’s negligence must have caused or contributed to the plaintiff’s injuries. 

A 2012 JOHN HOPKINS MALPRACTICE STUDY DISCOVERED STARTLING FACTS REGARDING SURGICAL ERRORS WHICH INCLUDED : 

  • Surgical errors occur approximately 4,000 times a year. 
  • The wrong procedure was performed 20 times a week. 
  • The wrong body part was operated upon 20 times a week. 
  • Foreign objects were left in patients’ bodies 39 times a week.  
  • Permanent injury occurred in 32.9% of the patients. 
  • Death occurred in 6.6% of the patients. 

COMMON SURGICAL ERRORS. 

Examples of surgical errors that may constitute a malpractice include:- 

  • Leaving medical instruments inside the patient.
  • Failure to diagnose post operative infections and internal bleeding.
  • Anaesthesia errors.
  • Damage to internal organs.
  • Operating on the wrong body part.
  • Performing incorrect procedure.
  • Incorrect incisions.
  • Performing unnecessary surgeries.
  • Wrong patient surgery (patient mix-up)
  • Using non-sterile surgical instruments.

COMMON INJURIES DUE TO SURGICAL ERRORS. 

  • Disfigurement. 
  • Paralysis. 
  • Loss of limbs. 
  • Infections. 
  • Damage to muscles, ligaments, organs, tissue and nerves. 
  • Brain damage. 
  • Death. 

INFORMED CONSENT REQUIREMENTS BEFORE SURGICAL PROCEDURES. 

A Doctor or a Surgeon is not supposed to perform a risky surgical procedure without explaining the risks of the procedure to the patient.   

In Florida, the informed consent law requires that the patient be advised of three things namely, 

  • Nature of the procedure. 
  • Substantial risks and hazards involved in the procedure. 
  • Alternative procedures. 

After being informed of this requirement,  if the patient consents, then informed consent is said to have been taken.  In Florida, if a doctor or any healthcare provider fails to obtain the informed consent of the patient before a procedure and if the patient suffers an injury as a result, the doctor may be liable under theory of Medical Battery. 

STATUTE OF LIMITATIONS IN FLORIDA FOR SURGERY MALPRACTICE LAWSUITS. 

There are certain specific time limits, restrictions and rules for filing a surgery malpractice lawsuit in Florida.  An experienced Florida Surgery Malpractice lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. 

The strict procedural requirements in the Florida Comprehensive Medical Malpractice Reform Act reflects a legislative intent to curtail frivolous claims, promote settlements, and reduce high costs of medical malpractice insurance. 

Under Florida law, ordinary Negligence cause of actions are subject to a four year statute of Limitations.  Florida has codified a two year statute of Limitations for medical malpractice causes of action.   

A victim of a surgery malpractice has 2 years from the date of the negligent surgical procedure or 2 years from the discovery of injuries suffered due to the surgery malpractice to file a lawsuit. 

STATUTE OF REPOSE. 

This Statute sets the deadline for maximum amount of time a victim has to file a lawsuit.  Under Florida laws, after four years, a victim of a surgery malpractice cannot file a lawsuit.  

Exceptions to the statute of Repose are: 

  • If the case involves concealment, fraud or intentional misrepresentation, then the statute of Repose is extended up to 7 years. 
  • A minor has until his or her eighteenth birthday to bring a suit for medical malpractice. 

COMPENSATION FOR VICTIMS OF A SURGERY MALPRACTICE IN MIAMI. 

Florida malpractice laws permit three forms of compensation which can be awarded by verdict or negotiated through settlement. These are : 

  • ECONOMIC DAMAGES. 

These include past, present and future medical expenses, loss of wages, loss of employment or business opportunities.  Such damages are quantifiable and reimbursable.  Expenses incurred on personal attendants, life care planners and expert witnesses can also be sought in damages. 

  • NON-ECONOMIC DAMAGES: 

    This include damages for loss of enjoyment of life, mental and physical pain and suffering, anguish etc. 

     

  • PUNITIVE DAMAGES: 

These damages do not compensate any losses.  Their purpose is to punish the wrongdoer and deter others from committing reckless actions through malice. 

WHY HIRE KAIRE & HEFFERNAN? 

Medical Malpractice involving surgical errors is a very specialized area of law.  Our team of Miami surgery malpractice lawyers are experienced at examining, preparing and presenting complicated and complex medical evidence.  Insurance companies of doctors and hospitals possess considerable financial resources which they utilize to hire the best defense attorneys who aim to prevent you from receiving the adequate compensation that you deserve if you have been a victim of a surgery malpractice.  It is necessary to have a competent Florida surgery malpractice attorney by your side to take on large insurance companies and their attorneys. 

Our team of competent Florida surgery malpractice lawyers carry out the following duties for our clients:- 

  • Conduct a thorough investigation of the case. 
  • Review and study medical records and operative reports which can show deviations from accepted standards of care. 
  • Consult medical experts who can help establish that there was a departure from the standard of care. 
  • Identify liable parties. 
  • Determine the value of the claim. 
  • Coordinate and communicate with legal representatives of the defendant/s. 
  • Strive for a fair settlement on victim’s behalf. 
  • Take the case to trial if required. 

CONTACT A MIAMI SURGERY MALPRACTICE LAWYER. 

If you or a loved one has been injured due to the negligence of a surgeon or his or her assisting surgical team in Miami, you deserve to be compensated adequately for the injuries suffered and other damages.  Call an experienced surgery malpractice Lawyer at our firm for a free case evaluation right away. 

TEXTING AND DRIVING ACCIDENTS IN MIAMI

October 29, 2020 in /by

Do not send that text while driving. Remember, driving is a privilege, not a right.  Every driver has a legal obligation to act in a manner prescribed by law.  Failure to do so can result in an accident.  Distracted driving is anything that takes an individual’s hands off the wheel, eyes off the road, or mind off driving.  It is risky behavior that endangers everyone on the road.  Distracted driving is often referred to as the new drunk driving. 

DISTRACTED DRIVING STATISTICS IN FLORIDA. 

  • Distracted driving is responsible for nearly 50,000 crashes a year in Florida.
  • Florida has been cited as having the second most number of distracted driving accidents in the Country.
  • More than 200 people are killed every year in Florida due to distracted driving.
  • There is an average 137 distracted driving accidents in Florida every day.

Distracted driving is a form of negligence.  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.   

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 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 by a preponderance of the evidence that his or her act of negligence was the main cause of the car accident. 

     

  • The accident caused compensable damages. 

    The plaintiff will have 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.  

     

    TYPES OF DISTRACTIONS. 

    Anything that diverts a driver’s attention away from the road is a distraction.  These distractions can be categorized Into three types:- 

  1. VISUAL DISTRACTIONS. 

    Distractions that cause a driver to take his or her eyes off the road.  These include,  

    1. Looking at the phone screen. 
    2. Using vanity mirror to check appearance or for the purpose of self grooming. 
    3. Looking behind at unsecured children or pets in the backseat.
  2. MANUAL DISTRACTIONS. 

    Distractions that involve a driver taking his hands or hand off the steering wheel. These include, 

    1. Texting, talking or calling on the phone. 
    2. Eating, drinking or smoking while driving. 
    3. Adjusting radio or mirrors. 
    4. Using a navigation system. 
    5. Engaging on social media Apps on the phone while driving. 
  3. COGNITIVE DISTRACTIONS. 

    Distractions that take a driver’s mind off the road.  These include, 

    1. Daydreaming. 
    2. Listening to loud music. 
    3. Having a conversation with passengers in the car. 
    4. Talking on cellphone

The Florida Department of Highway Safety and Motor Vehicles has partnered with the Department of Transportation and law enforcement agencies to educate Floridians about distracted driving laws through the “ Put it down, focus on driving” campaign.   

The ‘Wireless Communications while driving law’ came into effect from July 1, 2019. This law empowers law enforcement agencies to stop motor vehicles and issue citations to motorists who breach the distracted driving laws.  A person is required by law not to operate a motor vehicle while using a wireless communications device. 

WHAT TO DO AFTER BEING INJURED BY A DISTRACTED DRIVER? 

If you are injured in an accident with a distracted driver, it is important to remain calm and follow these steps:- 

  • Turn on hazard lights. 
  • Move yourself and your vehicle to safety. 
  • Call 911 to report the accident. 
  • Lend a helping hand to others injured in the accident. 
  • Exchange contact information with others involved in the accident. 
  • Gather any sort of evidence, if possible. 
  • Gather eye witness information. 
  • Don’t admit fault. 
  • Seek medical attention. 
  • Call insurance company and report the accident. 
  • Enlist the services of a Miami Distracted Driving Accident Lawyer at the earliest. 

Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of car accidents due to distracted driving in Miami and all across Florida. 

TYPES OF INJURIES SUSTAINED IN CAR COLLISIONS/ CRASHES. 

Car accident injuries involving distracted driving vary from person to person, and from crash to crash.  Most common injuries are :- 

  • Whiplash
  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Scarring.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • death.

     

STATUTE OF LIMITATIONS FOR FILING A DISTRACTED DRIVING ACCIDENT LAWSUIT IN FLORIDA. 

There are specific time limits, restrictions and rules for filing a accident claim.  An experienced distracted driving accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for distracted driving accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida. 

It is in the best interests of the plaintiff to enlist the services of an experienced Miami Motor Vehicles Accident lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.  

COMPENSATION FOR VICTIM OF A DISTRACTED DRIVING ACCIDENT IN  MIAMI. 

Our Miami distracted driving accident lawyers seek to get 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. 

A victim can file a claim with his or her own insurance company or the at-fault driver’s Insurance company, but policy coverage may limit the amount of compensation a victim recovers. 

Filing a Personal Injury Lawsuit is the best option to recover damages. Our Miami Distracted Driving Accident lawyers help victims recover:- 

  • Medical Bills. 
  • Lost Wages. 
  • Damages suffered due to Pain and Suffering. 
  • Damages suffered due to Emotional Distress. 
  • Costs of future corrective surgeries. 
  • Punitive damages

Florida, being a Comparative Fault State,  allows a person to recover damages irrespective of his or her degree of fault.  A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.   

Compensation awarded in such a claim can help cover medical expenses, long term medical care, and other damages, not covered by Florida Personal Injury Protection Insurance Plans.  

Florida is a ‘No Fault’ car insurance state which means that each person’s Insurance Company pays for their own medical expenses, regardless of fault. The amount of no-fault benefits is typically limited to $10,000.00.

WHY HIRE KAIRE & HEFFERNAN? 

Car accidents due to distracted driving involve complex and intricate legal concepts.  If we represent you, our attorneys will carefully investigate the cause of the accident.  Our Florida distracted driving accident attorneys possess the ability and skill to subpoena cell phone records of those involved in the accident to determine whether the driver who caused the accident was talking on the phone or sending texts at the time of the accident.   

Our team of personal injury lawyers in Miami are experienced at calculating the full extent of a victim’s expenses and damages.  Our team works with the victim’s doctors to estimate future medical needs and their costs.  Our lawyers are adept at collecting and protecting evidence. They know how to obtain and review medical records and have access to top auto industry experts in addition to accident reconstruction experts. 

Our team of Miami distracted driving accident lawyers 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.   

CONTACT A MIAMI DISTRACTED DRIVING ACCIDENT LAWYER. 

If you or your loved one has been a victim of a distracted driving accident  in Miami, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced Distracted Driving Accident lawyer at our firm for a free in depth case evaluation right away. 

Miami Truck Accident Lawyer

October 14, 2020 in /by

If you drive in Miami and the surrounding areas, you have surely had closes calls with 18 wheelers and semi trucks. With the expansion of the Port of Miami trucks enter and exit the highway at record numbers. Transportation and trucking is an integral and essential part of the American economy.  Truck companies and individual truckers, in their quest to maximize profits and to meet strict delivery deadlines all too often ignore safety regulations. 

 When accidents involve a truck, the risk of serious injuries and death increase drastically.   The damages in accidents involving trucks are significantly higher when compared with other accidents.

Trucking Accidents are all about establishing fault, and that fault often turns on the post accident investigation. It is imperative to hire a skilled lawyer as early as possible following an accident. It is virtually impossible for an individual to receive full compensation for his/her Injuries without the guidance of a competent and experienced Florida truck accident lawyer. 

STEPS TO TAKE IF YOU ARE INVOLVED IN A TRUCK ACCIDENT. 

If you have been the victim of a truck accident, then the actions you take soon after a truck accident can have a major impact on the amount of compensation that you may receive.  Our Miami truck accident lawyers recommend that you do the following:- 

  • STAY AT THE SCENE OF THE ACCIDENT AND MAKE SURE YOU ARE SAFE. 

After an accident, do not leave the scene of the accident.  Stay in the vicinity of the accident scene and remove yourself, your passengers and the vehicle from being exposed to further harm. 

  • REPORT THE ACCIDENT. 

    It is important to call the emergency services and the Police to report of the accident. 

     

  • GATHER INFORMATION. 

    After informing the Police, you should get information which includes: 

  1. The truck driver’s license information. 
  2. Insurance information of the truck driver. 
  3. Truck’s make and model details. 
  4. Truck’s license plate number. 
  5. Vehicle identification number (VIN). 
  6. Names and addresses of witnesses. 

     

  • TAKE PHOTOS AND CAPTURE VIDEO FOOTAGE OF THE WRECK. 

    If possible, use your cellphone to capture images of the entire scene and also of vehicles involved in the accident from various angles.  It is important to take photos of road signs, road conditions (such as slickness from rain).  Check for skid marks left on the road by the vehicles involved in the accident. 

     

  • AVOID MAKING STATEMENTS OR GIVING DETAILS OF THE ACCIDENT ON SOCIAL MEDIA. 

    Posts on social media right after an accident can be used against you in an injury lawsuit with regard to severity of injuries sustained.  While speaking to representatives of other parties involved in the accident, refrain from blaming anyone or accepting blame for the accident.  

     

  • CONTACT YOUR INSURANCE COMPANY. 

    Explaining your version of what happened is important in establishing the liability of the truck driver.  Therefore, it is imperative to contact your own insurance company right after an accident. 

     

  • GET YOURSELF ASSESSED FOR SERIOUS INJURIES. 

Concussions and internal bleeding do not show obvious symptoms right away. Medical records of injuries sustained can be vital in recovering adequate compensation. 

COMMON TYPES OF TRUCKS. 

The manner in which truck accidents occur depends on the trucks involved in the accidents too.   Our expert truck accident lawyers have years of experience in identifying different kinds of trucks and are also aware of the types of accidents and damage they can cause. 

The most common types of trucks are : 

  • 18 wheeler trucks. 
  • Logging trucks. 
  • Big Rig. 
  • Semi trucks. 
  • Cargo trucks 
  • Steel trucks. 
  • Coal trucks. 
  • Tow trucks. 
  • Construction trucks. 
  • Tanker trucks. 
  • Fire trucks. 
  • Fuel trucks. 
  • Garbage trucks. 

LEADING COMMERCIAL TRUCKING COMPANIES OPERATING IN THE UNITED STATES. 

  • DHL. 
  • FED EX. 
  • UPS. 
  • US Express. 
  • J.B. Hunt. 
  • Werner. 
  • Swift. 
  • Averitt. 
  • Con-way. 
  • Amazon

ESTABLISHING FAULT IN A TRUCK ACCIDENT. 

Determining liability in a truck accident can be a logistical nightmare. In a potential truck accident related lawsuit, more parties tend to get involved and not just the drivers involved in the actual crash. 

Some of those parties are :- 

  • TRUCKING COMPANIES. 

In most truck accidents, the truck is owned by a company.  The driver’s insurance is covered by the company and it’s legal team handles details of the crash. 

  • TRUCK MANUFACTURERS. 

    If the accident occurred due to a mechanical or technical failure in the truck, accountability will shift towards the manufacturer of the vehicle.  Malfunction of air brakes is one of the leading causes of truck accidents. 

     

  • SHIPPING COMPANY. 

    The company that paid for the shipment of a load may pursue legal action for non delivery or delay in delivery of the load if the truck carrying it was involved in an accident. 

     

  • LOADING COMPANY. 

    If a truck is over loaded or cargo falls off a truck causing an accident, the loading company will bear major percentage of liability. 

     

  • OTHER DRIVERS AND PEDESTRIANS. 

    There may be additional persons who might get injured in a truck accident such as other drivers and their passengers as well as pedestrians.  Each party involved is backed by their own insurance company which tries to shift blame away from their own client. 

    It is therefore necessary to enlist the services of an experienced Miami Truck Accident Lawyer to recover adequate compensation. 

     

  • OTHER PARTIES WHO CAN ALSO BE DEFENDANTS IN A TRUCK ACCIDENT. 

    Truck accident investigations and claims can be complex.  Depending on the specifics of a truck accident, the list of defendants may also include Insurance providers, City or County Governments, defective vehicle spare parts manufacturers etc. 

COMMON CAUSES OF TRUCK ACCIDENTS. 

 Government agencies and truck manufacturers work together to ensure road, vehicle and driver safety, yet truck accident numbers continue to rise.  Some major factors that contribute to truck accidents are:- 

1.   Driver errors. 

The most common errors of truck drivers that lead to accidents are as follows: 

  • Speeding. 
  • Distraction/ Inattention. 
  • Failure to yield right of way. 
  • Impairments (alcohol, illness, fatigue). 
  • Reckless driving. 
  • Failure to keep in proper lane. 

2.   Trucking companies hiring unfit drivers who lack the required commercial driving license (CDL). 

3.   Failure of trucking companies to train and supervise their drivers. 

4.   Failure of trucking companies to inspect and maintain vehicles regularly. 

5.   Improperly loading cargo. 

6.   Allowing or encouraging truck drivers to work excessive driving hours. 

7.   Defective parts such as tires, wheels, brakes or axles. 

8.   Failure of the State to properly maintain roads 

TYPES OF TRUCK ACCIDENTS. 

The most common types of truck accidents are:- 

  • Head on trucking accidents. 
  • Rear end trucking accidents. 
  • Rollover trucking accidents. 
  •  Jackknife trucking accidents. 
  • Tire blowouts. 
  • Trailer load spills. 

TYPES OF INJURIES SUSTAINED IN TRUCK ACCIDENTS. 

 Most common truck accident injuries are: 

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

COMPARATIVE NEGLIGENCE STATE. 

Florida being a Comparative Negligence State, an at-fault driver is also entitled to file a personal injury lawsuit for damages, even if he or she was partially at fault for causing a truck accident. 

STATUTE OF LIMITATION FOR FILING A TRUCK ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing an accident claim.  An experienced truck accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for truck accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

It is in the best interests of the plaintiff to enlist the services of an experienced truck accident lawyer.  Trucking companies are only required to keep records for six months. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed.  Numerous records have to be collected and opinion of experts has to be sought.  

COMPENSATION FOR VICTIM OF A TRUCK ACCIDENT IN  MIAMI. 

 Miami truck accident lawyers seek to get maximum compensation for the victim of a truck accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

HOW MUCH COMPENSATION CAN YOU RECOVER? 

Factors that influence the amount of Compensation you might receive include: 

  • The severity of your injuries. 
  • The value of your medical expenses. 
  • Whether you can establish that the truck driver or the responsible party was at fault. 
  • Whether you have missed time from work due to the accident. 
  • Your age. 
  • The impact of the accident on your lifestyle and quality of life. 

Florida laws provide compensation to truck accident victims for injuries and damages caused by the negligence of truck drivers.  Given below are the types of damages that a victim of a truck accident may be able to recover:- 

ECONOMIC DAMAGES. 

  • Past and future medical bills. 
  •  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. 

     

     

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced truck accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.  Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of truck accidents in Miami and all across Florida. 

 Accident cases involve complex and intricate legal concepts.   If you hire our Miami truck accident lawyers, you can expect the following:- 

1.   THOROUGH INVESTIGATION OF THE ACCIDENT. 

Our truck accident lawyers compile and analyze evidence such as: 

  • Accident scene evidence. 
  • Eyewitness statements. 
  • Damage to all vehicles involved. 
  • Cellphone records of the truck driver. 
  •  Driver’s toxicology test results. 
  • Police accident reports. 
  • Driver’s criminal and traffic background. 
  • The trucking company’s history of violating safety rules. 
  • Logbook and other company records. 
  • Electronic data recorder “Black Box” data. 
  • Satellite tracking data. 
  • Vehicle Inspection Reports. 
  • Drivers 

     

2.   CONSULT EXPERTS FROM VARIOUS FIELDS. 

Thanks to our vast experience in auto accident cases, we have built a network of experts which includes: 

  • Accident reconstruction experts. 
  • Rules compliance/ safety experts. 
  • Driver training (trucking school) experts. 
  • Mechanics and Engineers. 
  • Experts from various areas of medicine. 
  • Life care planners. 
  • Toxicology experts. 

     

3.   PROTECTING AND PRESERVING EVIDENCE. 

Our Miami truck accident lawyers seek Court Orders to force trucking companies to provide and preserve any evidence that is important in the case. Our team of experienced truck accident lawyers collect, review and document medical records of victims which are essential in determining adequate compensation that he or she is entitled to.  

 

4.   SEEK A TIMELY SETTLEMENT. 

Our team of Miami truck accident lawyers 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 Florida truck accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients. 

 

5.   TAKE YOUR CASE TO COURT. 

If the need arises, our team of truck accident lawyers in Miami are prepared to take the case to court for trial. 

CONTACT A MIAMI TRUCK ACCIDENT LAWYER. 

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

NURSING HOME NEGLECT AND COVID-19 CASES

October 8, 2020 in /by

More than 51,000 of the nation’s 1.4 million nursing home residents, who were either elderly or disabled have died of COVID-19 since the beginning of 2020.  Nursing home facilities have become hot spots for spread of the virus in the country. 

The alarming spread of COVID-19 amongst nursing home residents is a reflection of the low standard of care provided in these facilities.  Cost cutting and understaffing measures undertaken by nursing home owners and management have created a system of neglect. 

Young people tend to experience none or just mild symptoms at most, when exposed to COVID-19, but senior citizens with heart and respiratory complications can become seriously ill when exposed to this deadly virus. 

Nursing homes have a duty to provide a 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.  

Neglect can take many forms in a nursing home, from failure to provide adequate treatment to not providing a healthy environment to its residents.  If the nursing home management failed to implement proper procedures by not performing screenings, by not refusing visitations, by not implementing social distancing and quarantine norms, they can be held liable for any injuries suffered by the residents. 

Over 750 nursing home employees across the 15,000 federally certified nursing homes also have died from COVID-19. 

A growing number of negligence suits are being filed all across the country against nursing homes by families whose relatives suffered severe complications or have died due to COVID-19 while living in such facilities.  These cases are filed relying on state nursing home resident protection statutes and/or common law tort theories. 

In most cases, nursing home staff and management did not disclose timely truthful information to the families about the health status of their relatives until they were severely infected with COVID-19. 

In Florida, there are mandatory pre-suit screening periods before a suit can be filed. The Health Care Association in Florida has sent a letter directly to Governor DeSantis asking for “Immunity from any liability, civil or criminal” in regard to COVID-19 related lawsuits. 

Because of such developments, it is even more important to seek  assistance and guidance from an experienced Florida Nursing home neglect lawyer who is well versed with the latest laws, rules and regulations.  A lawsuit may become the only alternative to piece together, the events that actually transpired. 

SAFETY MEASURES WHICH NURSING HOMES SHOULD TAKE:- 

  • Residents should not share rooms. 
  • Attendants at nursing homes should wear face masks, gloves and PPE kits at all the times. 
  • Hand washing and hand sanitizing stations should be put up and maintained throughout the premises. 
  • Windows and doors should be left open most of the time to limit chances of breathing contaminated or recycled air. 
  • Social gatherings in nursing homes should be avoided until further notice. 
  • Health check ups including temperature checks should be conducted multiple times in a day. 
  • Bathrooms and other frequented areas should be sanitized multiple times in a day. 
  • Asking staff to avoid coming to work, if they have fever or feel Ill. 
  • Restrict visitations. 
  • Restrict volunteering. 
  • If residents test positive, they should be transferred to a hospital or facility set up to handle COVID-19 infection cases. 
  • Communicate all restrictions, developments and change in procedures to the families of the residents. 

COVID-19 SYMPTOMS EXPERIENCED BY NURSING HOME RESIDENTS:- 

  • Persistent fever. 
  • Dry Cough. 
  • Body aches. 
  • Breathing difficulties. 

  Many nursing homes have failed to provide compassionate and comprehensive care to elderly and dependent adults in a safe environment during the COVID-19 Pandemic crises.  Nursing home abuse and neglect can lead to physical injuries and long term psychological consequences. 

COMMON WARNING SIGNS OF NURSING HOME NEGLECT. 

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 being neglected after being placed in a nursing home, then be sure to look at the following common signs, 

  • Mood Swings and Emotional Outbursts. 
  • Reclusiveness and refusal to Communicate. 
  • Refusal to Eat or take Medicines. 
  • Lack of cleanliness and poor physical appearance. 
  • Being withdrawn or distant. 
  • Bedsores 
  • Frequent infections 
  • Recurring medical issues 

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. 

During Lockdown,  as families were not able to have visitations with their loved ones living in nursing homes,  a lot of abuse and neglect committed by caregivers went unnoticed and unreported. 

It is generally up to family members to stay in contact with residents of Nursing Homes and detect when something is wrong.  

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

If you suspect that a loved one has tested positive for COVID-19 due to neglect 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 abuse and neglect 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. Hiring an experienced Miami Nursing Home Abuse and Neglect Lawyer ensures that the  case is filed before the expiration of the statute of Limitation.  No more than four years can lapse before a claim is filed.   

COMPENSATION FOR VICTIM OF NURSING HOME ABUSE IN  MIAMI. 

If your loved one is a victim of Nursing Home neglect, you may be entitled to receive a settlement for following expenses and damages :- 

  • Future and past medical bills, including mental health and rehabilitation costs. 
  • Pain and suffering
  • Emotional pain and suffering. 

In a Nursing Home Abuse or Neglect 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 neglect and abuse cases 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 Neglect and Abuse Attorneys does the following for our clients while investigating a claim:- 

  • Gather and analyze the Victim’s medical records. 
  • Study internal nursing home records showing measures taken to sanitize premises. 
  • Review medical records of other residents to figure out how many COVID-19 cases were detected in the nursing home. 
  • Study records of visitation from outsiders to the nursing home. 
  • Study attendance records of staff of the nursing home. 
  • Study medical history of staff. 
  • Determine if appropriate COVID-19 related care was administered to the victim. 
  • Determine if appropriate COVID-19 related care would have made a difference if provided in time. 

CONTACT A MIAMI NURSING HOME NEGLECT AND ABUSE LAWYER. 

If your loved one has been a victim of Nursing Home neglect or abuse, such victims deserve to be duly compensated for the injuries suffered and other damages.  The perpetuator/s of such abuse and neglect should be brought to justice.  Call our Miami Nursing Home Neglect and Abuse Attorney for a free case evaluation right away. 

MIAMI MEDICAL MALPRACTICE OVERVIEW

October 2, 2020 in /by

The American Medical Association and Insurance industry are very powerful groups that have lobbied the state legislature to draft and pass special rules that benefit health care providers.  

Medical Malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice (Standard of care) in the medical community and causes injury to the patient. 

The injured patient must prove that a physician, hospital, doctor or a healthcare professional, acted negligently in rendering reasonable care, and that such negligence resulted in injury.  For this the victim has to enlist the services of an experienced Miami medical malpractice lawyer.  The following four elements need to be proven to constitute a medical malpractice:- 

  • DUTY OF REASONABLE CARE WAS OWED BY HEALTHCARE PROFESSIONAL. 

In a medical malpractice claim, the first element which a plaintiff must prove Is that the defendant owed the plaintiff a duty of care.  This duty arises from a physician-patient relationship, in which the healthcare giver assumes the obligations associated with caring for his patient. 

  • VIOLATION OF THE STANDARD OF CARE. 

    The plaintiff must prove that the defendant’s care was substandard and care rendered was unreasonable. It can also mean that,  though the act was appropriate, it was performed in a negligent manner. 

     

  • INJURY TO THE PLAINTIFF. 

    The plaintiff must have suffered some injury in order to give rise to a claim for damages. 

     

  • LINK BETWEEN THE NEGLIGENCE AND THE INJURY. 

A negligent act that does not result in an injury is not sufficient to constitute a legal claim.  The defendant’s negligence must have caused or contributed to the plaintiff’s injuries. 

Our team of Medical Malpractice attorneys has highlighted below 5 of the most prominent medical malpractice laws in Florida :- 

1.   INFORMED CONSENT REQUIREMENTS. 

Informed consent is a concept that varies from state to state.  A doctor cannot perform a procedure without explaining the risks of the procedure to the patient.   

In Florida, the informed consent law requires that the patient be advised of three things namely, 

  1. Nature of the procedure. 
  2. Substantial risks and hazards involved in the procedure. 
  3. Alternative procedures. 

After being informed of this requirement,  if the patient consents, then informed consent is said to have been given.  In Florida, if a doctor or any healthcare provider fails to obtain the informed consent of the patient before a procedure and if the patient suffers an injury as a result, the doctor may be liable under theory of Medical Battery. 

2.   STATUTE OF LIMITATIONS. 

There are certain specific time limits, restrictions and rules for filing a medical malpractice lawsuit in Florida.  An experienced Florida Medical Malpractice lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. 

The strict procedural requirements in the Florida Comprehensive Medical Malpractice Reform Act reflects a legislative determination to curtail claims and discourage Medical malpractice attorneys from representing victims of medical malpractice.

Under Florida law, ordinary Negligence cause of actions are subject to a four year statute of Limitations.  Florida has codified a two year statute of Limitations for medical malpractice causes of action.  A victim of a medical malpractice has 2 years from the date of the negligent treatment or 2 years from the discovery of injuries suffered due to the medical malpractice to file a lawsuit. 

3.   STATUTE OF REPOSE. 

This Statute sets the deadline for maximum amount of time a victim has to file a lawsuit.  Under Florida laws, after four years, a victim of a medical malpractice cannot file a lawsuit.  

Exceptions to the statute of Repose are: 

  • If the case involves concealment, fraud or intentional misrepresentation, then the statute of Repose is extended up to 7 years. 
  • A minor has until his or eighth birthday to bring a suit for medical malpractice. 

     

4.   PRE-LAWSUIT REQUIREMENTS. 

Florida has a series of pre-suit rules which are very precise.  The consequences of not following them are severe. it is important to consult a Miami Medical Malpractice lawyer as it is complicated to pursue such a claim in Florida. 

In Florida, in order to bring a Medical Malpractice lawsuit, a prospective plaintiff must fulfil very strict pre-trial requirements which discourage unmerited and frivolous claims.  The attorney must file a notice of intent with a corroborating expert opinion from a specific medical provider.  This notice contains names of the prospective plaintiff and defendants and summary of claim sought and Injury suffered.  This notice is sent to each of the defendants and in some cases state agencies. The suit will fail if it is not supported by such a sworn statement and other relevant medical evidence. 

 

5.   PRE-LAWSUIT INVESTIGATION. 

The plaintiff has to wait for 90 days after serving the notice to the defendants before filing a suit. The defendants are given an opportunity to conduct an investigation and then they can either reject the claim, make a settlement offer or offer to arbitrate in which liability is accepted and arbitration is held only to determine extent of damages. 

COMMON TYPES OF MEDICAL MALPRACTICE 

  • MISDIAGNOSIS:- 

Misdiagnosis counts as a malpractice because it prevents a patient from receiving necessary treatment.  A doctor examines the patient but fails to diagnose the correct illness.  The patient may be diagnosed with a condition that he or she may not have.  

  • DELAYED DIAGNOSIS:- 

    For a case to qualify as a delayed diagnosis, doctor must have assessed the patient less competently than other doctors would have. 

    Initially doctor makes an incorrect diagnosis, but ultimately patient does receive correct and accurate diagnosis.  This delay results in deterioration in the patient’s condition due to not receiving timely treatment. 

     

  • BIRTH INJURIES. 

    Birth injuries are a common consequence of medical malpractice.  When a doctor fails to identify and address prenatal or neonatal risk factors, he or she can be held liable for medical malpractice.  

    Improper birthing techniques, failure to respond appropriately to delivery complications can result in significant birth injuries such as Erb’s Palsy, fetal anoxia, Cerebral Palsy, jaundice etc.    

     

  • FAILURE TO TREAT:- 

    On many occasions, a doctor arrives at the right diagnosis but fails to prescribe the adequate treatment.  This failure constitutes a malpractice.  Doctors fail to treat a patient diligently and release a patient too soon, omit to offer proper follow-up care or neglect to refer patient to a specialist. 

     

  • SURGICAL ERRORS:- 

    Examples of surgical errors that may constitute a malpractice include:- 

  1. Performing incorrect procedure. 
  2. Performing unnecessary surgery. 
  3. Damaging organs, nerves or tissues during surgery. 
  4. Administrating incorrect amount of anaesthesia. 
  5. Using non-sterile surgical instruments. 
  6. Leaving medical equipment inside patients. 

     

  • MEDICAL PRODUCT LIABILITY:- 

    Medical Professionals are not always at fault.  In some instances patients suffer because a medical device used in their treatment was faulty or of substandard quality. 

This faulty devices or equipment cause damage before their defects  are discovered.  The health of patients worsens because this devices fail to provide the desired benefits. 

COMPENSATION FOR VICTIM OF A MEDICAL MALPRACTICE IN MIAMI. 

Florida medical malpractice laws permit three forms of compensation which can be awarded by verdict or negotiated through settlement. These are : 

  • ECONOMIC DAMAGES. 

These include past, present and future medical expenses, loss of wages, loss of employment or business opportunities.  Lawyers present hospital and insurance bills which can be compensated for.  These damages are quantifiable and reimbursable.

  • NON-ECONOMIC DAMAGES: 

    These damages are difficult to calculate.  They include damages for loss of enjoyment of life, emotional pain and suffering, anguish etc. 

     

  • PUNITIVE DAMAGES: 

These damages do not compensate any losses.  Their purpose is to punish the wrongdoer and deter others from committing reckless actions through malice. 

WHY HIRE KAIRE & HEFFERNAN ? 

Medical Malpractice is a very specialized branch of law. Our team of Miami medical malpractice lawyers are experienced in examining, preparing and presenting complicated and complex medical evidence. Insurance companies representing doctors and hospitals possess considerable financial resources which they utilize to hire formidable defense attorneys and experts.  It is necessary to have an experienced medical malpractice attorney by your side to take on large insurance companies and their attorneys.

Our team of competent Florida medical malpractice lawyers carry out the following duties for our clients:- 

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

CONTACT A MIAMI MEDICAL MALPRACTICE LAWYER. 

If you or your loved one has been a victim of a medical malpractice in Miami, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced medical malpractice Lawyer at our firm for a free case evaluation right away. 

MIAMI UBER ACCIDENT LAWYERS

October 1, 2020 in /by

Many people in Miami and all across Florida prefer to use Uber and other ride sharing services instead of taxis, trains and buses for daily transportation needs.  People find these services easier to use and cheaper compared to other modes of transportation. 

If a driver of an Uber hit you while you were driving, biking or walking or if you were a passenger in an Uber which was involved in an accident, you should treat it like any other accident and immediately seek help from an experienced Miami Uber accident lawyer.  

If you have been the victim of an accident involving a Uber, our team of Uber accident lawyers recommends that you do the following:- 

  • Seek emergency medical assistance if anyone is injured. 
  • Call the Police. 
  • When the Police arrive, make sure you let them know whether you were a passenger in an Uber or were hit by an Uber while driving, biking or walking.  Mention injuries sustained. 
  • Take photographs at the scene of the accident. 
  • Get contact information of the drivers involved in the accident and also of witnesses. 
  • Take a picture of the at fault vehicles License Plate
  • Contact a Miami Uber accident attorney as soon as possible. 

 

UBER’S INSURANCE POLICIES.  

Uber considers “ three periods” while determining eligibility for coverages.  Whether the accident is covered depends on when the accident took place, as detailed below: 

  • FIRST PERIOD. 

This period starts when the app is turned on and the driver is awaiting ride requests.  In this period, drivers receive limited liability coverage ($50,000/ per person/ $100,000 total/ $25,000 property damage).  For all other types of coverage, drivers are required to have own personal insurance. 

  • SECOND PERIOD. 

    Period two begins when the driver goes to pick up a passenger.  Uber provides handsome coverages in this period with up to $ one (1) million of liability coverage and full coverage for vehicle damages.  Uber demands proof that a driver was on course to pick up a passenger when the accident occurred.  If the driver fails to provide sufficient proof, Uber can claim driver was in period one. 

     

  • PERIOD THREE. 

    This period is active during the time a passenger is in the vehicle.  This is probably the easiest period for a Miami Uber accident lawyer to prove.  Presence of a passenger makes insurance claims of both the passenger and the driver almost undeniable.  In such cases, attorneys will be able to negotiate fair settlement terms without much resistance.  Coverages are similar to those in period two. 

COMMON CAUSES OF UBER ACCIDENTS. 

 Government agencies and ride sharing services like Uber work together to ensure road, vehicle, driver and passenger safety,  yet accidents involving Uber and other ride hailing services continue to rise.  Some major factors that contribute to these accidents are:- 

1.   Driver errors. 

The most common errors of Uber drivers that lead to accidents are as follows: 

  • Speeding.
  • Looking at Uber/Lyft App while driving.
  • Looking at Navigation Software while driving
  • Distraction/ Inattention. 
  • Failure to yield right of way. 
  • Impairments (alcohol, illness, fatigue). 
  • Reckless driving. 
  • Failure to keep in proper lane
     

2.   Uber and other ride sharing service companies contracting unfit drivers. 

3.   Failure of Uber and other ride sharing services to train and supervise their contracted drivers. 

4.   Failure of Uber and other ride sharing services to inspect and maintain vehicles regularly. 

5.   Allowing or encouraging Uber and other ride sharing services drivers to work excessive driving hours. 

6.   Defective parts such as tires, wheels, brakes or axles.

TYPES OF INJURIES SUSTAINED IN UBER ACCIDENTS. 

 Most common Uber 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.
  • death.
  • Herniated disc

     

STATUTE OF LIMITATION FOR FILING AN UBER ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing an accident claim.  An experienced Uber accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for Uber accidents is four years after the accident occurred.  In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

It is in the best interests of the plaintiff to enlist the services of an experienced Uber accident lawyer.  In Florida, a victim is required to file a police report within ten days of the accident.  It is also necessary to notify Uber or Lyft about the accident as soon as possible. 

COMPENSATION FOR VICTIM OF A UBER OR LYFT ACCIDENT IN MIAMI. 

 Miami Uber and Lyft accident lawyers
eek additional compensation for injuries sustained. 

 Given below are the types of damages that a victim of a Uber accident may be able to recover:- 

ECONOMIC DAMAGES. 

  • Past and future medical costs. 

In most of the Uber accident cases, the medical bills are the largest single expense incurred by the victim.  Most of the compensation received by victims goes towards payment of medical costs. 

  • Future medical costs. 

    After initial treatment and rehabilitation, victims of Uber and Lyft accidents often require further medical care in the future.  It is necessary for victims to receive adequate compensation to take care of future medical costs. 

     

  •  Lost wages and business income. 

    A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business. 

     

  • Loss of future earning capacity. 

    Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full time job to a part time job or move from a highly paid job to a lower remuneration job.  In such cases, additional compensation is awarded. 

     

  • Permanent injury and disability. 

    Some injuries have life long implications on the health of a victim of an Uber accident. 

In many cases, victim never recovers fully from his or her injuries. 

NON ECONOMIC DAMAGES. 

  • Pain and suffering. 

Injuries cause pain which can be extreme and debilitating.  Such pain Is accompanied by emotional suffering and stress.  Florida law allows victims to collect compensation for such sufferings. 

  • Emotional distress. 

    Additional mental and emotional illnesses can arise from injuries sustained in a Uber accident.  Emotional distress, if proven by experts can support a victim’s claim for compensation. 

     

  • Loss of consortium. 

    Injuries sustained in Uber accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection and companionship.  Under loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained. 

     

  • Loss of enjoyment of life. 

    A victim of an Uber accident is entitled to receive compensation if he or she is unable to perform physical, social and recreational activities which he or she enjoyed performing before sustaining injuries in the accident. 

     

WHY HIRE KAIRE & HEFFERNAN? 

Our qualified and experienced Uber accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws.  Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of Uber accidents in Miami and all across Florida. 

 Accident cases involve complex and intricate legal concepts.   If you hire our Miami Uber accident lawyers, you can expect the following:- 

1.   THOROUGH INVESTIGATION OF THE ACCIDENT. 

Our Uber accident lawyers compile and analyze evidence such as: 

  • Accident scene evidence. 
  • Circumstances of the accident. 
  • Eyewitness statements. 
  • Damage to all vehicles involved. 
  • Cell phone records. 
  •  Uber driver’s toxicology test results. 
  • Police accident reports. 
  • Uber driver’s criminal and traffic background. 
  • Uber’s history of violating safety rules. 
  • Whether Uber conducted a thorough background check before contracting the driver. 
  • Whether the driver’s car was in compliance with Uber’s standards and/or Florida regulations. 
  • Whether Uber received any complaints in the past about the driver and if so, what actions did the company take. 

     

2.   CONSULT EXPERTS FROM VARIOUS FIELDS. 

Thanks to our vast experience in auto accident cases, we have built a network of experts which includes: 

  • Accident reconstruction experts. 
  • Rules compliance/ safety experts. 
  • Driver training (driving school) experts. 
  • Mechanics and Engineers. 
  • Experts from various areas of medicine. 
  • Life care planners. 
  • Toxicology experts. 
  • Contract experts. 

     

3.   DETERMINE ADEQUATE COMPENSATION. 

Our Miami Uber accident lawyers collect, review and document medical records of a victim which are essential in determining adequate compensation that he or she is entitled to.  

 

4.   SEEK A TIMELY SETTLEMENT. 

Our team of Miami Uber accident lawyers 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 Florida Uber accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients. 

 

5.   TAKE YOUR CASE TO COURT. 

If the need arises, our team of Uber accident lawyers in Miami are prepared to take the case to court for trial. 

CONTACT A MIAMI UBER ACCIDENT LAWYER. 

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

MIami Stroke Malpractice Lawyers

September 23, 2020 in /by

Our lawyers specialize in Stroke cases. Strokes are the third leading cause of deaths in the United States.  Each year, about 800,000 individuals suffer a stroke in the Country.  It is estimated that 140,000 individuals die as a result of a stroke. 

A Stroke occurs when blood flow to the brain stops.  It is often caused by a blood clot or a rupture of an artery in the brain.  When doctors fail to identity or properly treat a stroke, victims are left to deal with dire consequences for the rest of their lives.  Lifelong disability, constant medical care and inability to work are common among stroke victims. 

Proving malpractice/negligence in a stroke related injury case requires four basic elements.  The Plaintiff must prove that:  

  • The Defendant owed a duty of Care in the given situation. 
  • The Defendant failed to meet or execute that duty.  This is known as falling below the standard of care
  • The plaintiff suffered damages, and 
  • The damages were the result of the defendant’s breached duty. 

COMMON CAUSES OF STROKES. 

A variety of medical conditions increase the risk of having a stroke.  These include:- 

  • High Blood Pressure. 
  • Diabetes. 
  • Atherosclerosis from High Cholesterol. 
  • Blood Vessel malformations. 

Besides the above, strokes are often the result of prolonged use of certain prescription drugs and traumatic accidents suffered by victims.  On many occasions, health care providers misdiagnose strokes or diagnose the medical condition long after extreme physical and mental impairment is caused to the victim. 

SYMPTOMS OF STROKE. 

It is the duty of a doctor to fully evaluate anyone showing the slightest symptoms of Stroke.  Stroke symptoms often include :- 

  • Extreme Headache. 
  • Loss of balance or Coordination. 
  • Inability to speak or communicate. 
  • Dizziness. 
  • Weakness or numbness on one particular side of the body. 
  • Loss of vision. 
  • Paralysis. 

TYPES OF STROKES. 

The three man types of stroke are, 

  • ISCHEMIC STROKE. 

Almost 87% of strokes are ischemic strokes.  An ischemic stroke happens when blood flow through the artery that supplies oxygen rich blood to the brain becomes blocked.  Blood clots often cause the blockages that lead to ischemic strokes. 

  • HEMORRHAGIC STROKES. 

    A hemorrhagic stroke occurs when an artery in the brain leaks blood or ruptures.  

     

  • TRANSIENT ISCHEMIC ATTACK (TIA). 

    A transient ischemic attack (TIA) is called s mini-stroke. It is different from the other types of strokes because in TIA the blood flow to the brain is blocked only for a short time.  A TIA is a warning sign of a future stroke. 

DOCTOR’S DUTIES REGARDING POTENTIAL STROKE EVALUATION AND TREATMENT. 

Doctors can prevent a stroke by administering proper timely treatment.  Doctors should: 

  • Study and analyze the medical records and history. 
  • Perform a thorough physical examination. 
  • Recognize warning signs of a stroke and give prompt treatment. 
  • Diagnose strokes and TIAs in a timely manner. 
  • Properly read and study lab test results. 
  • Follow proper testing, evaluation and treatment protocols. 
  • Refer patient to a neurological specialist or a specialized hospital in time. 

STATUTE OF LIMITATION FOR FILING A STROKE INJURY LAWSUIT IN FLORIDA. 

There are specific time limits, restrictions and rules for filing a claim for a stroke malpractice in Florida.  An experienced stroke malpractice lawyer in Miami ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for a Stroke related lawsuit is two years after the stroke occurred. In general terms, a victim of a stroke malpractice has 2 years from the date of the negligent treatment or 2 years from the discovery of injuries suffered due to the stroke to file a lawsuit.

COMPENSATION FOR A VICTIM OF STROKE MALPRACTICE IN MIAMI. 

Our Miami stroke lawyers seek to get maximum compensation for the victim of a stroke malpractice and help the victim and his or her family explore other options and alternative ways to seek additional compensation for injuries sustained. 

Strokes can cause permanent brain damage.  As a result, those affected need a lifetime of round-the-clock at-home nursing care, or may need to be moved to a nursing home. Victims of a Stroke may require extensive physical and occupational therapy for a long time, or even for the rest of their lives. 

It is critically important for those who have suffered a stroke due to the negligence of a medical professional, to obtain adequate compensation. 

The amount of compensation that a victim recovers also hinges on other factors such as severity of the injuries, circumstances surrounding the stroke etc.  In general, a victim may be entitled to recover compensation for :- 

  • Medical Bills. 
  • Lost Wages. 
  • Costs of rehabilitation therapy. 
  • Loss of earning capacity. 
  • Damages suffered due to Pain and Suffering. 
  • Damages suffered due to anguish and emotional distress. 
  • Costs of future corrective surgeries. 
  • Damages suffered due to loss of enjoyment of life. 

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced attorneys possess in depth knowledge and experience to assist you and your family to navigate through complex medical malpractice laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of Stroke malpractice and negligence related injuries in Miami and all across Florida. 

Our team of Miami Stroke Malpractice Attorneys does the following for our clients while investigating a claim:- 

  • Gather and analyze the Victim’s medical records and Neuroimaging studies. 
  • Review the stroke victim’s medical records and neuroimaging studies in consultations with Physicians who possess expertise in Stroke care. 
  • Secure additional evidence.  
  • Determine if timely and appropriate stroke care was administered to the victim. 
  • Determine if appropriate stroke care would have made a difference if provided in time. 
  • Contact Insurance companies of the negligent health care provider and establish a claim. 
  • Take the victim’s case to Court if the need arises. 

CONTACT A MIAMI STROKE INJURY LAWYER. 

If you or your loved one has been a victim of a Stroke Malpractice in Florida, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced stroke injury lawyer at our firm for a free case evaluation right away. 

MIami Dog Bite Lawyer

September 8, 2020 in /by

Dog bites are a frequent occurrences in Florida.  Dog bites can cause serious injuries , possibly even life threatening.  They can leave scars and cause permanent disfigurement, and can result in a lifetime of pain and suffering. 

According to a recent survey by Center for Disease Control and Prevention, dogs bite more than 4.2 million Americans every year which is nearly 2% of the population. 

Under Florida laws, a dog owner is liable for damages suffered by any person bitten by the owner’s dog while: 

  • In a public place. 
  • Lawfully in a private place, and 
  • On the property of the owner of the dog as long as the victim is legally there. 

The victim is only required to show he or she was bitten by the dog without provocation.  If the victim’s injury was not caused by a dog bite but instead due to a dog jumping on the victim or scratching him or her, the victim can still bring a claim for negligence against the dog’s owner.   

WHAT YOU SHOULD DO AFTER YOU OR YOUR LOVED ONE HAS BEEN BITTEN BY A DOG IN MIAMI? 

  • ENSURE YOU OR YOUR LOVED ONE GETS TIMELY TREATMENT. 

Dog bites pose a serious risk for infections.  If the bite is serious, call an ambulance or go to an emergency room to get treatment for the injuries sustained due to the dog bite.  

IDENTITY THE DOG THAT BIT YOU. 

You should try to identity the dog that bit you and locate its owner.  The owner’s identity is necessary because the owner is the responsible party and the owner’s home insurance company usually pays for damages. However, more and more insurance companies now have dog bite exclusions in their policies.

REPORT THE ATTACK. 

Report the dog bite to the local county animal control agency or the sheriff’s department and provide information about the incident.  It is essential to provide details about the dog, its owner’s name and address, and the site of the incident. 

  • CAPTURE PHOTOGRAPHS. 

    If possible, take photographs of all visible injuries including wounds and lacerations.  Capture photographs of torn or bloodied clothing if any.  Take photographs of the dog and the site of the incident too. 

     

  • AVOID GIVING STATEMENTS TO REPRESENTATIVES OF THE DOG OWNER. 

    It is likely that before you speak to a Miami dog bite lawyer, representatives of the insurance company of the dog owner will try to get you to agree to settlement terms and conditions.  Insurance companies are only interested in protecting themselves from claims.   Avoid giving statements or signing any documents before consulting your dog bite attorney.  Do not accept blame and also avoid blaming anyone. 

     

  • CONTACT A MIAMI DOG BITE LAWYER. 

Handling a dog bite case can be a complex process and it is essential to seek representation from a skilled and experienced Miami dog bite lawyer without delay.  Time is of the essence in dog bite cases too. 

TYPES OF INJURIES SUSTAINED BY VICTIMS OF DOG BITES. 

Most victims of dog bites sustain the following injuries which can lead to numerous doctor visits and piling up of medical bills :- 

  • Broken bones and Fractures.
  • Scarring.
  • Infections.
  • Puncture wounds.
  • Rabies.
  • Soft tissue injuries.
  • Death
  • Psychological trauma (PTSD). death.

     

STATUTE OF LIMITATION FOR FILING A DOG BITE CASE IN FLORIDA. 

There are specific time limits, restrictions and rules for filing a claim for a dog bite in Florida.  A experienced dog bite lawyer in Miami ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for Dog bites is four years after the incident occurred. In general terms, residents of Florida have four years from the date of the biting to initiate a civil lawsuit. 

If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida. 

STRICT LIABILITY FOR DOG BITES. 

Under Florida dog bite statute, the victim of a dog bite is not required to prove negligence on the part of the owner of the dog to recover compensation.  Florida is a strict liability state.  This means that the owner of the dog is liable even if he or she was unaware of the dog’s propensity for aggressive behavior.  The victim of the dog bite has to prove :- 

  • The dog was owned by the defendant. 
  • Attack was caused on public property or while victim was lawfully on private property. 
  • The victim was injured by an actual bite during the dog attack. 
  • The dog caused the injury. 

Florida being a comparative negligence state, a victim’s total compensation can be reduced if the Court finds that the victim was partially to blame for the dog bite.  Under Florida laws,  if the victim provoked the dog or the victim’s negligent acts caused the attack, the dog owner’s liability may be reduced. 

COMPENSATION FOR A VICTIM OF A DOG BITE IN MIAMI. 

Our Miami dog bite lawyers seek to get maximum compensation for the victim of a dog bite and help the victim and his or her family explore other options and alternative ways to seek additional compensation for injuries sustained. 

An experienced dog bite lawyer knows that any damages must include the cost of long term therapy and psychological counseling.  What might seem like a minor dog bite can cause a victim to experience flashbacks, nightmares and even symptoms of PTSD. 

The amount of compensation that a victim recovers also hinges on other factors such as severity of the injuries, circumstances surrounding the attack etc.  In general, a victim may be entitled to recover compensation for :- 

  • Medical Bills. 
  • Lost Wages. 
  • Loss of earning capacity. 
  • Pain and Suffering. 
  • Damages suffered due to mental anguish and emotional distress. 
  • Costs of future corrective surgeries. 
  • Damages suffered due to loss of enjoyment of life. 

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced attorneys possess in depth knowledge and experience to assist you and your family to navigate through complex dog bite laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of dog bites in Miami and all across Florida. 

Our team of dog bite attorneys does the following for our clients;- 

  • Secure evidence. 
  • Establish the dog’s ownership. 
  • Track down witnesses.  
  • Report the incident to animal control authorities. 
  • Seek opinion of canine experts. 
  • Obtain an Incident report. 
  • Contact Insurance companies and establish a claim. 
  • Take your case to Court if the need arises. 

CONTACT A MIAMI DOG BITE LAWYER. 

If you or your loved one has been bitten by a dog in Florida, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced dog bite lawyer at our firm for a free case evaluation right away. 

Miami Daycare Negligence Lawyer

September 2, 2020 in /by

Children deserve the safest and healthiest environments where they can learn and grow. The decision to entrust children to a daycare facility has to be taken with caution, care and diligent research.  Parents need to take extra precautions by interviewing caregivers and examining facilities carefully before leaving their child at a daycare facility. 

Florida law defines “Child Care” as the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and healthy supervision for the child in accordance with his or her Individual needs, and for which a payment is made for care. 

A Child Care facility under Florida law “includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, wherever operated and whether or not operated for profit”. 

Public schools, summer day camps, Bible schools etc. are the notable exceptions to the above definition.  

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 daycare center) owed the plaintiff (the injured child) a reasonable duty of care.   

A daycare center is legally responsible for the injuries caused by the negligent actions or inactions of it’s employees or management.  It’s the daycare center’s duty not only to provide reasonable supervision, but also to properly inspect and maintain the daycare center including its classrooms, hallways, bathrooms, indoor and outdoor play areas in a reasonable and safe condition. 

  • The Daycare center breached it’s duty of care. 

    The breach of care by the defendant is the crux of the personal injury law.  If the daycare center breaches any of its duties or responsibilities, it can be held liable for the injuries sustained by the child.  It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendants daycare facility. 

     

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

    It is not enough to show that the Defendant was negligent, careless or reckless,  the breach of duty must directly result in injuries suffered by the child.  It has to be established that the negligent action or inaction of the staff of the  daycare facility was the main cause of the injury suffered. 

     

  • The accident caused compensable damages. 

The lawyer of the plaintiff child has to establish that his or her client suffered damages due to the breach of duty by the daycare facility.  Damages may include physical injury, pain and suffering, mental anguish, emotional distress, lost wages of parents, loss of quality of life. 

WHAT SHOULD YOU DO AFTER YOUR CHILD HAS BEEN INJURED AT A DAYCARE FACILITY. 

  • ENSURE YOUR CHILD GETS TIMELY TREATMENT. 

Getting your child treated for the injuries sustained should be your top priority.  Call 911 or get your child to the nearest medical facility immediately. 

  • COLLECTION OF EVIDENCE. 

    After getting your child necessary medical attention and ensuring his or her safety, try to collect vital evidence such as the incident report from the daycare facility,  names and addresses of staff members who were present at the time of the accident and also try to get statements from them. 

     

  • CAPTURE PHOTOS AND TAKE VIDEO RECORDINGS. 

    It is essential to take photos of the injuries sustained by your child and also of the location where the accident occurred. It is necessary to show the insurance company adjuster or the jury the full impact and extent of the injuries sustained by your child.  Ask the daycare facility to provide you the security camera footage of the accident. 

     

  • AVOID GIVING STATEMENTS TO REPRESENTATIVES OF THE DAYCARE FACILITY. 

It is likely that before you speak to a Miami daycare negligence lawyer, representatives of the daycare facility will try to get you to agree to settlement terms and conditions that benefit them.  Avoid giving statements or signing any papers before consulting your daycare negligence attorney.  Do not accept blame and also avoid blaming anyone. 

EXAMPLES OF DAYCARE FACILITY NEGLIGENCE- 

Some major factors that lead to violations by DayCare facilities are:-

  • FAILURE TO SUPERVISE. 

If a child is injured or harmed due to the lack of reasonable supervision, the failure to supervise reasonably amounts to negligence. 

  • FAILURE TO KEEP PREMISES SAFE. 

    A daycare facility’s failure to provide a safe environment can lead to injuries to children in its care.  Leaving medicines or toxic substances within reach of children or not picking and putting away toys after children have played can lead to injuries to the children. 

     

  • FAILURE TO TAKE CARE OF A CHILD’S SPECIAL DIETARY NEEDS. 

    If a child suffers from an allergic reaction to certain foods,  then he or she should not be fed such foods.  Failure to comply with this can be considered an act of negligence. 

     

  • FAILURE TO SCREEN EMPLOYEES. 

It is the duty of the daycare facility to ensure that they conduct proper screening and thorough background checks on their employees.  Daycare facilities should avoid hiring individuals with a history of child abuse or reported instances of negligence at their former workplaces. 

TYPES OF INJURIES SUSTAINED BY CHILDREN AT DAYCARE FACILITIES:- 

Most common daycare facility accident injuries are :- 

  • Broken bones and Fractures.
  • Cuts.
  • Dislocations.
  • Poisoning.
  • Choking on food or other objects.
  • Dental injuries.
  • Food borne illnesses.
  • Injuries caused by outsiders.
  • Eye Injuries.
  • Injuries caused by other children.
  • Wrongful death.

     

STATUTE OF LIMITATION FOR FILING A DAYCARE NEGLIGENCE ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing an accident claim.  An experienced Daycare Negligence lawyer in Miami ensures that you fully understand the Federal, State and Local laws that might apply to your child’s case.  Florida statute of Limitations for Daycare accidents due to negligence is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.  

If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida. 

In the best interests of their injured child,  parents should enlist the services of an experienced Florida daycare negligence lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed.  Numerous records have to be collected and opinion of experts has to be sought.  

COMPENSATION FOR A VICTIM OF A DAYCARE NEGLIGENCE ACCIDENT IN  MIAMI. 

Our Miami daycare negligence lawyers seek to get maximum compensation for the victim of a daycare accident and help his or her parents and family explore other options and alternative ways to seek additional compensation for injuries sustained. 

Our Miami Daycare Accident lawyers help victims recover:- 

  • Medical Bills. 
  • Lost Wages of parents. 
  • Damages suffered due to Pain and Suffering. 
  • Damages suffered due to Emotional Distress. 
  • Costs of future corrective surgeries. 
  • Damages suffered due to loss of enjoyment of life. 

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced attorneys possess in depth knowledge and experience to assist an injured child and his or her family to navigate through complex daycare accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of daycare accidents caused due to negligence in Miami and all across Florida. 

Our team of daycare negligence lawyers in Miami are experienced at collecting and protecting evidence. They know how to obtain and review medical records and have access to top daycare industry experts. 

Our team of Miami daycare accident lawyers 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.   

CONTACT A MIAMI DAYCARE NEGLIGENCE LAWYER. 

If your beloved chid has been injured due to the careless or negligent actions or inactions of the daycare facility’s employees or management,  your child deserves to be duly compensated for the injuries suffered and other damages.  Call an experienced Daycare Negligence lawyer at our firm for a free case evaluation right away.