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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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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. 

Miami Construction Accident Lawyer

August 28, 2020 in /by

The good news is the Miami and South Florida construction industry is booming. The bad news is all that construction activity often leads to more construction accidents. To that end, just a few weeks ago 6 workers were injured after being hit by falling rebar in Brickell.

The construction industry is one of the most accident-prone sectors of the economy. Construction workers are subject to high levels of risk as they are often involved in executing potentially dangerous tasks such as lifting heavy objects, operating heavy machinery, and performing job duties at elevated heights. 

Adherence to proper protocol and safety practices can decrease a worker’s risk of injury. 

A variety of different factors impact the determination of liability for a construction accident.  Our team of experienced construction accident lawyers analyze these factors to build a solid case for an injured worker’s right to compensation. 

Important factors that impact a construction accident case are:- 

  • LOCATION OF THE ACCIDENT. 

Location of the construction accident is a very important factor in determining liability.  If a site has a history of construction accidents, it clearly indicates that the owner or the party in charge of the premises neglected to correct unsafe conditions. 

  • CONDITIONS OF THE ACCIDENT SITE. 

    If conditions prevailing at the site of the construction accident  breached safety standards and regulations, then the owner or the party in charge of the premises will be held liable for the injuries sustained by the victim of a construction accident. 

  • EQUIPMENT IN USE. 

    If the construction accident was result of equipment malfunction or faulty equipment, the manufacturer is liable to pay damages to the victim.  Irregularities in equipment use and not following standard equipment using procedures are also important in determining liability. 

  • PARTY IN CHARGE OF THE CONSTRUCTION ACCIDENT SITE. 

    If an engineer, or a contractor, or an architect is in charge of a site and is responsible for maintaining safe conditions on the premises, then that entity can be held liable for the construction accident.  In such instances, the owner can escape liability. 

  • OWNER OF THE SITE. 

    The owner of the site is responsible for maintaining safe conditions on that property unless an agreement exists between the owner and a contractor placing liability on the contractor.  If an owner knowingly allows a contractor to carry out unsafe work on his or her property, then the owner is liable for any resulting injures. 

  • LEGAL RELATIONSHIP BETWEEN THE ACCIDENT VICTIM AND THE LIABLE PARTY. 

Compensation will not be legally enforceable if the victim was accessing the construction site against the will or without the knowledge of the party in charge of the site.  The victim of the accident, to be liable for damages has to prove that his presence at the site was permitted by the party in charge of the site. 

COMMON TYPES OF CONSTRUCTION ACCIDENTS. 

 Some common types of construction accidents are:- 

  • Slips and falls. 
  • Transportation accidents ( forklift accidents or accidents involving trucks on construction sites) 
  • Exposure to harmful substances, fumes etc. 
  • Scaffolding accidents. 
  • Poorly maintained or defective equipment. 
  • Improper training. 
  • Being struck by falling objects. 

TYPES OF INJURIES SUSTAINED IN CONSTRUCTION ACCIDENTS. 

Most common construction accident injuries are : 

  • Broken bones and Fractures
  • Spinal cord injuries.
  • Contusions.
  • Sprains and strains.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Wrongful death.

     

STATUTE OF LIMITATION FOR FILING A CONSTRUCTION ACCIDENT CASE IN FLORIDA. 

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

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

Under Florida workers’ compensation laws, employers are granted immunity from liability for work injuries sustained by their workers. 

Florida workers’ compensation laws allow almost all workers injured in the scope and course of employment to collect benefits, regardless of whether the employer or the worker was responsible. 

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. 

Our Miami construction 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. 

THIRD PARTY LIABILITY. 

Employees are often eligible for worker’s compensation benefits after a construction accident but this benefits only cover a worker’s income losses and injury costs. 

The advantage of filing a third party lawsuit is that it enables a victim to recover damages for full costs of the accident, even if some of this costs have been covered by workers’ compensation.    

Third party liability in a construction accident arises when a third party other than the injured worker or the employer is responsible for the injuries or some of the injuries sustained by the injured worker.  Most common third parties responsible for construction accidents are, 

  • Construction site owners. 
  • Contractors and subcontractors. 
  • Engineers 
  • Architects 
  • Equipment manufacturers. 

If a worker sustains an injury as a result of an construction accident where a faulty tool or defective equipment was the cause or one of the causes, then that worker may pursue a claim against the manufacturer of that device under the theory of product liability. These devices include scaffolds, lifts, ladders, safety harnesses or other safety equipment. 

In some cases, property owners can be held liable for construction accidents on their property and the victim may pursue a claim under premise liability.  The plaintiff must establish the following elements: 

  • Defendant owned, leased or was in control and charge of the construction site. 
  • Defendant was negligent in the maintenance of the site. 
  • Plaintiff was harmed. 

WHY HIRE KAIRE & HEFFERNAN ? 

Construction Accident cases involve complex and intricate legal concepts.  Determining liability for injuries can be a difficult process which an injured worker should not attempt to undertake without the expert guidance of a competent construction accident attorney. 

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

Our team of creative and crafty construction accident lawyers in Florida can guide and assist an injured worker and also file a lawsuit on his or her behalf to get additional compensation. 

Our team of Miami construction accident lawyers know how to effectively deal with Attorneys and Insurers of the employers, owners of construction sites, parties in charge of construction sites and third parties who try to deny the plaintiff’s claim or reduce the claim value significantly.   

CONTACT A MIAMI CONSTRUCTION ACCIDENT LAWYER. 

If you or your loved one has been injured in a construction accident, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced Construction Accident lawyer at our firm for a free case evaluation right away. 

Miami Truck Accident Lawyers

August 26, 2020 in /by

All auto accidents are dangerous. However, if such accidents involve a truck, then the risk of serious injuries and even death increases significantly.   The cost of injuries and damages rise in accidents involving trucks. 

A victim of a truck accident enters into a legal battle with the driver, the trucking company, and the insurance company to receive full compensation for Injuries, which is impossible without the able guidance of a competent and experienced truck accident lawyer. 

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 your case.  Our truck accident lawyers recommend that you do the following:- 

  • STAY AT THE SCENE OF THE ACCIDENT. 

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 emergency services and the Police to report the accident. 

     

  • ASSESS INJURIES. 

    Check on the people involved in the accident .  Assess their injuries and your own injuries as well.  If necessary go to the emergency room as soon as possible to check for potential injuries. 

     

  • 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. The truck accident company will likely have their safety investigator on the scene. Accordingly, you should either call a lawyer right away or you should photograph the scene.

     

  • 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. 

  • 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 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 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. 
  •  Jack knife 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.
  • death.

     

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 Miami 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.  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. 

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 current medical costs. 

In most of the truck accident cases, the medical bills are the largest single expense incurred by the victim.  Adequate medical care and treatment is required by the victim for his injuries. 

  • Future medical costs. 

    After initial treatment and rehabilitation, victims of truck accidents often require further medical care in the future.  Expert testimony from doctors and therapists can establish that the victim requires further extensive treatment. 

     

  •  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 paying job.  In such cases, additional compensation maybe awarded. 

     

  • Permanent injury and disability. 

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

A victim never recovers fully from his 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 suffering. 

  • Emotional distress. 

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

     

  • Loss of consortium. 

    Injuries sustained in truck 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 in truck accident. 

     

  • Loss of enjoyment of life. 

    A victim of a truck 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 truck accident. 

     

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced Miami 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. 
  •  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. 

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. 

Miami Pedestrian Accident Lawyers

August 21, 2020 in /by

Walking is one of the best ways to get around Miami. Unfortunately, pedestrian accidents due to negligence are one of the greatest causes of deaths and serious injuries in Miami and throughout Florida.  

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

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

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

Drivers owe a duty of care towards 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 reckless, it has to be established beyond reasonable doubt that his or her act of negligence was the main cause of the accident. 

     

  • The accident caused compensable damages. 

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

Pedestrians who survive accidents involving cars, trucks, buses, motorcycles, or other vehicles often suffer serious Injuries.  Pedestrians have no protection if a vehicle crashes into them. 

Motorists have seatbelts and airbags, motorcyclists and bicyclists often wear helmets and other protective and safety gear, but pedestrians have nothing to lessen the force of the impact. 

Most victims of pedestrian accident require months or even years of intensive medical treatment and rehabilitation before they recover. 

COMMON CAUSES OF PEDESTRIAN ACCIDENTS. 

 Government agencies work diligently to ensure pedestrian safety by reducing speed limits and introducing stricter traffic laws, yet accident numbers continue to rise.  Some major factors that contribute to pedestrian accidents are:- 

  • Driving under the influence of alcohol or drugs. 
  • Distracted drivers or pedestrians. 
  • Falling asleep while driving. 
  • Speeding. 
  • Recklessness. 
  • Bad weather conditions. 
  • Failure to obey traffic rules. 
  • Roadways in a bad condition. 
  • Construction zone. 
  • Pedestrians not using crosswalks to cross roads. 
  • Pedestrians wearing clothes of darker colors at night. 

TYPES OF INJURIES SUSTAINED IN PEDESTRIAN ACCIDENTS. 

Most common pedestrian accident injuries are :- 

  • Broken bones and Fractures.
  • Facial injuries .
  • Spinal injuries/ paralysis.
  • Loss of limbs and amputations.
  • Road Burns/Scarring
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Death.

     

STATUTE OF LIMITATIONS FOR FILING A PEDESTRIAN ACCIDENT CASE IN FLORIDA 

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

COMPENSATION FOR VICTIM OF A PEDESTRIAN ACCIDENT IN  MIAMI. 

Our Miami pedestrian 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. 

If the victim of a pedestrian accident owns a car and has Florida’s mandatory Personal injury Protection (PIP) insurance, his or her injuries and lost wages will be covered up to $10,000.  If the victim of the pedestrian accident does not own a car, then the at fault party’s PIP insurance will cover the damages and costs.  In most cases, this Insurance is not sufficient to cover the victim’s total amount of accident related expenditure.  

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.  

 Our attorneys help victims recover:- 

  • MEDICAL EXPENSES. –  A Victim of a pedestrian accident is entitled to recover medical expenses which include current expenses as well as projected future medical costs. 
  • LOST WAGES. – If the Victim had to miss work while recovering from the accident, he or she is entitled to receive wages for the period of time he or she was absent from work. 
  • POTENTIAL FUTURE EARNINGS – If the Victim is unable to return to work at the same hours or on same pay or even to do same tasks, he or she is entitled to receive compensation for future loss of earning capacity. 
  • OTHER DAMAGES – Victim is entitled to claim damages for the pain and suffering, mental distress, physical pain and loss of enjoyment of life.  

WHY HIRE KAIRE & HEFFERNAN ? 

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

Our pedestrian accident attorneys compile evidence to support and substantiate a pedestrian accident claim.  Our team recreates accident scenes, collects witness statements, investigates the driving history of the at fault driver and reviews traffic camera footage, if available.   

Our team of Miami pedestrian accident lawyers are skilled negotiators and dynamic litigators who know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.   Our team will:- 

  • Identity potential defendant/s. 
  •  Gather accident reports, medical records. 
  • Document all of the victim’s medical treatment. 
  • Seek compensation from the liable parties. 
  • Stand up to insurance companies and force them to consider a victim’s claim seriously. 
  • Consult with leading pedestrian injury experts to determine what victim’s claim is worth. 
  • Advise the victim so he or she can make informed decisions. 

CONTACT A MIAMI PEDESTRIAN ACCIDENT LAWYER. 

If you or your loved one has been injured due to the carelessness or negligence of any of the following : 

  • Driver of a passenger vehicle. 
  • Bus driver. 
  • Motorcyclist. 
  • Manufacturer of a defective vehicle or product, or a 
  • Government agency. 

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

How To Prepare For A Safe Summer Road Trip

August 10, 2020 in /by

Every summer sees an increase in packed cars and RVs on the road, full of families off on their summer vacation road trips. This number may increase this summer as families search for ways to safely leave their homes during COVID-19. Road trips are adventures that build memories for families, but accidents can happen. Prevent mishaps and injuries by preparing for your trip with safety in mind. 

Get Your Car Ready 

Your car will play a big role in keeping your trip safe and on schedule. Before you take the trip, you should give your car a thorough inspection. Schedule necessary maintenance such as oil changes or a tune-up. 

When looking over your car, be sure to check: 

  • Windshield wipers 
  • Fluids 
  • Tires 
  • Battery 
  • Brakes 

    Make necessary fixes or replacements or take your car to your mechanic to have the necessary services performed. Taking the time to get your car ready can prevent breakdowns or accidents. 

    Pack Your Car 

    When packing your car, you should think about what you’re packing, as well as the way you’re packing it. Be sure that you have a spare tire for your car, as well at the correct tire iron and a jack. If you have to pull over after getting a flat tire, be aware of the space you place between your car and traffic on the road. Many individuals out of the cars on the side of the road have been struck and injured or killed in the past. In fact certain portions I-95 do not have an emergency shoulder, as the emergency lane was re purposed for a profit generating express lane. You may also consider purchasing a road safety kit, which contains items like a reflective vest, a flashlight, jumper cables, and other tools to help get you back on the road. Don’t forget to pack a basic first-aid kit as well. 

    When packing your car, take into account your car’s weight limit and where the weight is in the car. Heavy items should be loaded close to the floor, and roof racks or roof-mounted cargo containers should only be used to carry lightweight, bulky items. Placing too much weight on the roof of your car can change the way it handles and increase the risk that you will lose control or roll over. It is also important to pack emergency supplies and tire changing tools where they can easily be reached if needed. 

    Unloading your entire car on the side of the road probably isn’t your idea of a good vacation memory. Make sure that maps or GPS devices, drinks, snacks, entertainment, and coats are where they can easily be reached during the trip. 

    Drive Safely 

    The final way to prevent accidents on your trip is to observe safe driving habits. Reduce distractions and ask a passenger to take care of the maps, music, or snacks. Always wear a seat belt and follow the rules of the road. Stop for gas before you get too low and take stops to stretch and move around to reduce soreness or strain from the drive. Keep your speeds low and allow plenty of space when navigating unfamiliar highways. If driving at night, in poor weather, or in traffic, be sure to reduce your speed as well. 

    Vacations should always be worry-free, and a little preparation can help keep yours that way. Keep your trip safe and fun by following these tips to prevent car accidents. If you are injured, however, an experienced Miami personal injury attorney can help you fight for your right to compensation. 

    At Kaire & Heffernan, we hope that your summer trips are always safe and injury-free. If you or a loved one is involved in an accident, you can trust that our Miami personal injury attorneys will be there for you. We can help you devise a strategic plan to recover the damages you deserve, and our caring team offers personalized client service to suit your needs

Miami Motorcycle Accident Lawyer

August 7, 2020 in /by

Florida holds the dubious distinction of being the state with the highest number of motorcycle fatalities in the country.  Every year more than 8000 motorcyclists are injured in accidents in the state. 

A motorcycle rider injured in an accident must first seek proper medical treatment and then enlist the services of an experienced motorcycle accident lawyer in Miami to help him or her overcome the legal hurdles that he or she might face following a crash.  An experienced Miami Motorcycle Accident Lawyer guides a victim through the following stages in a motorcycle accident case.:- 

STAGES IN A MOTORCYCLE ACCIDENT CASE. 

  • INVESTIGATION. 

An experienced Florida Motorcycle Accident Attorney will conduct an in depth investigation to determine whether the facts and circumstances genuinely support a claim for damages.  The lawyer will seek to address the following questions:- 

  1. Which of the party/parties were at fault. 

    Determining who was at fault can be very difficult.  The insurance company of the opposing party will attempt to transfer the blame on the victim for causing or contributing to the accident. 

  2. Were injuries sustained, and if so, were they caused by the accident? 

    It is vital to document injuries caused by the accident.  Injuries are documented by collecting and studying medical records, medical bills, doctor’s evaluation etc. 

  3. Is there insurance available to provide adequate compensation? 

    A Motorcycle Accident Lawyer will seek to identify all potential sources of compensation for a accident victim.  The lawyer will evaluate insurance coverage of the at fault parties and ascertain other possible sources of insurances available to the victim such as personal injury protection and health insurance. 

  • SENDING DEMAND LETTER WITH COMPILATION OF DOCUMENTS TO INSURANCE COMPANY. 

    The lawyer sends a demand letter to the insurance company to notify of the victim’s claims.  A demand letter is drafted professionally and precisely by the lawyer and is supported by necessary documents which contain:- 

    1. A summarized list of all the facts and information regarding victim’s claim. 
    2. Victim’s rationale explaining the liability of the at fault party. 
    3. Detailed description regarding the medical treatment undergone by the victim and the expenses incurred. 
    4. Detailed description of all income lost. 
    5. Detailed description of all types of damages and losses sustained. 
    6. A demand for a compensation amount to resolve the claim. 
  • NEGOTIATIONS. 

    After intensely scrutinizing the claim made by the victim in the demand letter, the insurance company may:- 

    • ACCEPT DEMAND. 

      In this  scenario,  insurance company accepts the demand and agrees to the compensation claimed in the demand letter.  Such a thing rarely happens as Insurance companies always indulge in negotiations to bring down the claim made by the victim. 

    • COUNTER OFFER MADE BY THE INSURANCE COMPANY. 

      The insurance company offers the victim an amount less than what he or she had asked for in the demand letter.  The victim decides to accept such an offer, or continue negotiations or file a lawsuit after consulting his lawyer. 

    • INSURANCE COMPANY DENIES CLAIM. 

      The insurance company may deny the claim outright and refuse to pay. 

  • LAWSUIT. 

    In the event of a victim rejecting the offer of the insurance company or the insurance company denying the claim of the victim outright, the victim through his lawyer files a lawsuit. 

  • MEDIATION. 

    In Florida, all accident cases are ordered to mediation by the presiding Judge assigned to conduct the trial.  In mediation, a neutral mediator, usually a retired Judge or a lawyer, assists the parties to amicably settle issues and differences in the case.  

    The mediator helps the parties to reach a mutually agreeable solution.  A mediator generally does not render a decision.  If parties reach a settlement, insurance company will transfer the agreed upon amount to the victim who in turn will dismiss the lawsuit. 

    If parties are unable to reach a settlement,  the case will go to trial. 

  • TRIAL. 

    The case will be conducted before a jury and a judge .   

    Phases of a trial are as follows:- 

    • Jury selection. 
    • Opening statements. 
    • Witness testimony. 
    • Closing arguments. 
    • Instructing the jury. 
    • Deliberations and 
    • Verdict. 

      A jury verdict is unpredictable and this reason motivates parties to settle a case and not leave the outcome in the hands of a jury. 

Lawsuits are an expensive proposition and litigating parties face mounting legal costs. 

A party unhappy with a verdict can seek to Appeal if there is sufficient legal basis for it. 

Florida requires motorcycle riders to take a basic rider course and to get a proper license, or an endorsement added to their existing driver’s license. 

A 2018 report from the National Transportation Safety Board found that 64% of motorcycle related accidents were caused due to a negligent act of another vehicle driver and not due to the fault of a motorcycle rider. 

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 motorists such as car drivers, truck drivers and motorcycle riders owe a duty of care towards other riders, drivers, passengers, pedestrians and others on the roadways. 

  • The Defendant breached his or her duty of care. 

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

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

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

  • The accident caused compensable damages. 

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

COMMON CAUSES OF MOTORCYCLE ACCIDENTS/CRASHES: 

 Some major factors that contribute to motorcycle accidents are:- 

  • Inexperienced riders. 
  • Riding under influence of drugs or alcohol. 
  • Distractions (Texting, eating or talking on a cellphone.). 
  • Speeding. 
  • Failure to obey traffic rules. 
  • Tailgating. 
  •  Lane splitting. 
  • Poor weather and road conditions. 
  • Failing to wear or improper use of protective gear (helmets, leather clothing). 

TYPES OF INJURIES SUSTAINED IN MOTORCYCLE COLLISIONS/ CRASHES. 

Motorcycle accident injuries vary from person to person, and from crash to crash.  Most common motorcycle accident injuries are :- 

  • Broken bones and Fractures.
  • Injuries to the chest.
  • Leg and knee injuries.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Scarring.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Wrongful death.

STATUTE OF LIMITATION FOR FILING A MOTOR CYCLE ACCIDENT CASE IN FLORIDA 

There are specific time limits, restrictions and rules for filing a accident claim.  An experienced motorcycle accident lawyer ensures that a victim fully understands the Federal, State and Local laws that might apply to his or her case.  Florida statute of Limitations for motorcycle 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 Miami motorcycle accident lawyer.  Sufficient time is necessary to collect evidence to establish the defendant’s liability.  Numerous records have to be collected and opinion of experts has to be sought.  

Motorcycle accident cases must be filed at the earliest as these cases rely heavily on witness statements.  After a few weeks, witnesses tend to forget details about the accident.  

COMPENSATION FOR VICTIM OF A MOTORCYCLE ACCIDENT IN  MIAMI. 

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

Several states will not allow a person to recover damages if he or she contributed to, or is more than 50% responsible for his or her own injuries.  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.  In Florida, the median hospital bill for a injured motorcyclists is approximately $47,000. 

Our Miami motorcycle Accident lawyers help victims recover compensatory damages mentioned below:- 

ECONOMIC DAMAGES. 

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

NON-ECONOMIC DAMAGES. 

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

Punitive damages can be sought too.  For a case to qualify for punitive damages, the victim will have to prove that the at fault party’s conduct was malicious, wilful and reckless.  

DETERMINATION OF FAULT IN A FLORIDA MOTORCYCLE ACCIDENT. 

Florida is a no fault state, which means that in the event of an accident, riders have to turn to their own vehicle insurance for coverage.  It means each person’s insurance company pays for their own client’s accident expenses.  Who was responsible for the accident is not taken into consideration. 

WHY HIRE KAIRE & HEFFERNAN ? 

Our qualified and experienced Miami Motorcycle 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 motorcycle accidents in Miami and all across Florida. 

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

Our team of Miami motorcycle 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 MOTORCYCLE ACCIDENT LAWYER. 

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

Miami Workers Compensation Overview

July 28, 2020 in /by

The Workers’ Compensation laws are designed to provide payment of wage loss benefits, medical cost coverage and other benefits for those employees who have been injured at work. The two main purposes of Workers’ compensation laws are to ensure employees receive prompt payment of benefits from workplace injuries and to prevent lawsuits against employers when employees are injured.

Workers’ Compensation laws are in place to make the employer strictly liable for injuries sustained in course of employment.  The injury must arise in course and scope of employment for a valid claim, and an employer – employee relation must exist.

If you or any of your loved ones has been injured in a workplace accident, it is important to know how the process of Workers’ Compensation works from the moment an employee is injured. Given below are the various stages in a workers’ compensation claim:

  • SEEK MEDICAL TREATMENT.  

The number one priority should always be the health of the person injured in a workplace accident. Employee should seek treatment from a health care provider authorized by his employer and employer’s Workers’ Compensation insurers (or Carriers).  If it’s an emergency, injured employee should seek treatment at the nearest clinic or hospital.

  • REPORT THE INJURY TO EMPLOYER.

    It is important for the injured employee to report the injury to his or her employer within 30 days of knowing that he or she suffered a work-related injury. Failure to duly report can result in denial of benefits.  The entire process is set into motion once the injury is reported.

     

  • EMPLOYER REPORTS INJURY TO HIS INSURANCE COMPANY (CARRIER).

    The employer has to report of the injury sustained by the employee to its insurance company within seven days after receiving employee’s report.  This is called the first report of Injury or illness, or accident report.

     

  • INSURANCE COMPANY (CARRIER) SENDS BROCURE OR PACKET TO THE INJURED EMPLOYEE.

    The insurance company, within three days of receiving the first report of injury sends accident report to the injured employee along with information about his or her rights.

     

  • INSURANCE COMPANY (CARRIER) ACCEPTS CLAIM.

    The insurance company should issue the first benefit check within 21 days after the injury is reported.  The amount of compensation depends on whether the employee is entitled to temporary total disability (TT) or temporary partial disability (TP) benefits. 

    The employee should continue to receive checks bi-weekly until he or she returns to work or until 104 weeks have passed. If employee reaches Maximum Medical Improvement (MMI), he or she must receive a permanent impairment rating.

     

  • INSURANCE COMPANY (CARRIER) DENIES CLAIM.

    The Insurance company must notify the employee of its decision to deny benefits within 120 days of the injury being reported. 

    The employee can make efforts to resolve with the insurance company.

     

  • EMPLOYEE FILES PETITION FOR WORKERS’ COMPENSATION BENEFITS.

The employee can enlist the services of a qualified and competent Miami Workers’ compensation lawyer who possesses in depth knowledge and experience to assist and guide the employee to navigate through complex and confusing workers’ compensation laws. 

COMMON TYPES OF WORKPLACE ACCIDENTS.

 Some common types of workplace accidents are:-

  • Electrocutions.
  • Falls from heights.
  • Construction site accidents.
  • Crane accidents.
  • Warehouse accidents.
  • Falling objects.
  • Power tool accidents.
  • Vehicle accidents.

TYPES OF INJURIES SUSTAINED IN WORKPLACE ACCIDENTS.

Most common workplace accident injuries are :-

  • Head Injuries.
  • Broken Bones and Fractures.
  • Burn injuries.
  • Spinal Cord damage.
  • Sprains and bruises.
  • Dislocations.
  • Loss of limb and Amputations.
  • Permanent Partial Disability.
  • Permanent Total Disability.
  • Wrongful Death.
  • Lower Back Injuries
  • Neck Injuries

STATUTE OF LIMITATION FOR FILING A WORKERS’ COMPENSATION PETITION FOR BENEFITS IN FLORIDA

There are certain specific time limits, restrictions and rules for filing a workers’ compensation petition for benefits.  An experienced Miami Workers’ compensation lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  Florida statute of Limitations for workers’ compensation is two years after the accident occurred. In general terms, residents of Florida have two years to file a petition for benefits from the date of the accident and one year after the last date of received benefits.

THIRD PARTY NEGLIGENCE.

In addition to Workers’ compensation, a workplace injury victim is entitled to pursue a legal claim against a negligent third party responsible for his or her injuries. In Florida, a competent Miami Workers’ Compensation Lawyer will explore whether a third party’s negligence contributed to a worker’s injury or illness.

If the negligence of a property owner, product manufacturer, an onsite vendor or a subcontractor contributed to a worker’s occupational injury, a third party negligence claim could result in additional compensation for the injured worker.

Workers’ Compensation benefits are limited and may not provide enough money necessary for recovery from severe injuries.  A third party negligence claim can seek compensation for:-

  • Medical Expenses.
  • Property damage.
  • Pain and suffering.
  • Wrongful death.

COMPENSATION FOR VICTIM OF A WORKPLACE ACCIDENT IN  MIAMI.

Our Miami Workers’ Compensation lawyers represent the interests of the injured workers at hearings, trials, mediations, arbitrations, proceedings and also negotiate settlements on their behalf.

Workers’ compensation pays for all medical care that is necessary to treat a work-related injury or illness.  The treatment should be authorized by the insurance company and prescribed by a doctor of the choice of the insurer (carrier).  The injured worker is entitled to receive cost of travelling to and from doctors’ appointments and to get prescribed medicines.

In most cases, a benefits check accruing to a injured worker is paid bi-weekly and is two-third (66.7%) of average weekly wage.  If an employee is injured at work, various costs are incurred which are covered by Workers’ Compensation.  These costs are:

  • Hospital or other ongoing medical bills.
  • Lost wages.
  • Ambulance transportation.
  • Disability payments.

If an employee dies as a result of a work-related accident within one year from the date of the accident or within five years of continuous disability, the family of the deceased employee could be entitled to:

  • Up to $7,500 to cover funeral expenses.
  • Education benefits to surviving spouse.
  • Up to $150,000 in compensation to dependents of the deceased.

WHY HIRE KAIRE & HEFFERNAN ?

Our team of Workers’ Compensation lawyers in Miami have a thorough understanding of federal and state Occupational Safety and Health Administration (OSHA) Regulations and how they are to be applied in workplace accidents. 

Our team ensures that petitions are filled accurately and filed within the stipulated time. Our Miami Workers’ Compensation Attorneys know how to obtain and review medical records.  Our experienced lawyers investigate how an accident occurred or how an illness arose.

Our team of Miami Workers’ Compensation lawyers know how to effectively deal with Insurers (Carriers) whose objective is to limit the injured workers’ compensation to the lowest possible amount by using underhanded tactics and by taking advantage of loopholes in the Claim petition or in prevailing laws.

CONTACT A MIAMI WORKERS’ COMPENSATION LAWYER.

If you or your loved one has been injured in a workplace accident, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced workers’ compensation Lawyer at our firm for a free case evaluation right away.

Bicycle Safety Tips

July 22, 2020 in /by

In recent decades, riding a bicycle has evolved into more than just a recreational activity for Miami residents. Many choose to use a bike as their primary mode of transportation, especially over reasonably short distances. For example, biking to work or school is now commonplace in many Florida communities.

Even though all who use roads and sidewalks share in the responsibility to keep each other safe, motor vehicle accidents affecting cyclists occur all too often. Seeking a legal remedy is your right after suffering injuries in a crash caused by someone’s negligence. However, most residents agree that avoiding a crash altogether is the best approach to remain injury-free. The tips below can help you stay safe from collisions while biking in Miami.

  • Slow down and look in all directions for traffic when crossing streets and intersections
  • Always ride your bike in the same direction as traffic
  • Avoid using devices like phones and music players while biking
  • Make sure people in vehicles can see you by waving or making eye contact
  • Obey all traffic laws to increase your safety and clear you of blame if a crash occurs
  • Improve your visibility while biking at night by wearing bright and reflective clothing

     

    If you suffer severe injuries from a motor vehicle accident while riding your bicycle, consider reaching out for legal guidance. This step helps you acquire significant financial compensation to manage your injuries properly and get back to your way of life as quickly as possible. Calling out another party’s negligent actions by filing an injury claim can also help others like you avoid suffering a similar fate.

     

    For More Information and a Free Consultation if you have been injured in a Miami Bicycle Accident please don’t hesitate to reach out to our experienced Miami Bicycle Accident Lawyers today!

Miami Slip and Fall Lawyers

July 20, 2020 in /by

Over one million people suffer significant injuries from slip and fall accidents in the United States.  These injuries can alter the injured person’s entire life, can cause loss of employment, loss of mobility, enormous medical bills as well as permanent pain and suffering.

Only automobile accidents rank above slip and fall accidents as causes of accidental deaths in the Country.  Businesses have a legal obligation to make sure their premises are free from harm and in a reasonably safe condition for customers and guests.

If a person is injured or seriously hurt after slipping, tripping or falling on someone else’s property because of the owner’s negligence, the injured person is entitled to receive compensation for medical bills, time he or she was off work and even for pain and suffering.

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

  • SEEK MEDICAL TREATMENT.  

The number one priority should always be the health of the person involved in a slip and fall accident.  It is important not only to get urgent treatment, but also to get injuries evaluated and documented.  In future lawsuits, medical records are valuable evidence.

  • REPORT THE ACCIDENT.

    It is important to report the accident irrespective of where it occurred.  Whether in a store, a parking lot, on a sidewalk or even if its at the residence of a friend, it is necessary to report the incident to the manager, owner or landlord.  Seek written report that details the unfortunate incident. 

  • PROPER DOCUMENTATION.

    It is important to collect names, addresses, phone numbers and email addresses of all potential witnesses. These witnesses offer valuable insight into how the Victim fell, causes of the accident, the nature of injuries suffered.  Photographs and videos are pursuasive evidence of the conditions that may be prevailing at the time of the accident.  Injured parties should take photographs of his injuries too. It is essential to put away the shoes and clothes that were worn by the injured person in safe storage.

     

  • MAINTAIN CALM AND COMMUNICATION SHOULD BE LIMITED.

    The Injured person should refrain from posting pictures or videos of the accident on social media.  He or she should refuse to give statements to insurance companies, instead should hire an experienced Miami slip and fall lawyer and let the lawyer deal with them.  The injured person should not blame anyone and also shouldn’t take blame for the accident.  Admitting any part of the blame upfront can undermine a future lawsuit.

  • CALL EXPERIENCED SLIP AND FALL ATTORNEYS IN MIAMI.

Slip and fall accident cases are complex and hard to prove.  Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex and confusing slip and fall accident laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of slip and fall accidents in Miami and all across Florida.

COMMON CAUSES OF SLIPS AND FALLS:-

 Some major factors that contribute to slips and falls are:-

  • Wet, Icy or Waxed floors.
  • Inadequate Lighting.
  • Sidewalk defects.
  • Holes in floors or pavements.
  • Warning Signs not posted on known hazards or construction areas.
  • Spilled substances on floors.
  • Uneven floors.
  • Loose steps and hand rails.
  • Elevators and Escalators.

TYPES OF INJURIES SUSTAINED IN SLIP AND FALLS.

Most common slip and fall accident injuries are :-

  • Head Injuries.
  • Broken Bones.
  • Hip fractures.
  • Scarring.
  • Spinal Cord damage.
  • Sprains.
  • Bruises.
  • Dislocations.
  • Wrongful Deaths.

STATUTE OF LIMITATION FOR FILING A SLIP AND FALL ACCIDENT CASE IN FLORIDA

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

It is in the best interests of the plaintiff to enlist the services of an experienced slip and fall accident lawyer without any delay.  Sufficient time is necessary to collect evidence to establish the defendant’s liability.

A Florida slip and fall accident case always hinges on whether the property owner knew or should have known of the negligent condition.   Various witnesses have to be traced and interviewed.  Numerous records have to be collected and opinion of experts has to be sought.  Having the option of going to Court always gives an added leverage during settlement talks.

COMPARATIVE NEGLIGENCE.

In Florida, the property owner is bound to argue that the victim should bear some amount of blame for the accident. Florida has a “ Pure Comparative Negligence “ rule.   Under this rule any damages awarded to a plaintiff will be reduced according to the percentage of his or her fault in the accident.

Proof of plaintiff negligence will not bar a claim entirely,  but it could reduce the amount of overall compensation awarded.  It is the responsibility of the defendant to prove Comparative Negligence.  The property owner must prove that the plaintiff did not demonstrate reasonable care and he or she was responsible for injuries sustained.  Some common arguments put forward by defendants in slip and fall accident cases to establish Comparative Negligence are:-

  • Victim was on a part of property that he or she had no right to be on.
  • Victim was not paying sufficient attention.
  • Victim ignored warning signs about conditions.
  • Victim did not wear appropriate footwear.
  • Condition was open and obvious.

COMPENSATION FOR VICTIM OF A SLIP AND FALL ACCIDENT IN  MIAMI.

Our Miami Slip and Fall Accident lawyers seek to get maximum compensation for the victim of a slip and fall accident.

Our attorneys help victims recover:-

  • MEDICAL EXPENSES. –  A Victim of a slip and fall accident is entitled to receive medical expenses which include current expenses as well as projected future costs.
  • LOST WAGES. – If the Victim had to miss work while recovering from the accident, he or she is entitled to receive wages for the period of time he or she was absent from work.
  • POTENTIAL FUTURE EARNINGS – If the Victim is unable to return to work at the same hours or on same pay or even to do same tasks, he or she is entitled to receive lost future income.
  • OTHER DAMAGES – Victim is entitled to claim damages for the pain and anguish, mental distress, physical pain and loss of enjoyment of life. 

If a victim of a Slip and Fall accident has passed away, his family can recover compensation through a wrongful death claim.  The compensation in such instances includes medical expenses up until the Victim’s death, funeral costs, loss of income etc.

WHY HIRE KAIRE & HEFFERNAN ?

Our team of slip and fall lawyers in Miami are experienced at collecting and protecting evidence. They know how to obtain and review medical records and have access to experts in accident reconstruction who explain how the accident occurred based on injuries suffered by victims.  Opinions of Medical experts is sought to explain severity and duration of the injuries.

Our team of Miami slip and fall accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendants whose objective is to limit the injured person’s compensation to the lowest possible amount.

CONTACT A MIAMI SLIP AND FALL LAWYER.

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