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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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Swimming Pool Accident Lawyers

July 8, 2020 in /by

Every year, over five hundred children under the age of ten drown in preventable swimming pool drownings, and thousands more go to hospital emergency rooms with catastrophic brain or spinal cord injuries caused by serious hypoxia or blunt force trauma experienced in a preventable swimming pool accident. Last year, over 60,000 people in the United States required emergency room treatment for injuries sustained in swimming pool accidents, such as when falling off of malfunctioning swimming pool slides or broken diving boards or when diving into too-shallow water. The numbers are staggering; some experts have noted that a swimming pool at a house is statistically one-hundred times more likely to cause a fatal accident than even a handgun at the house.

A person can drown in less than 2 inches of water and sustain brain damage from submersion for only a minute or two. During the summer season, there are approximately ten water-related deaths per day. According to the Centers for Disease Control and Prevention (CDC), more than 1 in 4 fatal drowning victims are children aged 14 and younger. For every child who drowns, another four receive medical treatment for non-fatal submersion and brain injuries.

Many Swimming Pool Accidents Are Caused By Negligent Supervision

The CDC has determined that the major risk factors for swimming pools accident and other drownings are a lack of barriers to a pool or spa and insufficient supervision. Most children who drown in pools were last seen in the home, were in the care of one or both parents, and had been out of sight for less than five minutes. With adult or adolescent deaths, alcohol is often a factor, because it impairs balance, coordination, and judgment. In the summer months, sun exposure, heat, high light levels, and dehydration all exacerbate the effects of alcohol, making it an even more dangerous mixture with water-based activities like swimming and boating.

Many Swimming Pools Have Unsafe And Illegally Dangerous Drains

Apart from negligence pool supervision or reckless behavior, many swimming pool accidents are caused by defective and dangerous equipment. On December 19, 2008, the Virginia Graeme Baker Pool and Spa Safety Act, a federal law designed to prevent the tragic and hidden hazard of drain entrapment in pools and spas, became effective. The Pool and Spa Safety Act requires installation of anti-entrapment and drain covers and other safety systems. In particular, all public pools and spas must have an ASME/ANSI A112.19-8-2007 compliant drain cover installed and have a second anti-entrapment system installed when there is only one single main drain.

For More Information and a Free Consultation Call our Miami Personal Injury Lawyers Today!

Dental Malpractice Overview

July 4, 2020 in /by

Dental malpractice can occur when a dental patient is harmed through the provision of sub-standard care. Just as medical doctors can be held liable for medical negligence, so can dentists

In order to make a successful case for dental malpractice, an injured patient and their attorney will need to establish the following:

  • the existence of a dentist-patient relationship
  • the appropriate medical standard of care under the circumstances
  • how that standard of care was breached, causing harm to the patient, and
  • the nature and extent of the patient’s injury.

The first element — whether there was a dentist-patient relationship — is typically not disputed as there are typically payments made and appointments kept.

The second consideration, the “medical standard of care,” means the level and kind of care that a skilled dentist in the community would have provided under the same circumstances. This is almost always established by a qualified expert medical witness who has been retained by the plaintiff’s attorney. This expert is usually a health care professional who has experience with the kind of procedure that is the subject of the lawsuit. So, if you are suing your dentist over complications from a tooth extraction, the expert witness would be a dentist who has performed this procedure in the past.

The “breach” and “causation” elements are essential. A plaintiff must prove that the health care provider caused the injury or made an existing condition worse by his or her action or lack of an appropriate action. Testimony from a qualified expert medical witness is critical to establishing causation. What steps should the dentist have taken in treating the patient? What steps were actually taken? How did those steps cause or contribute to the patient’s harm?

It is also important to consider the seriousness of the “injury” before filing a lawsuit. If the injury is minor (such as temporary pain and discomfort), then, even if it was caused by malpractice, it may not be worth the time and expense of a lawsuit.

It is necessary to obtain an affidavit from a health care practitioner saying that the lawsuit has merit before the presuit process can begin and before a lawsuit can be filed. A  Miami personal injury attorney will be familiar with any and all procedural requirements that must be met in order to bring your case to court.

Prior to filing a lawsuit, the parties must complete the pre-suit process. This is a 90 day period during which the Plaintiff provides a Notice of intent and an affidavit from a expert medical provider that is licensed in the same medical specialty(in this case that provider must be a dentist). The parties will then exchange discoverable information and both parties have the right to take unsworn statements.

If the parties do not settle the case at the conclusion of the pre-suit period, then the Plaintiff can file a lawsuit.

The lawsuit officially begins once a complaint has been filed with the court. The defendant dentist then has 20 days to respond to the complaint. 

The parties then exchange discovery, which includes documentation such as the patient’s dental records, records of any subsequent treatment, and evidence of the treatment costs incurred by the plaintiff and/or his or her dental insurer.

Discovery also includes testimony from the plaintiff, the defendant, and any other fact witnesses. Expert testimony is also taken. Expert witnesses can be dentists who evaluate the patient’s records, or experts who testify about the financial harm the plaintiff suffered as a result of the sub-standard care.

If the case does not settle out of court, and is not dismissed by the court, then it will proceed to trial.

Some of the more common scenarios of dental malpractice include:

  • improper extraction of teeth
  • failure to diagnose various conditions
  • failure to properly treat complications of care
  • failure to properly supervise or oversee actions of employees
  • wrongfully administered anesthesia
  • failure to refer to a specialist, and
  • lack of informed consent.

Our law firm recently settled a case for the dentist policy lints($1,000,000.00) where the defendant dentist failed to diagnose and treat an infection. This lead to osteomyelitis and removal of the patient’s jaw.

One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all important communication between the dentist and patient. Comprehensive documentation also includes:

  • a copy of the written informed consent for any procedures that were done
  • a clear record of the patient’s history
  • a clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and
  • notes written at or near the time of the patient’s treatment.

Keep in mind that many people will examine the dental record if there is a lawsuit. Missing pages, inconsistencies, or unclear documentation will be problematic for the defense. In the case discussed above we also hired a handwriting expert and determined the doctor altered his chart.

For More Information please call our Miami Personal Injury Lawyers today.

   

Miami Spinal Cord Injury Lawyer

June 24, 2020 in /by

Spinal cord injuries are some of the most severe personal injuries we can experience. These injuries can cause paralysis and loss of sensation below the site of the injury.

There are a variety of causes of spinal injuries, including bullet or stab wounds, traumatic injury, diving accidents, electric shocks, extreme twisting, sports injuries, and slip and fall accidents. A serious spinal injury can be a radically life-changing event in an individual’s life.

If you or a loved one has experienced a serious injury to your spinal cord as the result of another person’s negligence it is important that you contact a Miami Spinal Cord Injury Lawyer as soon as possible.

There are many ways the spinal cord can be injured, including paralysis injuries, but spinal cord injuries are broadly divided into two categories: complete and incomplete.

  • Incomplete spinal cord injuries: These account for more than 60 percent of spinal cord injuries. With incomplete injuries, the spinal cord is only partially severed. Some function is retained below the site of the injury.
  • Complete spinal cord injuries: As you’d expect, complete injuries are those that completely sever the spinal cord. These injuries eliminate all function below the site of the injury.
    These are only the broadest categories of spinal cord injuries. These injuries are also differentiated by where the spine was injured (front, back, middle) and the patterns the paralysis takes quadriplegia, paraplegia, etc.

    Spinal cord injuries are also categorized in terms of their level. The level of a spinal cord injury measures which of the vertebrae has been injured. The injury level specifies which portion of the cord (cervical, thoracic, or lumbosacral) has been injured, as well as which particular vertebra has suffered the injury.

    In this naming and numbering system, the higher the number of the vertebra, the lower down the back it is located. The C1 (first cervical vertebra) is the first vertebra of the neck, for example. If you have suffered an injury, your doctor will give you more detailed information about which specific vertebrae are damaged. Be sure to ask questions, or have a patient advocate present to ask questions on your behalf. You will want to understand details of your injury to understand it, and to understand how you will live with your injury after your initial trauma heals.

    Treatment for spinal cord injuries will vary significantly depending on the nature of the injury, but you can be sure it will involve at least a few of the following:

  • Physical therapy to strengthen the area that has been injured
  • Surgery, whether to remove an object or body part that penetrated the spinal cord or to limit movement in the spinal column
  • Steroid injections, to reduce inflammation
  • Short-term use of a ventilator or feeding tube if the injury prevents easy breathing or eating
  • Lifestyle changes (quitting smoking, switching to a healthier diet, etc.)
  • Family and individual counseling.

    A severe spinal cord injury is a major change in the life of the person who receives the injury, but it is also a serious shift in the lives of an individual’s family and close friends. A free-spirited individual may suddenly find himself needing help from others to do even the most basic things. Family members may suddenly find themselves in the role of caretaker for an injured family member.

    These sudden changes are one of the reasons why many families seek counseling after one of their members experiences a severe spinal injury. In some cases, this counseling may go on indefinitely.

    Treatment for spinal cord injuries is involved and extensive. Even in the most treatable injuries, an individual is likely to need treatment for the rest of his or her life. This fact alone is partially responsible for the high medical costs involved in spinal injuries.

    The financial costs of spinal cord injuries are more than most people can afford. A partially paralyzed person can expect to incur more than $100,000 in medical expenses during the first year. A fully paralyzed person may incur more than $400,000 in expenses during that first year.

    Those are medical expenses alone. They do not include regular costs of living or lost wages due to being unable to work. Most individuals who suffer from spinal cord injuries are not able to work as much or as effectively as they did before… if they are able to work at all.

    It is important to note that these costs are the estimated expenses for the first year alone. A spinal cord injury is a lifelong injury that will require care and attention for the rest of the individual’s life. This means medical billings will be frequent, and it is not impossible that the costs will rise over time. With lowered income and increased costs, many individuals who experience spinal cord injuries are unable to afford to cover their new expenses. This means legal action is often a necessity.

     
    Financial compensation is meant to make up for such costs as hospitalization, medical care, at-home caregivers, rehabilitation, psychiatric care, home modifications, special vehicles, lost wages, expenses not covered by insurance, travel expenses for medical care, family support services, and funeral expenses.

    If you or a loved one has suffered a spinal cord injury, you will need legal help to get the funds to help you move forward with your life after the injury. We understand what you are going through in this time, and we will do all we can to make the process easier for you.

     
    If you or a loved one has suffered a spinal cord injury as a result of someone else’s negligence, you may be eligible for compensation. In addition, in the case of a severe and expensive injury like this, you are likely to need it.

    One of the first ways an injury lawyer can help you is by finding the negligent party. In a car crash where the other driver was not paying attention, it is obvious who the negligent party is. But in other cases, you may need to speak to a spinal cord injury lawyer before you can find the party responsible for your accident.

    Many personal injury cases settle out of court. Of course, it’s always up to you whether you will accept a settlement offer or not, but an experienced attorney can offer you valuable guidance and let you know whether you’re getting a good offer from the insurance company (or whoever the negligent party might be). Many individuals who suffer a spinal cord injury are unable to work the way they did before the accident. That means it is crucial to get as much as your claim is worth. The right attorney can help you do that.

    Let us help you determine if a spinal injury you or a loved one suffered in an accident may qualify for compensation under a personal injury claim. We know all too well the upheaval serious injuries cause to daily life, and to prospects for the future. If you have suffered injury or lost a loved one, we can help. 

Wrong Medication Miami Medical Malpractice Lawyers

June 23, 2020 in /by

You rely on your prescription medication to treat your illnesses, injuries, and other ailments. For as much good as prescription medication can do, though, just as much harm can be done if you are prescribed the wrong medication. Doctors need to be aware of the dangers that the wrong medication can cause and prescribe drugs and dosages very carefully.

If your doctor’s negligence caused you to get the wrong prescription medication, then you should come to Kaire & Heffernan to explore your rights as an injured patient. Our lawyers represent clients in Miami in all manners of medical malpractice claims, including incorrect prescription medication claims.

How Do the Wrong Medications Get Prescribed?

Accepted medical standards require all medical professionals to act deliberately at all times, especially when dealing with something that affects a patient’s health. How can it be that your doctor prescribed you the wrong prescription medication, leading to serious side effects, then? As is often uncovered, the truth is a doctor’s small lapse in judgment for only a moment is what leads to a major mistake that triggers severe or lifelong consequences.

Three mistakes that might lead to the wrong prescription medication are:

  • Diagnosis errors: In order for a prescription medication to be safe and effective, it needs to be used by a patient with a health condition that can actually benefit from the drug. Using a prescription that is not meant to treat what is afflicting you can be dangerous. When a doctor misdiagnoses your condition based on a misinterpretation of your symptoms, they might prescribe you an ineffective and potentially dangerous medication.
  • Incorrect medication: Each year, dozens of new medications are developed, reviewed by the Food and Drug Administration (FDA), and sent to the market for prescription use, where they join thousands of others already on the market. Big Pharma companies usually try to put a friendly, inviting twist on the brand names of their prescription medications to deter patients from feeling intimidating by the drug. The end result can be a long list of pharmaceuticals with similar names but dissimilar purposes. If your doctor prescribed you the wrong medication, then it is quite possible they got the drug’s brand name confused for another.
  • Unclear prescription: Everyone seems to have a story about how their doctor wrote a prescription for them that looked like nothing more than a scribble on the piece of paper. As humorous as these stories might seem, they actually reveal a serious problem within the medical industry: unclear prescriptions. If the bad handwriting of your doctor confused your pharmacist but not enough to the point where they felt they had to double-check the prescription with your doctor, then you could be given the wrong prescription medication entirely. In such a situation, some liability would likely fall on your pharmacist, too, not just your doctor.

    Drug Interactions & Other Wrong Prescription Hazards

    When you take the wrong prescription medicine unknowingly, there is no way to know for certain what complications will arise. Different drugs affect people in different ways, which is why doctors need to be so careful when selecting prescription medicines for their patients. Prescription drugs may even interact with one another unpredictably, triggering side effects that would not be experienced if the drugs were taken separately.

    Serious side effects caused by taking incorrect prescriptions could include:

  • Dizziness
  • Shortness of breath
  • Abnormal blood pressure
  • Migraines
  • Fatigue
  • Body aches
  • Fainting
  • Heart failure

    Our Miami Medical Malpractice attorneys believe that there is never an excuse for a medication error caused by a medical professional. If you were given the wrong prescription and have since suffered serious health consequences because of it, then we want to hear from you to see how we can help.  We offer free consultations and there is never a fee unless we win your case.

Bicycle Accidents In Miami

June 17, 2020 in /by

The lockdown and stay at home orders caused bicycle sales in Miami to surge. Naturally, more cyclists leads to more accidents.

In Miami, bicycles are not only a source of exercise and recreation but also a preferred mode of transportation for many of its inhabitants.  Miami has pleasant weather suitable to ride bicycles.

 Bicyclists ride on streets and highways never suspecting that their lives could be endangered in a span of few seconds due to the negligence of someone else.

We, at the law offices of Kaire & Heffernan, have extensive experience in successfully handling bicycle accident cases in Miami and all over Florida.  A primary part of our Personal Injury Practice involves representing bicyclists injured in  accidents.

BICYCLE ACCIDENTS AS A CAUSE OF SERIOUS INJURY.

Bicyclists usually follow the safety regulations by wearing protective gear and reflective clothing respectively, but are prone to being seriously injured in accidents that they are involved in.  Common injuries sustained in bicycle accidents are ;

  • Broken bones.
  • Concussions.
  • Dislocations.
  • Sprains and strains.
  • Lacerations.
  • Traumatic brain injuries.
  • Nerve injuries.
  • Accidental amputations.

This injuries can have long term or even life long consequences.  This injuries require immediate medical attention and can result in disabilities that can prevent victims from ever returning to work or even living a normal life on their own.

COMPENSATION FOR BICYCLE ACCIDENT.

The utmost concern for a bicyclist involved in a accident is whether he or she will be able to recover compensation for  medical expenses, pain and suffering, lost income and adverse effect on quality of life. In majority of the  accidents, bicyclists are injured due to the careless acts of others and are entitled to compensation.  Some of the common causes of serious bicycle  accidents are; 

  • Speeding of other vehicles.
  • Failing to yield to the right of way.
  • Following too closely to bicycles.
  • Running stop signs.
  • Poorly maintained roads.
  • Defective bicycle manufacture or design.
  • Substandard vehicle maintenance.
  • Road Rage.
  • Defective protective gear (helmets & pads).

In most instances, bicyclists suffer injuries without being at fault.

WHY HIRE KAIRE & HEFFERNAN ?

Insurance companies notoriously try to get away with paying less compensation to accident victims. We, at Kaire & Heffernan possess numerous years of experience, legal knowledge and expertise to successfully make the Insurance Companies pay appropriate compensation.  

As avid bicyclists ourselves, we are sensitive and sympathetic to the claims of the injured bicyclists.  We personally pedal the routes undertaken by our injured clients and also drive the route to get proper understanding of how the accident occurred.  We rely on the testimony of bicycle experts in the Courts of law with regard to road conditions, car/ bicycle speeds and other relevant factors related to each accident.  We help our clients obtain the advice and opinion of the best medical experts in evaluation of their injuries.  We personally Interview individuals who witnessed the accident and thoroughly investigate each accident.

If you have been injured riding a bicycle due to a negligent act of someone else, you deserve to be duly compensated for the injuries suffered and other damages.

Call our Miami Personal Injury Attorneys for a free case evaluation right away.

What You Need To Know About Pedestrian Accidents

May 31, 2020 in , /by

In an ideal world, motorists would share the road safely with motorcyclists, bicyclists, and pedestrians. Everyone would look out for one another, and every driver would yield when required and obey all traffic laws.

Of course, we don’t live in that world. The reality is that pedestrians are the most vulnerable people on the road. The human body is no match for a car – especially when a distracted or inattentive driver is behind the wheel.

At Kaire & Heffernan we help people injured in pedestrian accidents recover the compensation they need to heal and get better. Our goal is to get our clients the maximum amount of compensation available, removing the burden of worrying how they’re going to hold it all together and keep paying their bills while they grapple with the effects of a serious personal injury.

If you have been hurt in a pedestrian accident, we can help. Our accident team includes lawyers with decades of experience in the courtroom. We have a broad understanding of both the medical and legal implications of pedestrian accident cases, and we put our knowledge to work for our clients and their families.

Pedestrian Deaths on the Rise

The U.S. is in the grips of an obesity epidemic, and many people have turned to a more active lifestyle to combat the health problems that come with being overweight. Walking is one of the most beneficial activities you can do for your body. Not only is walking great for your health, it’s also a boon for the environment

Unfortunately, Americans are also obsessed with their smartphones. The distractions posed by these ingenious little devices are almost too numerous to count. When a motorist is checking email, responding to a text, or glancing at social media behind the wheel, he or she is putting everyone on the road at risk.

More driver distractions have caused pedestrian injuries and fatalities to increase.  Estimates of 2019 pedestrian fatalities from the Governors Highway Safety Association reveal that, through last year, the upward trend of deaths has continued. In 2019, according to GHSA, pedestrian deaths were up 5 percent compared to the year prior, with 6590 pedestrians killed, the highest number since 1988. That total translates to 2.0 deaths per 100,000 people, which is the highest since 1997.

Pedestrian Injuries Can Be Catastrophic

Walkers are particularly at risk of suffering a serious injury in a motor vehicle collision. The injuries caused by these crashes are frequently debilitating and life-changing. In the blink of an eye, an individual’s life can forever change, rendering them unable to work, look after children, or enjoy hobbies. Common pedestrian accident injuries include:

• Paralysis
• Broken bones
• Trauma to internal organs
• Vision loss and injuries to the eyes
• Facial injuries and disfigurement
• Amputations

In many cases, an injured pedestrian can pursue compensation from the at-fault driver’s insurance company. As experienced Miami personal injury lawyers, we know how insurance companies think, and how they try to minimize an injury victim’s claim. We aggressively challenge these tactics, and we stop insurance companies from devaluing our clients’ claims.

In other cases, a pedestrian is hurt by a hit-and-run driver. In these cases, it’s often possible for a pedestrian to recover uninsured/underinsured motorist damages from his or her own insurance provider.

Taking on a large insurance company with seemingly inexhaustible resources is daunting for anyone. With us on your side, however, you have much more than a fighting chance. We will work tirelessly to make sure you receive the full amount of compensation available, including money for your pain and suffering, lost wages, medical bills, mental stress, and even future lost wages and support.

Call a Miami Personal Injury Attorney for a Free Case Evaluation

Most pedestrian accidents are completely preventable. If you have been injured because a motorist acted carelessly, you deserve to be compensated for your injuries and other damages.

As a Worker, Who Can You Can Sue When Injured on a Construction Site?

May 29, 2020 in , /by

            In Florida, due to complex employer laws, figuring out whether you have the ability to sue your employer or another contractor after a work-related injury may be confusing. As Miami personal injury and workers’ compensation attorneys, we take pride in helping to assess what rights you have and who faces liability in any potential legal matter.

            Under Florida law, an employee can only sue an employer if that employee can prove that the injury was intentional, or that the employer had “virtual certainty” that such an injury would occur. Because of such strict guidelines, when a work-related injury occurs, the typical remedy is through workers’ compensation. Workers’ Compensation requires employers to carry insurance and in the event an employee is injured on the job—rather than filing suit against the employer—a petition for benefits is filed and workers’ compensation will likely cover any expenses associated with the work-related injury.

            However, when working on a construction site, it is more likely than not, that there are multiple contractors on site. This means multiple employees, from multiple companies, all working together. However, those same laws that mandate an employee’s limited ability to sue their employer do not fully extend to that of other contractors, or subcontractors, on site. That means, if you are injured on a worksite as a result of a subcontractor’s (or any of their agents or employees) negligence, you may have the ability to file an actual lawsuit against the subcontractor to recover damages. While it is the hiring contractor’s obligation to make sure their subcontractors carry the appropriate workers’ compensation insurance, as Miami workers’ compensation attorneys, we frequently see a number of smaller construction companies that fail to maintain the appropriate insurance coverage. As such, if you are injured on a construction site, there is a chance you may be eligible to recover both, workers’ compensation benefits from your employer and any damages that stem from another contractor’s negligence.

Como Trabajador, ¿A Quién Puede Demandar Cuando Se Lesiona en un Sitio de Construcción?

En Florida, debido a las complejas leyes del empleador, determinar si tiene la capacidad de demandar a su empleador u otro contratista después de una lesión relacionada con el trabajo puede ser confuso. Como abogados de lesiones personales y compensación de trabajadores de Miami, nos enorgullece ayudar a evaluar qué derechos tiene y quién enfrenta responsabilidad en cualquier posible asunto legal.

Según la ley de Florida, un empleado solo puede demandar a un empleador si ese empleado puede probar que la lesión fue intencional o que el empleador tenía “certeza virtual” de que tal lesión ocurriría. Debido a pautas tan estrictas, cuando ocurre una lesión relacionada con el trabajo, el remedio típico es a través de la compensación de los trabajadores. La compensación de trabajadores requiere que los empleadores tengan seguro y, en caso de que un empleado se lesione en el trabajo, en lugar de presentar una demanda contra el empleador, se presenta una solicitud de beneficios y la compensación de trabajadores probablemente cubrirá cualquier gasto asociado con la lesión relacionada con el trabajo. .

Sin embargo, cuando se trabaja en un sitio de construcción, es más probable que haya múltiples contratistas en el sitio, lo que significa que varios empleados, de múltiples compañías diferentes, trabajan todos juntos. Sin embargo, esas mismas leyes que exigen la capacidad limitada de un empleado para demandar a su empleador no se extienden a la de otros contratistas, o subcontratistas, en el sitio. Eso significa que si se lesiona en un lugar de trabajo como resultado de la negligencia de un subcontratista (o cualquiera de sus agentes o empleados), tiene la capacidad de presentar una demanda real contra el subcontratista para recuperar daños. Si bien es obligación del contratista de contratación asegurarse de que sus subcontratistas tengan el seguro de compensación de trabajadores apropiado, como abogados de compensación de trabajadores de Miami, con frecuencia vemos una cantidad de compañías de construcción más pequeñas que no mantienen ninguna cobertura de seguro. Como tal, si se lesiona en un sitio de construcción, existe la posibilidad de que pueda ser elegible para recuperar tanto los beneficios de compensación para trabajadores de su empleador como los daños que se deriven de la negligencia de otro contratista.

Statute of Limitations in Workers’ Compensation: What It Really Means

May 27, 2020 in /by

If you have suffered from a work-related accident or injury, as Miami workers’ compensation attorneys, it is our goal to help you to understand what rights you have and how quickly those rights need to be asserted in order to receive the appropriate benefits.

Statute of Limitations is a legal term that mandates a time period of how long you, as an injured party, have to bring a claim forward. Statutes of Limitations vary depending on the claim you plan to file. For claims of negligence, there is a four-year window, meaning that a potential plaintiff has four years from the date of an accident to file a claim. For medical malpractice, that window is shortened to two years.

With respect to workers’ compensation in Florida, a claim—known as a petition for benefits in workers’ compensation—must be filed within two years from the date of the injury or within one year of the last payment of compensation or within one year of the last provision of authorized medical treatment or care.

However, that two-year window does not begin to run until the injured worker, under a reasonable person standard, knows or should have known that an injury existed. While the Statute of Limitations in workers’ compensation is strictly enforced, there are certain factors that can lead to an exception: if the injured worker is a minor or mentally incompetent; or if the employer or insurance carrier misled the injured worker about their coverage.

If you are injured in a work-related accident do not hesitate to seek medical treatment as waiting too long may bar you from making a claim in the future. If there are any questions regarding what benefits may be available to you, be sure to reach out to Florida workers’ compensation attorneys who will be able to help guide you through the process.

Slip and Fall Cases in Florida: How to Know if You Have a Potential Case

May 26, 2020 in /by

            Every day, people run the risk of falling and slipping on someone’s property in locations such as supermarkets and convenience stores. Such an accident could result in bodily injury and medical expenses. However, if the property owner’s negligence was responsible for the injury, you may be entitled to damages. As Miami personal injury attorneys, it is important to understand what elements need to be met in order to have a viable claim.

            Florida operates on a comparative negligence standard. That is, the damages you recover can be lowered if you are found to be partially responsible for an accident. For instance, if the floor in a supermarket is extremely slippery, but you are running rather than walking, you may be found to have been comparatively negligent. However, just because you may have been partially responsible for the accident, any potential recovery will only be limited by your percentage of the fault. As such, if you were found to have only been 10% responsible for the accident, you are still entitled to 90% of the total damages.

            It is the plaintiff’s responsibility to adequately establish that it was the property owner’s negligence that was responsible for the fall. To prevail on a claim for a slip and fall, a plaintiff must prove that the property owner or business owed a duty of care, the property owner or business failed to use reasonable care, and because of the lack of reasonable care, the plaintiff was injured. With respect to the reasonable care, there are three major factors to assess: (1) whether the property owner was aware of the situation; (2) whether reasonable steps were taken to prevent the fall; and (3) whether the danger was obvious to a reasonable person.

            Beginning with the first of the three major factors, the standard relies on the fact that a “reasonable” property owner would have recognized the potential harm on the premises. If the property owner has sufficient notice of the hazard, or as a reasonable owner, should have had sufficient notice, it will help to further the case. Additionally, the plaintiff must prove that the property owner failed to take the reasonable steps necessary in order to prevent the fall. And finally, the danger must not have been obvious prior to the fall.

            As Miami personal injury attorneys, it is essential to understand these necessary elements in order to successfully bring a claim against a property owner. Having an attorney well-versed on this matter is something that cannot be overlooked.

Florida’s “Free Kill” Law

May 19, 2020 in /by

All around the country there are state laws that are criticized and questioned for their flaws and narrow tailoring. However, one would be hard-pressed to find a statue that comes under more fire than what has been dubbed as Florida’s “Free Kill” law as provided in Florida Statute 768.21(8). 

768.21(8) establishes who is allowed to bring a suit for a wrongful death action in the state. As Florida medical malpractice attorneys, understanding who can file a claim under this statute is essential. However, this law enforces that only a spouse or minor child (under the age of 25) can file suit to recover for pain and suffering damages when the wrongful death action stems from medical malpractice. In addition, the statute also does not allow damages for pain and suffering when a parent files a claim after the loss of their adult child as a result of medical malpractice. In doing so, the statute has earned itself the title of Florida’s “Free Kill” law since there is no threat of such monetary punishment in situations where medical practitioners fall below the standard of care and cause a patient’s death, but if that patient survives with serious harm, only then can the practitioner be exposed to significant liability.

Florida is the only state in the nation with such an exception. This significantly limits the number of wrongful death actions filed on behalf of unmarried adults who do not have minor children because without pain and suffering damages, the cost to litigate a malpractice case may be more than any potential recovery. The implementation of this exception was enacted due to an over-abundance of medical malpractice claims in the late 1990’s and 2000’s, but those same issues are not present today.

Putting this statute in a hypothetical scenario: if a doctor kills someone’s unmarried father driving their car, that adult child can file a wrongful death action and recover pain and suffering damages against the doctor. But if her father were to die at the hands of that same doctor’s medical malpractice, the adult child is unable to recover pain and suffering damages. Both acts were negligent. Both acts involve the same pain and suffering. However, a claim to recover damages for pain and suffering can only be brought forward in one of the two scenarios above.

As medical malpractice attorneys, it is our position the Florida “Free Kill” law effectively bars a number of individuals from receiving the justice they deserve when a loved one is lost. The law is one that is rightfully scrutinized for its unfair exceptions and limitations and it is in the best interest of the general public to have this statute repealed.

Safety Recommendations for Cyclists

May 17, 2020 in /by

Living in Florida, residents are fortunate enough to have year-round outdoor weather. Such weather permits people to partake in a number of activities, including cycling. As a Florida personal injury attorney and an avid cyclist, it is chilling to see the number of serious injuries and accidents that can result from participation in the sport. While some accidents may be out of the cyclist’s control, there are several preventative measures that all cyclists can take in order to actively protect themselves.

Always Wear a Helmet

The most obvious and easy way to protect yourself when cycling is by wearing a helmet. It is estimated that helmet use can reduce the odds of a serious head injury by up to 50%.

Proper Hearing

If you’re cycling to music, make sure the music is at a low enough volume that you can hear surrounding noise such as other bikers, vehicles, or pedestrians.

Ride in the Right Direction

When cycling, make sure to be traveling in the same direction as traffic. In addition, if cycling on roadways with intersections, be sure to obey the proper traffic signals.

Stay Off the Sidewalk

Many bicycle injuries occur between cyclists and pedestrians. Unless a sidewalk is completely empty, cyclists should ride on the street while exercising caution with respect to traffic.

Call Out When Passing

When passing another cyclist or pedestrian on the roadway, be sure to call out which side you are passing them on.

          These are only a few of the many ways cyclists can look to prevent accidents when taking to the road. Florida ranks first amongst states in cyclist fatality, so it is imperative to exercise proper caution while partaking in the sport. As Miami personal injury attorneys, we are exposed to a number of accidents that could have easily been avoided if advice like above had been heeded to. As such, we implore individuals to follow these suggestions to create safer roadways.