If you drive in Miami and the surrounding areas, you have surely had closes calls with 18 wheelers and semi trucks. With the expansion of the Port of Miami trucks enter and exit the highway at record numbers. Transportation and trucking is an integral and essential part of the American economy. Truck companies and individual truckers, in their quest to maximize profits and to meet strict delivery deadlines all too often ignore safety regulations.
When accidents involve a truck, the risk of serious injuries and death increase drastically. The damages in accidents involving trucks are significantly higher when compared with other accidents.
Trucking Accidents are all about establishing fault, and that fault often turns on the post accident investigation. It is imperative to hire a skilled lawyer as early as possible following an accident. It is virtually impossible for an individual to receive full compensation for his/her Injuries without the guidance of a competent and experienced Florida truck accident lawyer.
STEPS TO TAKE IF YOU ARE INVOLVED IN A TRUCK ACCIDENT.
If you have been the victim of a truck accident, then the actions you take soon after a truck accident can have a major impact on the amount of compensation that you may receive. Our Miami truck accident lawyers recommend that you do the following:-
- STAY AT THE SCENE OF THE ACCIDENT AND MAKE SURE YOU ARE SAFE.
After an accident, do not leave the scene of the accident. Stay in the vicinity of the accident scene and remove yourself, your passengers and the vehicle from being exposed to further harm.
- REPORT THE ACCIDENT.
It is important to call the emergency services and the Police to report of the accident.
- GATHER INFORMATION.
After informing the Police, you should get information which includes:
- The truck driver’s license information.
- Insurance information of the truck driver.
- Truck’s make and model details.
- Truck’s license plate number.
- Vehicle identification number (VIN).
- Names and addresses of witnesses.
- TAKE PHOTOS AND CAPTURE VIDEO FOOTAGE OF THE WRECK.
If possible, use your cellphone to capture images of the entire scene and also of vehicles involved in the accident from various angles. It is important to take photos of road signs, road conditions (such as slickness from rain). Check for skid marks left on the road by the vehicles involved in the accident.
- AVOID MAKING STATEMENTS OR GIVING DETAILS OF THE ACCIDENT ON SOCIAL MEDIA.
Posts on social media right after an accident can be used against you in an injury lawsuit with regard to severity of injuries sustained. While speaking to representatives of other parties involved in the accident, refrain from blaming anyone or accepting blame for the accident.
- CONTACT YOUR INSURANCE COMPANY.
Explaining your version of what happened is important in establishing the liability of the truck driver. Therefore, it is imperative to contact your own insurance company right after an accident.
- GET YOURSELF ASSESSED FOR SERIOUS INJURIES.
Concussions and internal bleeding do not show obvious symptoms right away. Medical records of injuries sustained can be vital in recovering adequate compensation.
COMMON TYPES OF TRUCKS.
The manner in which truck accidents occur depends on the trucks involved in the accidents too. Our expert truck accident lawyers have years of experience in identifying different kinds of trucks and are also aware of the types of accidents and damage they can cause.
The most common types of trucks are :
- 18 wheeler trucks.
- Logging trucks.
- Big Rig.
- Semi trucks.
- Cargo trucks
- Steel trucks.
- Coal trucks.
- Tow trucks.
- Construction trucks.
- Tanker trucks.
- Fire trucks.
- Fuel trucks.
- Garbage trucks.
LEADING COMMERCIAL TRUCKING COMPANIES OPERATING IN THE UNITED STATES.
- DHL.
- FED EX.
- UPS.
- US Express.
- J.B. Hunt.
- Werner.
- Swift.
- Averitt.
- Con-way.
- Amazon
ESTABLISHING FAULT IN A TRUCK ACCIDENT.
Determining liability in a truck accident can be a logistical nightmare. In a potential truck accident related lawsuit, more parties tend to get involved and not just the drivers involved in the actual crash.
Some of those parties are :-
In most truck accidents, the truck is owned by a company. The driver’s insurance is covered by the company and it’s legal team handles details of the crash.
- TRUCK MANUFACTURERS.
If the accident occurred due to a mechanical or technical failure in the truck, accountability will shift towards the manufacturer of the vehicle. Malfunction of air brakes is one of the leading causes of truck accidents.
- SHIPPING COMPANY.
The company that paid for the shipment of a load may pursue legal action for non delivery or delay in delivery of the load if the truck carrying it was involved in an accident.
- LOADING COMPANY.
If a truck is over loaded or cargo falls off a truck causing an accident, the loading company will bear major percentage of liability.
- OTHER DRIVERS AND PEDESTRIANS.
There may be additional persons who might get injured in a truck accident such as other drivers and their passengers as well as pedestrians. Each party involved is backed by their own insurance company which tries to shift blame away from their own client.
It is therefore necessary to enlist the services of an experienced Miami Truck Accident Lawyer to recover adequate compensation.
- OTHER PARTIES WHO CAN ALSO BE DEFENDANTS IN A TRUCK ACCIDENT.
Truck accident investigations and claims can be complex. Depending on the specifics of a truck accident, the list of defendants may also include Insurance providers, City or County Governments, defective vehicle spare parts manufacturers etc.
COMMON CAUSES OF TRUCK ACCIDENTS.
Government agencies and truck manufacturers work together to ensure road, vehicle and driver safety, yet truck accident numbers continue to rise. Some major factors that contribute to truck accidents are:-
1. Driver errors.
The most common errors of truck drivers that lead to accidents are as follows:
- Speeding.
- Distraction/ Inattention.
- Failure to yield right of way.
- Impairments (alcohol, illness, fatigue).
- Reckless driving.
- Failure to keep in proper lane.
2. Trucking companies hiring unfit drivers who lack the required commercial driving license (CDL).
3. Failure of trucking companies to train and supervise their drivers.
4. Failure of trucking companies to inspect and maintain vehicles regularly.
5. Improperly loading cargo.
6. Allowing or encouraging truck drivers to work excessive driving hours.
7. Defective parts such as tires, wheels, brakes or axles.
8. Failure of the State to properly maintain roads
TYPES OF TRUCK ACCIDENTS.
The most common types of truck accidents are:-
- Head on trucking accidents.
- Rear end trucking accidents.
- Rollover trucking accidents.
- Jackknife trucking accidents.
- Tire blowouts.
- Trailer load spills.
TYPES OF INJURIES SUSTAINED IN TRUCK ACCIDENTS.
Most common truck accident injuries are:
- Broken bones and Fractures.
- Facial damage.
- Spinal injuries/ paralysis.
- Concussions.
- Internal bleeding.
- Scarring.
- Lacerations.
- Traumatic brain injuries.
- Permanent disability.
- Wrongful death.
COMPARATIVE NEGLIGENCE STATE.
Florida being a Comparative Negligence State, an at-fault driver is also entitled to file a personal injury lawsuit for damages, even if he or she was partially at fault for causing a truck accident.
STATUTE OF LIMITATION FOR FILING A TRUCK ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing an accident claim. An experienced truck accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for truck accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced truck accident lawyer. Trucking companies are only required to keep records for six months. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR VICTIM OF A TRUCK ACCIDENT IN MIAMI.
Miami truck accident lawyers seek to get maximum compensation for the victim of a truck accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
HOW MUCH COMPENSATION CAN YOU RECOVER?
Factors that influence the amount of Compensation you might receive include:
- The severity of your injuries.
- The value of your medical expenses.
- Whether you can establish that the truck driver or the responsible party was at fault.
- Whether you have missed time from work due to the accident.
- Your age.
- The impact of the accident on your lifestyle and quality of life.
Florida laws provide compensation to truck accident victims for injuries and damages caused by the negligence of truck drivers. Given below are the types of damages that a victim of a truck accident may be able to recover:-
ECONOMIC DAMAGES.
- Past and future medical bills.
- Past and future lost wages and business income.
- Loss of future earning capacity.
NON ECONOMIC DAMAGES.
- Pain and Suffering
- Emotional distress.
- Loss of consortium.
- Loss of enjoyment of life.
WHY HIRE KAIRE & HEFFERNAN ?
Our qualified and experienced truck accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of truck accidents in Miami and all across Florida.
Accident cases involve complex and intricate legal concepts. If you hire our Miami truck accident lawyers, you can expect the following:-
1. THOROUGH INVESTIGATION OF THE ACCIDENT.
Our truck accident lawyers compile and analyze evidence such as:
- Accident scene evidence.
- Eyewitness statements.
- Damage to all vehicles involved.
- Cellphone records of the truck driver.
- Driver’s toxicology test results.
- Police accident reports.
- Driver’s criminal and traffic background.
- The trucking company’s history of violating safety rules.
- Logbook and other company records.
- Electronic data recorder “Black Box” data.
- Satellite tracking data.
- Vehicle Inspection Reports.
- Drivers
2. CONSULT EXPERTS FROM VARIOUS FIELDS.
Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
- Accident reconstruction experts.
- Rules compliance/ safety experts.
- Driver training (trucking school) experts.
- Mechanics and Engineers.
- Experts from various areas of medicine.
- Life care planners.
- Toxicology experts.
3. PROTECTING AND PRESERVING EVIDENCE.
Our Miami truck accident lawyers seek Court Orders to force trucking companies to provide and preserve any evidence that is important in the case. Our team of experienced truck accident lawyers collect, review and document medical records of victims which are essential in determining adequate compensation that he or she is entitled to.
4. SEEK A TIMELY SETTLEMENT.
Our team of Miami truck accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
Our Florida truck accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.
5. TAKE YOUR CASE TO COURT.
If the need arises, our team of truck accident lawyers in Miami are prepared to take the case to court for trial.
CONTACT A MIAMI TRUCK ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of a truck driver, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced truck Accident lawyer at our firm for a free case evaluation right away.
Miami Truck Accident Lawyer
/in Car Accidents /by Mark KaireIf you drive in Miami and the surrounding areas, you have surely had closes calls with 18 wheelers and semi trucks. With the expansion of the Port of Miami trucks enter and exit the highway at record numbers. Transportation and trucking is an integral and essential part of the American economy. Truck companies and individual truckers, in their quest to maximize profits and to meet strict delivery deadlines all too often ignore safety regulations.
When accidents involve a truck, the risk of serious injuries and death increase drastically. The damages in accidents involving trucks are significantly higher when compared with other accidents.
Trucking Accidents are all about establishing fault, and that fault often turns on the post accident investigation. It is imperative to hire a skilled lawyer as early as possible following an accident. It is virtually impossible for an individual to receive full compensation for his/her Injuries without the guidance of a competent and experienced Florida truck accident lawyer.
STEPS TO TAKE IF YOU ARE INVOLVED IN A TRUCK ACCIDENT.
If you have been the victim of a truck accident, then the actions you take soon after a truck accident can have a major impact on the amount of compensation that you may receive. Our Miami truck accident lawyers recommend that you do the following:-
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.
It is important to call the emergency services and the Police to report of the accident.
After informing the Police, you should get information which includes:
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.
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.
Explaining your version of what happened is important in establishing the liability of the truck driver. Therefore, it is imperative to contact your own insurance company right after an accident.
Concussions and internal bleeding do not show obvious symptoms right away. Medical records of injuries sustained can be vital in recovering adequate compensation.
COMMON TYPES OF TRUCKS.
The manner in which truck accidents occur depends on the trucks involved in the accidents too. Our expert truck accident lawyers have years of experience in identifying different kinds of trucks and are also aware of the types of accidents and damage they can cause.
The most common types of trucks are :
LEADING COMMERCIAL TRUCKING COMPANIES OPERATING IN THE UNITED STATES.
ESTABLISHING FAULT IN A TRUCK ACCIDENT.
Determining liability in a truck accident can be a logistical nightmare. In a potential truck accident related lawsuit, more parties tend to get involved and not just the drivers involved in the actual crash.
Some of those parties are :-
In most truck accidents, the truck is owned by a company. The driver’s insurance is covered by the company and it’s legal team handles details of the crash.
If the accident occurred due to a mechanical or technical failure in the truck, accountability will shift towards the manufacturer of the vehicle. Malfunction of air brakes is one of the leading causes of truck accidents.
The company that paid for the shipment of a load may pursue legal action for non delivery or delay in delivery of the load if the truck carrying it was involved in an accident.
If a truck is over loaded or cargo falls off a truck causing an accident, the loading company will bear major percentage of liability.
There may be additional persons who might get injured in a truck accident such as other drivers and their passengers as well as pedestrians. Each party involved is backed by their own insurance company which tries to shift blame away from their own client.
It is therefore necessary to enlist the services of an experienced Miami Truck Accident Lawyer to recover adequate compensation.
Truck accident investigations and claims can be complex. Depending on the specifics of a truck accident, the list of defendants may also include Insurance providers, City or County Governments, defective vehicle spare parts manufacturers etc.
COMMON CAUSES OF TRUCK ACCIDENTS.
Government agencies and truck manufacturers work together to ensure road, vehicle and driver safety, yet truck accident numbers continue to rise. Some major factors that contribute to truck accidents are:-
1. Driver errors.
The most common errors of truck drivers that lead to accidents are as follows:
2. Trucking companies hiring unfit drivers who lack the required commercial driving license (CDL).
3. Failure of trucking companies to train and supervise their drivers.
4. Failure of trucking companies to inspect and maintain vehicles regularly.
5. Improperly loading cargo.
6. Allowing or encouraging truck drivers to work excessive driving hours.
7. Defective parts such as tires, wheels, brakes or axles.
8. Failure of the State to properly maintain roads
TYPES OF TRUCK ACCIDENTS.
The most common types of truck accidents are:-
TYPES OF INJURIES SUSTAINED IN TRUCK ACCIDENTS.
Most common truck accident injuries are:
COMPARATIVE NEGLIGENCE STATE.
Florida being a Comparative Negligence State, an at-fault driver is also entitled to file a personal injury lawsuit for damages, even if he or she was partially at fault for causing a truck accident.
STATUTE OF LIMITATION FOR FILING A TRUCK ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing an accident claim. An experienced truck accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for truck accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced truck accident lawyer. Trucking companies are only required to keep records for six months. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR VICTIM OF A TRUCK ACCIDENT IN MIAMI.
Miami truck accident lawyers seek to get maximum compensation for the victim of a truck accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
HOW MUCH COMPENSATION CAN YOU RECOVER?
Factors that influence the amount of Compensation you might receive include:
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.
NON ECONOMIC DAMAGES.
WHY HIRE KAIRE & HEFFERNAN ?
Our qualified and experienced truck accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of truck accidents in Miami and all across Florida.
Accident cases involve complex and intricate legal concepts. If you hire our Miami truck accident lawyers, you can expect the following:-
1. THOROUGH INVESTIGATION OF THE ACCIDENT.
Our truck accident lawyers compile and analyze evidence such as:
2. CONSULT EXPERTS FROM VARIOUS FIELDS.
Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
3. PROTECTING AND PRESERVING EVIDENCE.
Our Miami truck accident lawyers seek Court Orders to force trucking companies to provide and preserve any evidence that is important in the case. Our team of experienced truck accident lawyers collect, review and document medical records of victims which are essential in determining adequate compensation that he or she is entitled to.
4. SEEK A TIMELY SETTLEMENT.
Our team of Miami truck accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
Our Florida truck accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.
5. TAKE YOUR CASE TO COURT.
If the need arises, our team of truck accident lawyers in Miami are prepared to take the case to court for trial.
CONTACT A MIAMI TRUCK ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of a truck driver, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced truck Accident lawyer at our firm for a free case evaluation right away.
NURSING HOME NEGLECT AND COVID-19 CASES
/in Nursing Home Abuse /by Mark KaireMore than 51,000 of the nation’s 1.4 million nursing home residents, who were either elderly or disabled have died of COVID-19 since the beginning of 2020. Nursing home facilities have become hot spots for spread of the virus in the country.
The alarming spread of COVID-19 amongst nursing home residents is a reflection of the low standard of care provided in these facilities. Cost cutting and understaffing measures undertaken by nursing home owners and management have created a system of neglect.
Young people tend to experience none or just mild symptoms at most, when exposed to COVID-19, but senior citizens with heart and respiratory complications can become seriously ill when exposed to this deadly virus.
Nursing homes have a duty to provide a reasonable care for residents and protect them against future illnesses. When they fail to do this, they can be held accountable for harm caused to the residents.
Neglect can take many forms in a nursing home, from failure to provide adequate treatment to not providing a healthy environment to its residents. If the nursing home management failed to implement proper procedures by not performing screenings, by not refusing visitations, by not implementing social distancing and quarantine norms, they can be held liable for any injuries suffered by the residents.
Over 750 nursing home employees across the 15,000 federally certified nursing homes also have died from COVID-19.
A growing number of negligence suits are being filed all across the country against nursing homes by families whose relatives suffered severe complications or have died due to COVID-19 while living in such facilities. These cases are filed relying on state nursing home resident protection statutes and/or common law tort theories.
In most cases, nursing home staff and management did not disclose timely truthful information to the families about the health status of their relatives until they were severely infected with COVID-19.
In Florida, there are mandatory pre-suit screening periods before a suit can be filed. The Health Care Association in Florida has sent a letter directly to Governor DeSantis asking for “Immunity from any liability, civil or criminal” in regard to COVID-19 related lawsuits.
Because of such developments, it is even more important to seek assistance and guidance from an experienced Florida Nursing home neglect lawyer who is well versed with the latest laws, rules and regulations. A lawsuit may become the only alternative to piece together, the events that actually transpired.
SAFETY MEASURES WHICH NURSING HOMES SHOULD TAKE:-
COVID-19 SYMPTOMS EXPERIENCED BY NURSING HOME RESIDENTS:-
Many nursing homes have failed to provide compassionate and comprehensive care to elderly and dependent adults in a safe environment during the COVID-19 Pandemic crises. Nursing home abuse and neglect can lead to physical injuries and long term psychological consequences.
COMMON WARNING SIGNS OF NURSING HOME NEGLECT.
On visits to the nursing home, it is necessary to look around and see if the premises are clean and safe. It is also important to observe if other residents are healthy and cheerful or not. If you suspect that a loved one is being neglected after being placed in a nursing home, then be sure to look at the following common signs,
The elderly are vulnerable and often unable to defend themselves. Many are too afraid to come forward when they become victims of neglect and mistreatment.
During Lockdown, as families were not able to have visitations with their loved ones living in nursing homes, a lot of abuse and neglect committed by caregivers went unnoticed and unreported.
It is generally up to family members to stay in contact with residents of Nursing Homes and detect when something is wrong.
STATUTE OF LIMITATION IN FILING A CLAIM FOR NURSING HOME ABUSE IN FLORIDA
If you suspect that a loved one has tested positive for COVID-19 due to neglect while staying in a nursing home, your first reaction should be to seek the best treatment for your loved one and then contact a Miami nursing home abuse and neglect lawyer who can quickly sort out your case and determine the future course of action.
One of the most important aspects of filing a Civil Lawsuit is the need to file it within the limitation period. In Florida, a Civil Lawsuit for Nursing Home negligence should be filed within two years of discovery of the neglect. Hiring an experienced Miami Nursing Home Abuse and Neglect Lawyer ensures that the case is filed before the expiration of the statute of Limitation. No more than four years can lapse before a claim is filed.
COMPENSATION FOR VICTIM OF NURSING HOME ABUSE IN MIAMI.
If your loved one is a victim of Nursing Home neglect, you may be entitled to receive a settlement for following expenses and damages :-
In a Nursing Home Abuse or Neglect Lawsuit, the case may be filed against both the employees and the Nursing Home itself. Under the doctrine of Vicarious Liability, the Nursing home would be responsible for the actions of its employees.
WHY HIRE KAIRE & HEFFERNAN ?
Our qualified Attorneys possess in depth knowledge and experience in recovering compensation through verdicts and settlements for victims of nursing home neglect and abuse cases in Miami and all across Florida. We know how to effectively deal with Attorneys and Insurance Companies that represent Nursing Homes and their employees.
We know how to obtain and review medical records and have access to the best medical experts. Our team of Miami Nursing Home Neglect and Abuse Attorneys does the following for our clients while investigating a claim:-
CONTACT A MIAMI NURSING HOME NEGLECT AND ABUSE LAWYER.
If your loved one has been a victim of Nursing Home neglect or abuse, such victims deserve to be duly compensated for the injuries suffered and other damages. The perpetuator/s of such abuse and neglect should be brought to justice. Call our Miami Nursing Home Neglect and Abuse Attorney for a free case evaluation right away.
MIAMI MEDICAL MALPRACTICE OVERVIEW
/in Medical Malpractice /by Mark KaireThe American Medical Association and Insurance industry are very powerful groups that have lobbied the state legislature to draft and pass special rules that benefit health care providers.
Medical Malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice (Standard of care) in the medical community and causes injury to the patient.
The injured patient must prove that a physician, hospital, doctor or a healthcare professional, acted negligently in rendering reasonable care, and that such negligence resulted in injury. For this the victim has to enlist the services of an experienced Miami medical malpractice lawyer. The following four elements need to be proven to constitute a medical malpractice:-
In a medical malpractice claim, the first element which a plaintiff must prove Is that the defendant owed the plaintiff a duty of care. This duty arises from a physician-patient relationship, in which the healthcare giver assumes the obligations associated with caring for his patient.
The plaintiff must prove that the defendant’s care was substandard and care rendered was unreasonable. It can also mean that, though the act was appropriate, it was performed in a negligent manner.
The plaintiff must have suffered some injury in order to give rise to a claim for damages.
A negligent act that does not result in an injury is not sufficient to constitute a legal claim. The defendant’s negligence must have caused or contributed to the plaintiff’s injuries.
Our team of Medical Malpractice attorneys has highlighted below 5 of the most prominent medical malpractice laws in Florida :-
1. INFORMED CONSENT REQUIREMENTS.
Informed consent is a concept that varies from state to state. A doctor cannot perform a procedure without explaining the risks of the procedure to the patient.
In Florida, the informed consent law requires that the patient be advised of three things namely,
After being informed of this requirement, if the patient consents, then informed consent is said to have been given. In Florida, if a doctor or any healthcare provider fails to obtain the informed consent of the patient before a procedure and if the patient suffers an injury as a result, the doctor may be liable under theory of Medical Battery.
2. STATUTE OF LIMITATIONS.
There are certain specific time limits, restrictions and rules for filing a medical malpractice lawsuit in Florida. An experienced Florida Medical Malpractice lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.
The strict procedural requirements in the Florida Comprehensive Medical Malpractice Reform Act reflects a legislative determination to curtail claims and discourage Medical malpractice attorneys from representing victims of medical malpractice.
Under Florida law, ordinary Negligence cause of actions are subject to a four year statute of Limitations. Florida has codified a two year statute of Limitations for medical malpractice causes of action. A victim of a medical malpractice has 2 years from the date of the negligent treatment or 2 years from the discovery of injuries suffered due to the medical malpractice to file a lawsuit.
3. STATUTE OF REPOSE.
This Statute sets the deadline for maximum amount of time a victim has to file a lawsuit. Under Florida laws, after four years, a victim of a medical malpractice cannot file a lawsuit.
Exceptions to the statute of Repose are:
4. PRE-LAWSUIT REQUIREMENTS.
Florida has a series of pre-suit rules which are very precise. The consequences of not following them are severe. it is important to consult a Miami Medical Malpractice lawyer as it is complicated to pursue such a claim in Florida.
In Florida, in order to bring a Medical Malpractice lawsuit, a prospective plaintiff must fulfil very strict pre-trial requirements which discourage unmerited and frivolous claims. The attorney must file a notice of intent with a corroborating expert opinion from a specific medical provider. This notice contains names of the prospective plaintiff and defendants and summary of claim sought and Injury suffered. This notice is sent to each of the defendants and in some cases state agencies. The suit will fail if it is not supported by such a sworn statement and other relevant medical evidence.
5. PRE-LAWSUIT INVESTIGATION.
The plaintiff has to wait for 90 days after serving the notice to the defendants before filing a suit. The defendants are given an opportunity to conduct an investigation and then they can either reject the claim, make a settlement offer or offer to arbitrate in which liability is accepted and arbitration is held only to determine extent of damages.
COMMON TYPES OF MEDICAL MALPRACTICE
Misdiagnosis counts as a malpractice because it prevents a patient from receiving necessary treatment. A doctor examines the patient but fails to diagnose the correct illness. The patient may be diagnosed with a condition that he or she may not have.
For a case to qualify as a delayed diagnosis, doctor must have assessed the patient less competently than other doctors would have.
Initially doctor makes an incorrect diagnosis, but ultimately patient does receive correct and accurate diagnosis. This delay results in deterioration in the patient’s condition due to not receiving timely treatment.
Birth injuries are a common consequence of medical malpractice. When a doctor fails to identify and address prenatal or neonatal risk factors, he or she can be held liable for medical malpractice.
Improper birthing techniques, failure to respond appropriately to delivery complications can result in significant birth injuries such as Erb’s Palsy, fetal anoxia, Cerebral Palsy, jaundice etc.
On many occasions, a doctor arrives at the right diagnosis but fails to prescribe the adequate treatment. This failure constitutes a malpractice. Doctors fail to treat a patient diligently and release a patient too soon, omit to offer proper follow-up care or neglect to refer patient to a specialist.
Examples of surgical errors that may constitute a malpractice include:-
Medical Professionals are not always at fault. In some instances patients suffer because a medical device used in their treatment was faulty or of substandard quality.
This faulty devices or equipment cause damage before their defects are discovered. The health of patients worsens because this devices fail to provide the desired benefits.
COMPENSATION FOR VICTIM OF A MEDICAL MALPRACTICE IN MIAMI.
Florida medical malpractice laws permit three forms of compensation which can be awarded by verdict or negotiated through settlement. These are :
These include past, present and future medical expenses, loss of wages, loss of employment or business opportunities. Lawyers present hospital and insurance bills which can be compensated for. These damages are quantifiable and reimbursable.
These damages are difficult to calculate. They include damages for loss of enjoyment of life, emotional pain and suffering, anguish etc.
These damages do not compensate any losses. Their purpose is to punish the wrongdoer and deter others from committing reckless actions through malice.
WHY HIRE KAIRE & HEFFERNAN ?
Medical Malpractice is a very specialized branch of law. Our team of Miami medical malpractice lawyers are experienced in examining, preparing and presenting complicated and complex medical evidence. Insurance companies representing doctors and hospitals possess considerable financial resources which they utilize to hire formidable defense attorneys and experts. It is necessary to have an experienced medical malpractice attorney by your side to take on large insurance companies and their attorneys.
Our team of competent Florida medical malpractice lawyers carry out the following duties for our clients:-
CONTACT A MIAMI MEDICAL MALPRACTICE LAWYER.
If you or your loved one has been a victim of a medical malpractice in Miami, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced medical malpractice Lawyer at our firm for a free case evaluation right away.
MIAMI UBER ACCIDENT LAWYERS
/in Car Accidents /by Mark KaireMany people in Miami and all across Florida prefer to use Uber and other ride sharing services instead of taxis, trains and buses for daily transportation needs. People find these services easier to use and cheaper compared to other modes of transportation.
If a driver of an Uber hit you while you were driving, biking or walking or if you were a passenger in an Uber which was involved in an accident, you should treat it like any other accident and immediately seek help from an experienced Miami Uber accident lawyer.
If you have been the victim of an accident involving a Uber, our team of Uber accident lawyers recommends that you do the following:-
UBER’S INSURANCE POLICIES.
Uber considers “ three periods” while determining eligibility for coverages. Whether the accident is covered depends on when the accident took place, as detailed below:
This period starts when the app is turned on and the driver is awaiting ride requests. In this period, drivers receive limited liability coverage ($50,000/ per person/ $100,000 total/ $25,000 property damage). For all other types of coverage, drivers are required to have own personal insurance.
Period two begins when the driver goes to pick up a passenger. Uber provides handsome coverages in this period with up to $ one (1) million of liability coverage and full coverage for vehicle damages. Uber demands proof that a driver was on course to pick up a passenger when the accident occurred. If the driver fails to provide sufficient proof, Uber can claim driver was in period one.
This period is active during the time a passenger is in the vehicle. This is probably the easiest period for a Miami Uber accident lawyer to prove. Presence of a passenger makes insurance claims of both the passenger and the driver almost undeniable. In such cases, attorneys will be able to negotiate fair settlement terms without much resistance. Coverages are similar to those in period two.
COMMON CAUSES OF UBER ACCIDENTS.
Government agencies and ride sharing services like Uber work together to ensure road, vehicle, driver and passenger safety, yet accidents involving Uber and other ride hailing services continue to rise. Some major factors that contribute to these accidents are:-
1. Driver errors.
The most common errors of Uber drivers that lead to accidents are as follows:
2. Uber and other ride sharing service companies contracting unfit drivers.
3. Failure of Uber and other ride sharing services to train and supervise their contracted drivers.
4. Failure of Uber and other ride sharing services to inspect and maintain vehicles regularly.
5. Allowing or encouraging Uber and other ride sharing services drivers to work excessive driving hours.
6. Defective parts such as tires, wheels, brakes or axles.
TYPES OF INJURIES SUSTAINED IN UBER ACCIDENTS.
Most common Uber accident injuries are :-
STATUTE OF LIMITATION FOR FILING AN UBER ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing an accident claim. An experienced Uber accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for Uber accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced Uber accident lawyer. In Florida, a victim is required to file a police report within ten days of the accident. It is also necessary to notify Uber or Lyft about the accident as soon as possible.
COMPENSATION FOR VICTIM OF A UBER OR LYFT ACCIDENT IN MIAMI.
Miami Uber and Lyft accident lawyers
eek additional compensation for injuries sustained.
Given below are the types of damages that a victim of a Uber accident may be able to recover:-
ECONOMIC DAMAGES.
In most of the Uber accident cases, the medical bills are the largest single expense incurred by the victim. Most of the compensation received by victims goes towards payment of medical costs.
After initial treatment and rehabilitation, victims of Uber and Lyft accidents often require further medical care in the future. It is necessary for victims to receive adequate compensation to take care of future medical costs.
A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business.
Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full time job to a part time job or move from a highly paid job to a lower remuneration job. In such cases, additional compensation is awarded.
Some injuries have life long implications on the health of a victim of an Uber accident.
In many cases, victim never recovers fully from his or her injuries.
NON ECONOMIC DAMAGES.
Injuries cause pain which can be extreme and debilitating. Such pain Is accompanied by emotional suffering and stress. Florida law allows victims to collect compensation for such sufferings.
Additional mental and emotional illnesses can arise from injuries sustained in a Uber accident. Emotional distress, if proven by experts can support a victim’s claim for compensation.
Injuries sustained in Uber accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection and companionship. Under loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained.
A victim of an Uber accident is entitled to receive compensation if he or she is unable to perform physical, social and recreational activities which he or she enjoyed performing before sustaining injuries in the accident.
WHY HIRE KAIRE & HEFFERNAN?
Our qualified and experienced Uber accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of Uber accidents in Miami and all across Florida.
Accident cases involve complex and intricate legal concepts. If you hire our Miami Uber accident lawyers, you can expect the following:-
1. THOROUGH INVESTIGATION OF THE ACCIDENT.
Our Uber accident lawyers compile and analyze evidence such as:
2. CONSULT EXPERTS FROM VARIOUS FIELDS.
Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
3. DETERMINE ADEQUATE COMPENSATION.
Our Miami Uber accident lawyers collect, review and document medical records of a victim which are essential in determining adequate compensation that he or she is entitled to.
4. SEEK A TIMELY SETTLEMENT.
Our team of Miami Uber accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
Our Florida Uber accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.
5. TAKE YOUR CASE TO COURT.
If the need arises, our team of Uber accident lawyers in Miami are prepared to take the case to court for trial.
CONTACT A MIAMI UBER ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of an Uber driver, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Uber accident lawyer at our firm for a free case evaluation right away.
MIami Stroke Malpractice Lawyers
/in Medical Malpractice /by Mark KaireOur 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:
COMMON CAUSES OF STROKES.
A variety of medical conditions increase the risk of having a stroke. These include:-
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 :-
TYPES OF STROKES.
The three man types of stroke are,
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.
A hemorrhagic stroke occurs when an artery in the brain leaks blood or ruptures.
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:
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 :-
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:-
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
/in Personal Injury /by Mark KaireDog 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:
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?
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.
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.
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.
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 :-
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 :-
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 :-
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;-
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
/in Personal Injury /by Mark KaireChildren 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:-
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 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.
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 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.
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.
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.
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.
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:-
If a child is injured or harmed due to the lack of reasonable supervision, the failure to supervise reasonably amounts to negligence.
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.
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.
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 :-
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:-
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
/in Construction Accidents /by Mark KaireThe 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 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.
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.
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.
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.
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.
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:-
TYPES OF INJURIES SUSTAINED IN CONSTRUCTION ACCIDENTS.
Most common construction accident injuries are :
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:-
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,
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:
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
/in Car Accidents /by Mark KaireAll 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:-
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.
It is important to call emergency services and the Police to report the accident.
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.
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.
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.
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:
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:-
TYPES OF INJURIES SUSTAINED IN TRUCK ACCIDENTS.
Most common truck accident injuries are :-
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.
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.
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.
A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business.
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.
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.
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.
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.
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.
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:
2. CONSULT EXPERTS FROM VARIOUS FIELDS.
Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
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
/in Car Accidents /by Mark KaireWalking 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:-
Drivers owe a duty of care towards pedestrians and others on the roadway when they get behind the wheel of a vehicle.
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.
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 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:-
TYPES OF INJURIES SUSTAINED IN PEDESTRIAN ACCIDENTS.
Most common pedestrian accident injuries are :-
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:-
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:-
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 :
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
/in Car Accidents /by Mark KaireEvery 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:
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