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.
Driver Hits Four Cyclists On The MacArthur Causeway
/in Bike Accidents /by Mark KaireYet another cyclist injured in South Florida. At approximately 5:40 PM, a driver in a 3 wheel car hit Four cyclists who were on the sidewalk.
The crash occurred near the Terminal Island stop light, where people turn to head for the Fisher Island ferry or the U.S. Coast Guard station.
Miami Beach police said one woman has been flown to Ryder Trauma Center at Jackson Memorial Hospital with a head injury.
This is an all too often occurrence. We are cyclists and lawyers, so these accidents hit particularly close to home. We have been called too often to represent individuals and families who have needlessly lost loved ones.
It is time for the city and county to make meaningful changes to our roads.
It is time to pass legislation with stricter penalties for distracted driving.
It is time to make Bodily Injury Liability Insurance coverage mandatory.
Our thoughts go out to the injured cyclists.
How Do I Get My Medical Records?
/in Bike Accidents, Car Accidents, Medical Malpractice, Personal Injury /by Mark KaireThe first step in any Medical Malpractice or Personal injury Lawsuit is to review the Medical Records.
Medical records are crucial because they can make or break the case. Your medical records are needed to prove your injuries, the severity of your injuries, and the treatment that you received. If you enlist the services of a medical malpractice attorney, your attorney requires them to:-
Medical record retrieval can be a time-consuming and labor-intensive process.
A PATIENT’S RIGHTS UNDER HIPAA.
The State and Federal laws govern how you and others may access your medical records. The federal Health Insurance Portability and Accountability Act (HIPAA) ensures your right to privacy, limiting who can access and receive your private medical information. The HIPAA has also established a regulatory framework for accessing your medical records which includes:-
REQUESTING YOUR MEDICAL RECORDS.
Most hospitals and health-care providers have HIPAA compliant forms that they will ask you to fill before releasing your medical records. Requests for your medical records must be made in writing by you or by your representative. If you are represented by an attorney, your attorney can request your records and send them to the insurance company.
USEFUL TIPS FOR RETRIEVING MEDICAL RECORDS.
We possess the expertise and experience to retrieve, secure, and organize medical records. We suggest:-
A single error may lead to a delay in getting your request processed. The wording you use can impact your medical record retrieval request. You will need to know the records you are looking for and need to know how to ask for them successfully.
Medical records retrieval can be an expensive process. Even though HIPAA has laid out guidelines for medical service providers to charge fairly, a lot of instances of ‘unreasonable fees” being charged are common.
It is important to identify and locate the department from which you wish to retrieve your medical records. Call and verify the details before sending a request to the right department at their correct address.
Collecting unnecessary records can be time-consuming and an expensive exercise. Request records that will validate and strengthen your claim.
As per federal laws, requests must be met by medical service providers within 30 days of providing a record request receipt. Gentle reminders can be sent from time to time to speed up the process. If the medical service provider has an online portal, register on it to track the status of your request.
It is important that you properly organize your obtained medical records to use them more efficiently and effectively. This enables you or your attorney to find necessary information quickly for preparing and presenting your case.
THE MEDICAL RECORDS THAT YOU NEED TO RETRIEVE.
Our Miami Medical Malpractice Lawyers deal with medical records quite frequently. They know how to navigate through the complex and complicated environment of protected health information. According to our skilled and experienced lawyers, the most common pieces of medical documentation that will play an integral role in a personal injury claim besides incident reports and photo, video, and audio documentation include;-
Insurance companies rely on medical records to validate injury claims. Insurance companies may ask you to sign a release form before they process your claim. Although HIPAA protects against the unauthorized release of private medical information, some insurance companies can go through your past medical records to find something that they can use to deny or minimize your claim. We do not recommend that you give any Insurance Company a blank authorization for your medical records. If you are giving the insurance company an executed authorization, make sure it is limited to a specific provider.
You should consult a Medical Malpractice lawyer before signing any release forms or giving any statements to insurance companies. As most attorneys represent victims on a contingency fee basis, it is in your best interests to enlist the services of an experienced Miami Medical Malpractice lawyer to seek adequate compensation for damages sustained.
Miami Slip And Fall Accident Lawyer
/in Personal Injury /by Mark KaireMore than one million slip and fall accidents occur in the United States every year. People suffer traumatic brain injuries, fractures, and other life-altering outcomes which require surgeries and rehabilitation. Slip and fall accidents cause death and also result in many lawsuits being filed.
Property owners and their employees have to deal with a lot when it comes to day-to-day running of their premises. Each property has it’s own vulnerabilities and concerns. Careful attention to injury-prevention and safety of employees, customers, and visitors is essential for the continued success of any business.
LIABILITY IN A SLIP AND FALL ACCIDENT.
A very large percentage of slip and fall accidents are caused due to some sort of failure on another parties’ behalf. This could be the other party’s failure to clear debris, maintain even walkways, clear spilled water regularly, or not warning people of hazards . For your claim to succeed, you will need to prove the following elements:-
You will have to prove by the greater weight of the evidence that:
If you or a loved one has been injured or seriously hurt after slipping, tripping or falling on someone else’s property because of the owner’s negligence, you are entitled to receive compensation for medical bills, time you were off-work and even for pain and suffering. Contact an experienced Miami slip and fall accident attorney to help you get adequate compensation.
STEPS TO TAKE RIGHT AFTER A SLIP AND FALL ACCIDENT.
If you or any of your loved ones have been in a slip and fall accident, it is important to remember and follow these steps after the unfortunate incident:-
Even if you feel ‘fine’ or feel you can ‘tough it out’, seek medical attention as quickly as possible. Medical evaluation ensures that injuries you have suffered are diagnosed and treated immediately. It also helps you to document your accident and injuries through medical records.
Report the accident to the appropriate and liable party. These may include a landlord, a commercial property owner, a store employee, a manager, or his supervisor. You should ask the concerned person to make a written report containing details of the incident, your statement, witness reports, and their contact information. Request a copy of their report for your records.
If possible, document the scene of the accident. Write a description of what occurred while details of the accident are still fresh in your mind. Take photographs of the location as property owners or their employees might try to remove the dangerous and hazardous conditions after you report the accident.
Insurers or representatives of the property owners may try to lure you into making a quick settlement. You have the right to decline to make statements to them. You can choose to communicate through an attorney instead.
Initial consultations with attorneys are free. Experienced attorneys like us possess decades of experience and extensive resources to take on property owners and their insurers, who will try to pay you as little as possible or nothing.
IMPORTANT FACTS ABOUT SLIP AND FALL ACCIDENTS IN MIAMI.
DANGEROUS AND HAZARDOUS CONDITIONS ON A PROPERTY.
There are numerous dangerous and hazardous conditions that can cause injuries to employees, customers, and visitors if they are not removed or fixed right away. These conditions include:-
COMMON MISTAKES THAT CAN COMPROMISE YOUR SLIP AND FALL CLAIM.
If you have been a victim of a slip and fall accident, common mistakes that you should avoid include:-
DAMAGES THAT YOU CAN CLAIM IN AN SLIP AND FALL ACCIDENT IN MIAMI.
The Past and Future damages that you can claim include:-
In addition to the above, our nationally-recognized slip and fall accident lawyers seek to recover maximum compensation for the victim of an accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. Our skilled attorneys seek compensation for damages such as:-
CONTACT A MIAMI SLIP AND FALL LAWYER AT OUR NATIONALLY ACCLAIMED FIRM.
If you or your loved one has been injured in a slip and fall accident anywhere in the country due to the carelessness or negligence of a property owner or his or her staff, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Slip and Fall Lawyer at our firm for a free case evaluation right away.
Miami Bicycle Accident Lawyer
/in Bike Accidents /by Mark KaireAt Kaire & Heffernan, we are avid cyclists and all too familiar with Miami bicycle accidents. Bicycle riding is a popular year round activity in Florida. Residents here cycle for commuting to work, exercise and fun. This popularity also puts bicyclists at a higher risk of getting injured in an accident. Florida is ranked at the top in fatal bicycle accidents. According to the National Highway Traffic Safety Administration (NHTSA), out of approximately 850 cyclists killed every year in the United States, 125 deaths occur in Florida.
Other studies have revealed eye-opening facts about bicycle accidents such as:-
For most victims of bicycle accidents, pursuing a Bicycle Accident Claim can be intimidating. Many victims question whether their case is strong enough, or whether their injuries are serious enough for them to hire a lawyer to represent them. Others fear that the entire process will be an expensive exercise(no pun intended).
At Kaire & Heffernan, we believe in representing all cyclists-whether your claim is large or small-we feel we owe it to the cycling community. If you are not injured, we will gladly help you with any damage claim for your bicycle-free of charge. If you have been injured because of someone else’s negligence, you can seek compensation by filing a personal injury claim against the person responsible for your injury. A bicyclist may be entitled to receive compensation for medical costs, lost income, pain and suffering and other losses.
WHY IS IT NECESSARY TO HIRE A MIAMI BICYCLE ACCIDENT LAWYER?
If you opt not to hire a bicycle accident attorney, insurance companies are likely to not take your claim seriously, and will try to offer you less compensation than you deserve. They may even try to coerce you in admitting fault. An experienced Florida Bicycle Accident lawyer is aware of every trick that insurance companies have up their sleeves to lower the amount of compensation you receive. A bicycle accident lawyer will effectively negotiate with these insurance companies on your behalf to help you get adequate compensation.
COMPENSATION FOR BICYCLISTS IN MIAMI.
Many people are unaware that bicycle accident victims and even pedestrians injured by a motor vehicles are entitled to recover Insurance benefits for personal injuries under their own auto insurance policies. Florida law provides bicyclists the same legal protection that is applicable to motor vehicles. Bicyclists are required to abide by the same rules that apply to motorists.
The amount of money a victim of a bicycle accident receives in a bicycle accident settlement or lawsuit is compensation for what are called ‘damages’. Damages are the costs that a victim has incurred, or losses suffered, as a result of the accident.
The primary types of damages a victim is entitled to receive are economic and non economic damages. Calculating your damages, which are a combination of your financial losses, physical injuries, and emotional injuries is something that a trained and experienced personal injury lawyer in Miami can help you with.
Often times victims underestimate the value of their damages, or forget to include significant expenses incurred. It’s in the best interests of a victim to enlist the services of an experienced Miami bicycle accident lawyer to help him or her get adequate compensation.
WHEN IS THE RIGHT TIME TO FILE A BICYCLE ACCIDENT LAWSUIT?
Although it is important to file a lawsuit at the earliest , we advise victims to wait until their injuries are fully healed before they approach the insurance company with a settlement demand or file a civil lawsuit to recover compensation. A victim should know the exact amount he or she should be compensated for. A victim would want to know for sure if life long care is needed or if he or she can be able to work again before they demand settlement or file a lawsuit. Florida statute of Limitations for bicycle accidents due to negligence is four years after the accident occurred. Residents of Florida have four years from the date of the accident to initiate a civil lawsuit to recovered compensation for injuries sustained.
WHILE YOU RECOVER, WE WILL PREPARE A STRONG CASE FOR YOU.
Our team of compassionate lawyers will spend time with you and your family in an effort to understand your emotional and physical injuries. We also focus on your future needs and future plans. This information provides a basis for determination of the non economic damages such as pain and suffering, and emotional distress that you intend to seek as compensation. We let you rest and recover while we undertake the tasks of collecting vital evidence and calculating the value of your damages.
Our team of experienced and skilled bicycle accident attorneys will:-
SAFETY TIPS FOR BICYCLE RIDERS IN FLORIDA.
While representing bicycle accident victims over the years, we discovered that taking safety precautions saved many victims from sustaining life threatening injuries . We have chosen a few safety tips which we feel are important. They are :-.
CONTACT A MIAMI BICYCLE ACCIDENT LAWYER.
If you or your loved one has been injured in a bicycle accident due to the carelessness or negligence of someone else, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced bicycle accident lawyer at our firm for a free case evaluation right away.
Miami Nursing Home Negligence Lawyer
/in Nursing Home Abuse /by Mark KaireThe American population is aging rapidly. More then 50 million people in the country are older than 65. Older people are susceptible to contagious illnesses due to compromised immune systems. Compared to the young, the elderly experience more severe symptoms and undergo longer recovery periods. Some of the most vulnerable individuals in our society live in nursing homes.
Nursing homes have a duty to provide reasonable care for residents and protect them against future illnesses. When they fail to do this, they can be held accountable for harm caused to the residents. If you believe that your loved one is receiving inadequate care at a nursing home due to negligence and carelessness of the nursing home staff and management, you should enlist the services of an experienced nursing home negligence attorney to bring about a claim for negligence against the liable parties.
Negligence can take many forms in a nursing home, from failure to provide adequate treatment to not providing a healthy environment to its residents. Incidents of nursing home negligence are rarely reported to the proper authorities. Residents are reluctant to complain out of fear of retaliation from nursing home staff or embarrassment. The elderly are vulnerable and often unable to defend themselves. Many are too afraid to come forward when they become victims of neglect and mistreatment.
Nursing home negligence occurs when :-
Nursing homes have a duty of care towards their residents. They are required to maintain certain standards and procedures which include properly assessing the health of each resident and catering to the residents’ basic needs. Each resident requires a personal care plan in place which if followed diligently, will help prevent injuries and ensure needs of residents are met.
As residents live in close proximity to each other and share the same sources of air, food, water and health care, there is every possibility of contagious diseases spreading. Visitors, caregivers, suppliers and support staff can also spread infections.
COMMON WARNING SIGNS OF NURSING HOME NEGLIGENCE.
On visits to the nursing home, it is necessary to look around and see if the premises are clean and safe. It is also important to observe if other residents are healthy and cheerful or not. If you suspect that a loved one is a victim of negligence after being placed in a nursing home, then be sure to look at the following common signs,
If you notice any sign of Nursing home negligence, you should do the following right away:-
STATUTE OF LIMITATION IN FILING A CLAIM FOR NURSING HOME NEGLIGENCE IN FLORIDA
There are specific time limits, restrictions and rules for filing a nursing home negligence claim. An experienced nursing home negligence lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.
If you suspect that a loved one has been a victim of negligence while staying in a nursing home, your first reaction should be to seek the best treatment for your loved one and then contact a Miami nursing home negligence lawyer who can quickly sort out your case and determine the future course of action.
One of the most important aspects of filing a Civil Lawsuit is the need to file it within the Limitation period. In Florida, a Civil Lawsuit for Nursing Home negligence should be filed within two years of discovery of the neglect.
COMPENSATION FOR VICTIM OF NURSING HOME ABUSE IN MIAMI.
Our Miami nursing home negligence lawyers seek to get maximum compensation for the victim of Nursing home negligence and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
If your loved one has been a victim of Nursing home negligence, it is your moral duty to take action against the perpetuators of such negligence and bring them to justice. If the nursing home is found liable, you would be entitled to claim and recover compensation and damages on behalf of the victim. The victim may be entitled to receive a settlement for following expenses and damages :-
In a Nursing Home Negligence Lawsuit, the case may be filed against both the employees and the Nursing Home itself. Under the doctrine of Vicarious Liability, the Nursing home would be responsible for the actions of its employees.
WHY HIRE KAIRE & HEFFERNAN ?
Our qualified Attorneys possess in depth knowledge and experience in recovering compensation through verdicts and settlements for victims of nursing home negligence in Miami and all across Florida. We know how to effectively deal with Attorneys and Insurance Companies that represent Nursing Homes and their employees.
We know how to obtain and review medical records and have access to the best medical experts. Our team of Miami Nursing Home Negligence Attorneys does the following for our clients while investigating a claim:-
CONTACT A MIAMI NURSING HOME NEGLIGENCE LAWYER.
If your loved one has been a victim of Nursing Home negligence, such a victim deserves to be duly compensated for the injuries suffered and other damages. Call our Miami Nursing Home Negligence Attorneys for a free case evaluation right away.
Unfortunately, violent crime is on the rise. As of December 24th, 2020, Officials recorded 272 homicides in Miami-Dade County, up 31 cases from all of 2019, records show — up from 232 in all of 2017, and 252 in 2015.
The increase is attributable to many factors, not the least of which are:
Knowing that violent crime is on the rise, property owners and business establishments need to take reasonable steps to protect their guests from the foreseeable crimes.
Florida negligent security laws require property owners to make sure that their properties are safe for patrons. The property owners including apartment owners, hotel owners, nightclub owners or retail business owners should take adequate steps to prevent foreseeable criminal acts of third parties on their premises.
If a property owner disregarded measures that could have been instrumental in the prevention of a crime that resulted in injuries to a victim, such a victim may be eligible to seek compensation.
If you or a loved one has been a victim of a crime as a result of negligent security, consult a knowledgeable and experienced Miami negligent security attorney to inquire about your legal rights, and whether you are entitled to hold the owner of the property where the attack or assault occurred accountable.
CAUSES OF NEGLIGENT SECURITY.
Some common causes of negligent security include:-
REQUIREMENTS OF A NEGLIGENT SECURITY LAWSUIT.
In order to succeed in a negligent security lawsuit, a victim will need to prove the following :-
PLACES WHERE INCIDENTS OF NEGLIGENT SECURITY OFTEN OCCUR.
Common sites named in negligent security claims include:-
CRIMINAL ACTIVITIES REPORTED IN NEGLIGENT SECURITY CLAIMS.
Criminal activity that is commonly seen in negligent security claims include:-
The crimes committed in negligent security claims are of a serious nature. If property owners failed to maintain adequate security measures on their properties, then they may be held liable for injuries sustained and costs incurred from such injuries.
STATUTE OF LIMITATIONS FOR FILING A NEGLIGENT SECURITY LAWSUIT IN FLORIDA.
There are specific time limits, restrictions and rules for filing a negligent security claim. An experienced negligent security lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.
Florida statute of Limitations for filing a negligent security lawsuit is four years from the time of the injury. In Florida, premises liability lawsuits must be filed within four years after the cause of action occurred.
It is in the best interests of the plaintiff to enlist the services of an experienced Miami negligent security lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be located and interviewed. Numerous records have to be collected and opinions of premises liability experts have to be sought.
COMPENSATION FOR VICTIM OF NEGLIGENT SECURITY IN MIAMI.
Our Miami negligent security lawyers seek to secure maximum compensation for the victim of negligent security and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
Compensation awarded in a negligent security claim can help cover medical expenses, long term medical care, and other damages.
Our Miami negligent security lawyers help victims recover:-
WHY HIRE KAIRE & HEFFERNAN?
Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his or her family to navigate through complex and intricate negligent security and premises liability laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of negligent security in Miami and all across Florida.
Our team of negligent security lawyers in Miami are experienced at :-
Our team of Miami negligent security lawyers know how to effectively deal with Attorneys and Insurers of the property owners who try to deny the plaintiff’s claim or reduce the claim value significantly.
CONTACT A MIAMI NEGLIGENT SECURITY LAWYER.
If you or your loved has been attacked, sexually assaulted or robbed at weapon-point while in an apartment complex, a parking lot, a concert or outside of a restaurant, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced negligent security lawyer at our firm for a free case evaluation right away.
Safety Tips During Holiday Shopping
/in Negligent Security, Personal Injury /by Mark KaireWhen holiday shopping it is important to plan ahead. With the rise of Covid cases, many stores are anticipating less in-store shopping and more online shopping. In anticipation of this and to decrease the amount of people in-store on a specific day, many stores have opted to spread out their Black Friday sales by having weekly and in some cases, daily sales. While this has lessened the chances of huge crowds gathering in-store on the Nationally known “Black Friday”, the potential of many shoppers gathering in-store is still a factor. If you plan to do your Christmas shopping in-store, be sure to do so in a safely. We have some helpful tips for you to assist with this.
STAY SAFE ON THE ROAD DURING THE HOLIDAYS: PLAN AHEAD
Plan for heavier traffic. Make sure you have a secondary route to and from your destination, alternate routes are available at Mapquest or Google Maps. You also want to check out the weather for that day. Take the weather into consideration when planning when you will be traveling to make your holiday purchases and to arrive safely. With more drivers on the road, certain weather conditions such as rain may cause delays in your travel. Plan to leave your house early to avoid being in a rush or having to be out and about while it is dark out as much as possible.
CHECK YOUR CAR TO AVOID ACCIDENT OR BREAKDOWN
Before you start your shopping excursion, always be sure to make sure your vehicle is good operating condition. You never want to have to stop in the middle of your shopping trip to have to maintain your vehicle. Some things you want to check are engine oil, other fluids in your car, air pressure in your tires, tire wear, the battery, and you always want to make sure that all of your lights are working. You don’t ever want to be left stranded with all of your purchased Christmas gifts loaded in your vehicle.
AVOID DISTRACTIONS TO PREVENT CAR ACCIDENTS
If you are unsure of how to get to where you are going, set your GPS prior to leaving your house. Minimize phone use by making sure your phone is synced up to your vehicle’s Bluetooth prior to leaving your home as well. Make sure to get plenty of rest the night before your shopping trip as fatigue causes distraction and irritation. Always make sure to stop to eat as well because we all know being “hangry” is a real thing and can be very distracting.
PACK ESSENTIALS FOR YOUR SHOPPING AS WELL AS INCASE OF AN ACCIDENT
With all the different changes in 2020, your essentials to pack for your shopping trip will have changed as well. Your list of items probably only consisted of things like:
PARKING LOTS CAN BE DANGEROUS
Remember that malls and shopping center parking lots are prime targets for car theft, and robberies. Always park in a spot where there is plenty of light and if possible, park close to your destination. Avoid parking next to vans, trucks with camper shells, or cars with really tinted windows. Take note of where you parked and what store entrance it is closest to if parking at a mall or shopping center. Always double-check that all of your windows are closed and doors are locked. If you are making multiple stops, make sure to store your shopping bags in the trunk.
We have many years in handling personal injury claims and if you have been injured through no fault of your own, we can help. Don’t hesitate to reach out for a free in depth personal injury consultation.
Miami Surgical Malpractice Lawyer
/in Medical Malpractice /by Mark KaireIn most personal injury cases, the facts can be discovered through testimony of Independent witnesses, the injured party, camera footage, police investigation and other easily accessible forms of evidence.
In surgery malpractice cases, the victims are sedated and effectively unavailable as witnesses to the malpractice. Victims have no memory or have just a muddled recollection of the events, or they do not possess the medical knowledge to understand what occurred or what should have occurred. The medical fraternity is rarely forthcoming enough to report errors committed by them.
Consequences of surgical errors can be devastating. An injury caused due to the medical negligence of a Surgeon or a member of the surgical team can result in mounting medical bills and loss of enjoyment of life for the victims. Doctors, hospitals and their insurance companies try to shift the blame, cover up the negligence and try to protect themselves from the ensuing liability.
Our qualified and experienced surgery malpractice attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex malpractice laws of Florida. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of surgical injuries in Miami and all across Florida.
SURGERY MALPRACTICE.
When a surgeon or his or her surgical team fails to perform surgery or fails to provide pre-operative or post-operative treatment in accordance with accepted medical standards and it results in injury, harm or death to a patient, surgery malpractice has occurred.
The injured patient must prove that while undergoing a surgical procedure, a surgeon or a member of his or her surgical team acted negligently in rendering reasonable care, and that such negligence resulted in injury. For this the victim has to enlist the services of an experienced Miami surgery malpractice lawyer who is willing to take on doctors, hospitals and their insurance companies who possess immense political clout as well as financial might.
The following four elements need to be proven to constitute a surgery malpractice:-
In a surgery malpractice claim, the first element which a plaintiff must prove Is that the defendant owed the plaintiff a duty of care. This duty arises from a doctor-patient relationship, in which the Surgeon assumes the obligations associated with caring for his or her patient.
The plaintiff must prove that the defendant’s care was below the applicable standard of care. It can also mean that, though the act was appropriate, it was performed in a negligent manner.
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.
A 2012 JOHN HOPKINS MALPRACTICE STUDY DISCOVERED STARTLING FACTS REGARDING SURGICAL ERRORS WHICH INCLUDED :
COMMON SURGICAL ERRORS.
Examples of surgical errors that may constitute a malpractice include:-
COMMON INJURIES DUE TO SURGICAL ERRORS.
INFORMED CONSENT REQUIREMENTS BEFORE SURGICAL PROCEDURES.
A Doctor or a Surgeon is not supposed to perform a risky surgical procedure without explaining the risks of the procedure to the patient.
In Florida, the informed consent law requires that the patient be advised of three things namely,
After being informed of this requirement, if the patient consents, then informed consent is said to have been taken. In Florida, if a doctor or any healthcare provider fails to obtain the informed consent of the patient before a procedure and if the patient suffers an injury as a result, the doctor may be liable under theory of Medical Battery.
STATUTE OF LIMITATIONS IN FLORIDA FOR SURGERY MALPRACTICE LAWSUITS.
There are certain specific time limits, restrictions and rules for filing a surgery malpractice lawsuit in Florida. An experienced Florida Surgery Malpractice lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.
The strict procedural requirements in the Florida Comprehensive Medical Malpractice Reform Act reflects a legislative intent to curtail frivolous claims, promote settlements, and reduce high costs of medical malpractice insurance.
Under Florida law, ordinary Negligence cause of actions are subject to a four year statute of Limitations. Florida has codified a two year statute of Limitations for medical malpractice causes of action.
A victim of a surgery malpractice has 2 years from the date of the negligent surgical procedure or 2 years from the discovery of injuries suffered due to the surgery malpractice to file a lawsuit.
STATUTE OF REPOSE.
This Statute sets the deadline for maximum amount of time a victim has to file a lawsuit. Under Florida laws, after four years, a victim of a surgery malpractice cannot file a lawsuit.
Exceptions to the statute of Repose are:
COMPENSATION FOR VICTIMS OF A SURGERY MALPRACTICE IN MIAMI.
Florida malpractice laws permit three forms of compensation which can be awarded by verdict or negotiated through settlement. These are :
These include past, present and future medical expenses, loss of wages, loss of employment or business opportunities. Such damages are quantifiable and reimbursable. Expenses incurred on personal attendants, life care planners and expert witnesses can also be sought in damages.
This include damages for loss of enjoyment of life, mental and physical 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 involving surgical errors is a very specialized area of law. Our team of Miami surgery malpractice lawyers are experienced at examining, preparing and presenting complicated and complex medical evidence. Insurance companies of doctors and hospitals possess considerable financial resources which they utilize to hire the best defense attorneys who aim to prevent you from receiving the adequate compensation that you deserve if you have been a victim of a surgery malpractice. It is necessary to have a competent Florida surgery malpractice attorney by your side to take on large insurance companies and their attorneys.
Our team of competent Florida surgery malpractice lawyers carry out the following duties for our clients:-
CONTACT A MIAMI SURGERY MALPRACTICE LAWYER.
If you or a loved one has been injured due to the negligence of a surgeon or his or her assisting surgical team in Miami, you deserve to be compensated adequately for the injuries suffered and other damages. Call an experienced surgery malpractice Lawyer at our firm for a free case evaluation right away.
TEXTING AND DRIVING ACCIDENTS IN MIAMI
/in Car Accidents /by Mark KaireDo not send that text while driving. Remember, driving is a privilege, not a right. Every driver has a legal obligation to act in a manner prescribed by law. Failure to do so can result in an accident. Distracted driving is anything that takes an individual’s hands off the wheel, eyes off the road, or mind off driving. It is risky behavior that endangers everyone on the road. Distracted driving is often referred to as the new drunk driving.
DISTRACTED DRIVING STATISTICS IN FLORIDA.
Distracted driving is a form of negligence. Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”
To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-
All drivers owe a duty of care towards other drivers, passengers, pedestrians and others on the roadway when they get behind the wheel of a vehicle.
The 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 distracted, it has to be established by a preponderance of the evidence that his or her act of negligence was the main cause of the car accident.
The plaintiff will have to establish that he or she suffered damages due to the breach of duty by the Defendant. Damages may include physical injury, pain and suffering, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.
TYPES OF DISTRACTIONS.
Anything that diverts a driver’s attention away from the road is a distraction. These distractions can be categorized Into three types:-
Distractions that cause a driver to take his or her eyes off the road. These include,
Distractions that involve a driver taking his hands or hand off the steering wheel. These include,
Distractions that take a driver’s mind off the road. These include,
The Florida Department of Highway Safety and Motor Vehicles has partnered with the Department of Transportation and law enforcement agencies to educate Floridians about distracted driving laws through the “ Put it down, focus on driving” campaign.
The ‘Wireless Communications while driving law’ came into effect from July 1, 2019. This law empowers law enforcement agencies to stop motor vehicles and issue citations to motorists who breach the distracted driving laws. A person is required by law not to operate a motor vehicle while using a wireless communications device.
WHAT TO DO AFTER BEING INJURED BY A DISTRACTED DRIVER?
If you are injured in an accident with a distracted driver, it is important to remain calm and follow these steps:-
Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of car accidents due to distracted driving in Miami and all across Florida.
TYPES OF INJURIES SUSTAINED IN CAR COLLISIONS/ CRASHES.
Car accident injuries involving distracted driving vary from person to person, and from crash to crash. Most common injuries are :-
STATUTE OF LIMITATIONS FOR FILING A DISTRACTED DRIVING ACCIDENT LAWSUIT IN FLORIDA.
There are specific time limits, restrictions and rules for filing a accident claim. An experienced distracted driving accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for distracted driving accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida.
It is in the best interests of the plaintiff to enlist the services of an experienced Miami Motor Vehicles Accident lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR VICTIM OF A DISTRACTED DRIVING ACCIDENT IN MIAMI.
Our Miami distracted driving accident lawyers seek to get maximum compensation for the victim of an accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
A victim can file a claim with his or her own insurance company or the at-fault driver’s Insurance company, but policy coverage may limit the amount of compensation a victim recovers.
Filing a Personal Injury Lawsuit is the best option to recover damages. Our Miami Distracted Driving Accident lawyers help victims recover:-
Florida, being a Comparative Fault State, allows a person to recover damages irrespective of his or her degree of fault. A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.
Compensation awarded in such a claim can help cover medical expenses, long term medical care, and other damages, not covered by Florida Personal Injury Protection Insurance Plans.
Florida is a ‘No Fault’ car insurance state which means that each person’s Insurance Company pays for their own medical expenses, regardless of fault. The amount of no-fault benefits is typically limited to $10,000.00.
WHY HIRE KAIRE & HEFFERNAN?
Car accidents due to distracted driving involve complex and intricate legal concepts. If we represent you, our attorneys will carefully investigate the cause of the accident. Our Florida distracted driving accident attorneys possess the ability and skill to subpoena cell phone records of those involved in the accident to determine whether the driver who caused the accident was talking on the phone or sending texts at the time of the accident.
Our team of personal injury lawyers in Miami are experienced at calculating the full extent of a victim’s expenses and damages. Our team works with the victim’s doctors to estimate future medical needs and their costs. Our lawyers are adept at collecting and protecting evidence. They know how to obtain and review medical records and have access to top auto industry experts in addition to accident reconstruction experts.
Our team of Miami distracted driving accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
CONTACT A MIAMI DISTRACTED DRIVING ACCIDENT LAWYER.
If you or your loved one has been a victim of a distracted driving accident in Miami, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Distracted Driving Accident lawyer at our firm for a free in depth case evaluation right away.
Miami Truck Accident Lawyer
/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.