Car Accidents

Calculating Loss of Future Earning Capacity In a Personal Injury Claim

Calculating Loss of Future Earning Capacity In a Personal Injury Claim¿ When an individual suffers severe injuries that have the potential to affect that person’s future employment ability, that individual has the right to sue the actor responsible for damages with respect to their loss of future earnings. What happens when the injured party is an athlete, or a CEO…

Medical Malpractice Statute of Limitations Case Law Update

Medical Malpractice in Florida is a virtual minefield that requires Medical Malpractice Lawyers to navigate the complex pre-suit process and the complex statute of limitations scheme.   The statute of Limitations for medical malpractice claims is  two (2) years.  The ambiguity centers around when the clock starts ticking on the two (2) year period.   Florida Statute 95.11(4)(B) states: An…

Who is At Fault In a Rear-End Collision?

Rebutting the Presumption of Negligence on Rear-End Collisions If you drive on I-95 or the Palmetto expressway in and around Miami there is a chance you have been involved in or witnessed a rear end collision. Rear End collisions are a daily occurrence.  It is well-established that a Rear end collision creates a rebuttable presumption that the rear driver was…

What to Do When You’ve Been Hit by an Uninsured Driver

Any car accident is scary. You’re driving along when — BOOM! — your car crumples. Whether or not you suffer injuries, you will likely be shaken up by this type of collision. When the at-fault driver doesn’t have car insurance, however, your feelings of fear may quickly turn to despair. How are you going to get your car fixed?  Who…

Who Is at Fault for Left-Hand Turn Accidents?

You may have heard this odd fact at some point: UPS trucks rarely make left turns. In addition to being a fun bit of trivia, there is a good reason why UPS drivers avoid left turns: they are both dangerous and they waste fuel. But unless you drive a UPS truck, you probably make left-hand turns when driving. The National…

Florida Ranks 4th in Country for Worst Drivers

Florida drivers have moved up on the list for worst drivers. Unfortunately, and not surprisingly, it’s in the wrong direction. A recent study by SmartAsset, ranked Florida drivers as fourth-worst in the U.S. In truth, the Sunshine State tied for the same position with Texas and Nevada. The last study compiled ranked Florida as the eighth-worst state for drivers overall.…

TODDLER FOUND DEAD IN DAYCARE PRE-SCHOOL VAN

Another tragedy in South Florida. On Monday, July 29, 2019, a two year old boy was found dead after being left in a van outside of a daycare center. The toddler had been picked up by the van from Ceressa’s Daycare and Pre-School in Oakland Park. He had been picked up early that morning and apparently never got out of…

Tiger Woods Dismissed from Wrongful Death Suit

Tiger woods was named as a defendant in a wrongful death lawsuit.  On June 12, our blog examined Tiger Woods’ potential liability in the wrongful death suit.  The lawsuit was filed on behalf of an employee of a restaurant that Woods invested in. That blog post can be found here. Based on our analysis of the facts of the case,…

FLORIDA’S DEADLY RAILROAD CROSSINGS

Over the past two decades, Kaire & Heffernan has helped hundreds of Florida citizens injured as pedestrians, bicyclists, motor vehicle drivers and passengers.  Now there is another risk for Floridians as people are being killed at Florida railroad crossings almost weekly. In the U.S., a train hits a person or vehicle every three (3) hours, according to a Forbes report. …

Tiger Woods Faces Wrongful Death Suit

Nicholas Immesberger worked as a bartender at The Woods in Jupiter, Florida. In December of 2018, on his way home from work, Immesberger was involved in an automobile accident that resulted in his death. His blood alcohol level was three times over the legal limit. This last May, Immesberger’s family filed a wrongful death lawsuit against The Woods, Tiger Woods,…