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Can I Get Compensation After Hit & Run Perpetrator Escapes?

Sadly, Florida is one of the most dangerous places for a pedestrian to walk the streets. All of us know that if we’re hit, though, we have legal avenues available to compensate us financially for any injuries we incur. But it’s not always so simple. Take this example: a driver turns a corner too fast and doesn’t see you walking, then runs into you at a high speed. Later you find out you’ll need a half-dozen surgeries to make everything work right again. After that you’re looking at months, if not years, of physical therapy before you might be made whole again.

Even then, it’s not a certainty.

Normally we would sue the driver for any medical bills that resulted from the accident. In addition we might sue for any predictable medical bills that might arise in the future. We might sue for overall pain and suffering and emotional trauma. We might even sue for any wages we lost during our time in the hospital, or any diminished earning potential in the future.

But what happens when you get injured after being struck by someone who then fled the scene of the accident? What happens if that person is never found? Is there a way to find compensation?

There’s some good news.

If you own a vehicle yourself, then you probably (and hopefully) have car insurance. When the driver of a hit and run remains unidentified, you can still use the underinsured or uninsured motorists clause of your own insurance to cover all forms of compensation previously listed.

If you don’t own a vehicle, then things get a little bit more complicated. There’s still a shot to get reimbursed depending on where the accident occurred. For example, workers’ compensation should cover costs if the hit and run occurred on the job.

If you’re the family member of someone killed in a hit and run, then you also might be able to file suit against the perpetrator or find financial relief from the deceased’s insurance. Not only can you find compensation for all the aforementioned issues, but you can also collect for the deceased’s pain and suffering.

If you’re unsure of whether or not you can be covered through insurance after being injured in a hit and run where the driver was identified or not, then it works in your favor to find an experienced personal injury lawyer with whom to discuss your case. If you can make a claim, you’ll know it soon enough. Before you go, gather any relevant medical and billing information in addition to the documentation of any insurance you own.

Who Is Liable For An Injury On A Cruise Ship?

One of the highlights of Miami is the fact that is a port for many cruise lines. And while for most, a cruise in a relaxing vacation, on rare occasions accidents do happen. The biggest causes of injury on cruise ships include slip and fall accidents including falling overboard, fallen objects during rocky seas, swimming pool accidents,  and medical malpractice from the resident first-aid station.

Maritime laws are complicated and state laws do not apply. The only way a cruise ship can be held liable for an accident if it can be proven that the ship’s operator knew or should have known about the unsafe condition of the ship.

In order to protect themselves from lawsuit, many cruise lines have specific conditions within their tickets that limit the statute of limitations of filing a lawsuit. Passengers can sometimes have as little as 180 days to bring about a claim and then a year later file a lawsuit. It is important that if you believe that you were injured due to the negligence of the cruise line that you bring about your claim as quickly as possible and hire a personal injury attorney.

Specifically, when it comes to passengers falling overboard or disappearing from cruises (a sad but true reality), a family might be able to bring about a civil lawsuit. They can sue for economic and non-economic damages such as funeral expenses, emotional distress, and pain and suffering.

If you or a loved one has recently been a cruise sailing out of the port of Miami and have been injured in an accident on the cruise ship or during excursions, then contact our Miami personal injury law firm for a free consultation. Remember, we don’t get paid unless you do so there is absolutely no risk to you by contacting us now.

Is The Government Liable For Crumbling Infrastructure?

In a day and age during which an unheard of amount of money is spent on bolstering the U.S. military, and the government is experiencing a partial shutdown because no one wants to give Trump the $5 billion he wants for his wall, it should come as little surprise that we’re still not investing much money into the future. Our infrastructure is outdated, inefficient, and much of it is crumbling before our eyes. Is our government liable?

Sometimes. The biggest problem is that they’re not liable until something goes wrong. So much is going wrong, though, that we can hope legislators wake up to the need for more investment soon enough.

Flint, Michigan residents filed a lawsuit against the state of Michigan–something normally impossible. The usual course of action is filing suit against the Court of Claims. This process usually saves the state a lot of money, and prevents legal entities from using tax dollars to form a fund for compensation. Residents have also filed lawsuits against Governor Snyder, the city’s emergency management agencies, engineers, and the U.S. Environmental Protection Agency for failing to prevent the crisis.

If your car is damaged or you are injured because of a pothole or other road conditions that you can prove are negligent, then you can file a lawsuit against the local municipality or government in charge of maintenance. It’s not easy to prove negligence in court. It’s easier to make a case if there are other factors in play, such as bad street signage or debris in the road from construction. Sadly, there are also limits to how much you can sue the government for this type of injury or damage.

A lawsuit has been lodged against the FCC by two dozen cities and counties in order to complain about rules for the construction of 5G wireless equipment, a process that is still ongoing. In particular, the local governments in question are upset over FCC regulations that place limits on how much a phone company will have to pay when building their new equipment on public property. In addition, they contend that local municipalities aren’t being given enough time to review the equipment applications.

While these lawsuits seem fair on the surface, they also bring to light the problem that the government can be sued when they are trying to get certain types of infrastructure up and running as quickly as possible.

What Kind Of Complications Can Result From A Dog Bite?

Any bite wound raises concerns. It doesn’t help that medical complications after a dog bite can become serious–or even deadly–after the emotional hurt you’re probably already feeling. Dogs are supposed to be man’s best friend! But sometimes we misread their intentions or get in the way of an altercation when we shouldn’t. These are a few of the complications that can result from a dog bite.

  1. Your smallest concern is probably rabies. Chances are you were bitten by a family dog or a neighbor’s pet. Whether the animal is stray or not, you should seek medical attention right away. You’ll receive treatment for every possibility.
  2. Infection is among the most common complications. These can result in only a matter of hours. If you notice pain, inflammation, or swelling around the bite, then you might be in a bit of trouble. Infection results in up to 15 percent of dog bites. You’ve probably heard how filthy dog mouths are, so it might surprise you to hear that this number skyrockets to about 50 percent after a cat bite!
  3. Zoonotic diseases are those animal diseases contracted by a human after a bite. These include pasteurella multocida and staphylococcus aureus (a form of staph infection). Both are extremely dangerous. The former can result in septic arthritis or even death.
  4. Children under the age of ten are highly susceptible to death by blood loss. That’s because they haven’t grown high enough to escape the dog’s lunge and bite, which often occur on or around the head or neck. These injuries usually present as avulsions, punctures, or lacerations. See a doctor right away!
  5. If you haven’t been vaccinated, you might come down with tetanus. This bacterial disease attacks the nervous system. You’re more likely to come down with this disease if the bite broke the skin.

If you find that you no longer have mobility of the appendage where the bite occurred, then you should seek immediate medical attention. The same goes if you come down with fever, or incur symptoms of fatigue, night sweats, trouble breathing, tremors, or swollen lymph nodes. After a bite occurs, be sure to wash the wound with soap and water. Watch out for fractured bones or wounds that may be deeper than you thought.

When Can You Get Compensation For A Burn Injury?

It’s not unnatural to fear fire. It’s a chemical reaction over which man has learned to exercise some control, but often that control gets away from us. People get hurt. Homes are destroyed. Lives are uprooted. What is natural is wanting to be compensated for the pain and suffering we must endure because of someone else’s negligence or an act of arson. When can you get compensation for a fire injury? It depends on the circumstances of your injuries.

In circumstances where there is the potential for a fire–no matter how small–there must be safety precautions. Many burn injuries occur in workplaces where employers haven’t taken the appropriate safety measures. In such cases, workers compensation might kick in before you get the chance to file a lawsuit. In other cases, a workplace employment agreement might try to prevent you from filing a lawsuit by forcing arbitration.

That doesn’t mean you don’t have options. You should explore them with a qualified personal injury attorney as soon as you get hurt. Do this before the internal investigation is complete.

In order to have a good claim, you may need to prove the negligence of your employer or the defendant responsible for your injuries. If that person or persons can, in turn, prove that you were partially or wholly to blame, then your chances for compensation will only diminish. Be sure not to discuss any of the details of the case with anyone but legal counsel, and don’t sign anything. Don’t admit fault, even if you think you’re responsible for what happened.

If fire or explosion is predictable, and employees haven’t been provided with adequate training, staffing, and safety equipment, then the employer hasn’t done its job to protect the well-being of its employees.

If you’re the victim of arson, wildfire, or a neighbor’s negligence, or manufacturer’s defect, you might still receive compensation. Health insurance and homeowners insurance might help, but each individual case is different and you should still provide a full accounting to your lawyer in order to find out exactly what kind of compensation you might qualify for.

WARNING: This video is not for the faint of heart

WAS THE UNIVERSITY BRIDGE COLLAPSE A CRIME?

Six people died when a brand-new bridge on the campus of Florida International University collapsed.

A brand-new bridge, which apparently had some structural problems. Some photos were taken of the bridge a couple of days before the collapse happened, and very large chasmic cracks were appearing.  Clearly there was something wrong in the engineering and construction, but there are questions about the photos the cracks, and whether the collapse could have been prevented.

It comes down to – who knew, what did they know, and when did they know it?

Was it possible that the bridge could have been shut down before the collapse and prevented six deaths? Did the people who could have shut it down been informed? And was the construction just misconduct and negligence, or was it something even more sinister?

The collapse happened in March, but only recently was there a “secret” meeting (not much of a secret though) where several stakeholders got together to discuss the collapse and what could have been done, fi anything. A local newspaper in Miami had to go to court to request notes and information from the meeting but there was conjecture that part of the discussion involved these photos that were taken, who took them and who saw them prior to the collapse, if anyone did?

It is telling that the Florida Department of Transportation, which oversaw the bridge construction project, has been stonewalling the press about the meeting, meaning that a presumption could be made that the department, or someone in it, may have known about the photos and did nothing. Orit could come down to the timing of when the photos were shown and did the department not see them until after the collapse?

Also, who took the photos? Was it a resident? An FLDOT worker or official? Someone from a company who competed for the bid and lost it? Was it someone else entirely who had a vested interest in the project?

Another setoff questions have to deal with the autopsy of the collapse itself. Was this poor workmanship? Did the contractor use low-quality materials to save costs? Was it a rush job? Was the engineering bad from the start? Many of these questions still have to be answered a good five to six months after the collapse, especially the questions of whether the collapse could have been prevented – or whether those six deaths could have been had the right people been notified and went into action.

Deaths are tragic, and especially ones that could have been avoided. These are the deaths that we all hope will have some value to them because they will help in promoting changes to fix whatever failures contributed to these senseless deaths.

Bicycle Accidents: Who’s Liable?

In Florida, the weather is warm year-round. This means that plenty of people are outside either walking or cycling to their destination. Unfortunately, Miami has developed a reputation as one of the most dangerous locations to ride a bicycle as the city has finished towards the top of the st for total bicycle accidents in Florida. If you ride your bike around Miami, it is important that you ride with caution and follow the rules of the road. If you don’t and you are struck by a motor vehicle, you might be held liable.

Determining Liability in a Bicycle Accident

Throughout Miami, you will find cyclists riding in two places, either the sidewalk or the street. If the cyclist is riding on the sidewalk, they are expected to follow the same rules as a pedestrian. If the cyclist is riding in the street, they are expected to remain in the bike lane (if available), ride in the same direction as traffic, and follow the rules of the road.

One of the most common causes of bicycle accidents is a failure to determine who has the right of way. Generally, if the cyclist is in the bike lane it is the driver’s responsibility to avoid them. This also applies if the bike rider signals because they have to make a left turn or avoid an obstacle in the bike lane. On the other side, driver’s are responsible for giving cyclists about three feet of separation.

What are Common Injuries in a Bicycle Accident

When you are involved in a bicycle accident, your entire body is at risk of injury. Depending on the force and location of the collision, there is a chance of certain body parts at a higher risk than others. Some of the more common injuries are:

  •  Back and spine injuries
  • Head injury/Concussion/Traumatic Brain Injury
  • Broken bones
  • Paralysis
  • Death

Contact a Bicycle Accident Attorney

If you are an avid bike rider in Miami it is important that you follow the rules of the road and yield to motor vehicles, other bikers, and even pedestrians. The last thing anyone wants is to be involved in an accident that can have life-changing effects. If you were riding your bike and struck by another cyclist or a motor vehicle, contact The Miami Injury Lawyers today.

 

What If My Injuries Don’t Manifest Until A Few Weeks Later?

While some injuries are very apparent after a car accident such as brain injuries, spine injuries, cuts, scrapes, bruises, etc., some injuries take longer to make themselves evident.

Adrenaline Surges 

During the event of a car accident, your body releases adrenaline and other endorphins. This adrenaline surge sometimes suppresses pain. This means after a car accident if you are not experiencing any pain that you are not injured. Once the release of those hormones subsides, the pain can start to present itself.

Soft Tissue Injuries

An injury that affects the muscles, tendons or ligaments is referred to as a soft tissue injury. The sudden force in a car accident puts a lot of stress on soft tissues. The common soft tissue injury from car accidents is Whiplash when the sudden force pushes the head forwards and back impacting the neck muscles. These type of injuries result in pain, swelling, and reduced mobility.

These type of injuries do not appear right away and sometimes take several days and weeks to appear. They are also not visible on x-rays making them difficult to diagnose.

Concussions 

A concussion occurs when the brain strikes the inside of your skull with great force. While some symptoms of a concussion are obvious like disorientation and loss of consciousness some of them do not appear immediately such as:

  • headache
  • blurry vision
  •  dizziness
  • lack of energy
  • abnormal sleep patterns
  • clouded thinking
  • inability to concentrate
  • short-term memory loss

After a car accident, the first course of action should be to visit a health care professional immediately. Even if you feel fine after your car accident there could be underlying medical issues that you might not be aware of.

If you’ve been injured in an accident you might be entitled to compensation. Contact one of us personal injury lawyers for a free consultation.

When That Pupper Isn’t A Big Ol Doggo

Thanks to the internet we are obsessed with puppers and doggos. Unfortunately, not every dog you meet is the friendly type. In fact, in 2014, there were 42 fatal dog attacks. We are not recommending to never pet a dog again, but we do want you to be aware that dog bite accidents do occur.

Severe Dog Bite Injuries

While most dog bites aren’t a big deal, sometimes they can turn into something more. Dog bites can lead to:

  • permanent scarring
  • infections
  • damage to nerves, tendons, tissues and bones
  • transmission of diseases like rabies
  • post-traumatic stress disorder

If you’ve been bitten by a dog that is not known to you, the best thing you can do is to seek out medical attention immediately. If your medical care involves getting stitches, has chronic pain, or requires future care such as physical therapy, then the second step is to hire a lawyer.

There’s no reason that you should have to pay for this medical treatment on your own. You are entitled to compensation from the dog owner’s insurance company so you can get the medical help that you need.

For more information on how to file a dog bite injury claim, contact one of our personal injury lawyers.

 

Biggest Personal Injury Cases of All Time

What Are The Biggest Personal Injury Cases Of All Time In Terms Of Damages Awarded?

When you think about personal injury cases, what comes to mind? You might think about slip and fall accidents, or maybe you recall the traffic accidents involving tractor-trailers portrayed in the commercials for personal injury attorneys. There are all kinds of cases involving personal injuries. Perhaps you have even been involved in one. What are the biggest personal injury cases of all time?

There are some landmark cases, and the biggest ones feature judgments or verdicts, not settlements, as you can imagine. The damages awarded total in the billions, and the first case on this list is tragic indeed. A boy’s life was lost in the aftermath due to skin cancer after having already been set on fire using gasoline. The boy was just eight years old. The teenager responsible didn’t have $150 billion, but that was the total awarded to the victim’s family.

The next big personal injury case involves a group of people and several top cigarette manufacturers. This case happened in 2000, and the settlement was just shy of $145 billion. What’s really interesting is that the next biggest personal injury case also involves cigarettes, and there was only one plaintiff, in that case, a woman who had lung cancer. While the settlement was well under the $100 billion mark, it is substantial due to the fact it was awarded to one person only.

What company was on the receiving end of the last case? It was none other than RJ Reynolds, and the settlement prior to being reduced was $28 billion. These are the three biggest personal injury cases of all time, and there are many more interesting cases to read about. As you can see, the verdicts and judgments in these cases can result in billions of dollars awarded to plaintiffs who have refused to settle.