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.

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


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.

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.


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.

Types of Slip and Fall Injuries

The Different Types Of Slip And Fall Injuries

One of the most common accidents you could have is a slip and fall accident. This type of accident can lead to a range of different injuries that you need to know about. These injuries can affect your daily life as well as your ability to carry out simple tasks.

Soft Tissue Injuries

Among the most common slip and fall injuries is the soft tissue injury. These injuries are not visible which makes them hard to prove in a personal injury lawsuit. Additionally, you might not realize that you have this type of injury for days or weeks after the accident. However, if these injuries are left untreated, they can cause chronic pain and make you more susceptible to further injuries. These injuries will include minor wrist and ankle sprains as well as tears in the muscles and ligaments.

Head Injuries

Another common injury from a slip and fall accident is a head injury. This is due to the fact that the head will often hit the ground when you slip if you are not careful. It is important to note that even a minor head injury can be a medical emergency and you need to seek medical attention if you have hit your head during an accident. This is something that you should do even with a minor head injury.

Minor concussions are common and they will generally heal on their own. However, more serious head injuries such as traumatic brain injuries can alter your ability to function correctly. The reason why you need medical attention after hitting your head is due to the fact that severe head injuries can have minimal symptoms. Additionally, if you seek medical attention, you will have better odds of success in your lawsuit as you have medical evidence to back up any injury claims.

What is asbestos?

AsbestosMany people know that asbestos is bad for them and that they need to ensure that they are not surrounded by it. However, there are a lot of people who do not know what asbestos is. It is important that you know what asbestos is and why you need to stay away from it.

What Is Asbestos?

The terms asbestos actually refers to 6 different natural minerals. Asbestos minerals are made up of durable and fine fibers which are resistant to many chemicals, fire, and heat. Asbestos minerals were once hailed as a miracle mineral because of these properties and were included in a range of different household products including protective gear and building products.

However, the time has shown that asbestos is not the miracle that it was thought to be. It is now commonly known that exposure to these minerals can cause mesothelioma. Mesothelioma is fatal cancer which affects the lining of the lungs and has been directly linked to asbestos.

The Types Of Asbestos

There are 6 types of asbestos and they have all been used in household products in the past. These minerals are all tasteless and odorless which made them ideal. To detect if asbestos is present in any material or product, it will need to be tested in a laboratory.

There are 2 categories of asbestos which you need to know about. These are serpentine asbestos and amphibole asbestos. Serpentine asbestos refers to the minerals which have long and curly fibers and only includes one type of asbestos which is known as white asbestos. Amphibole asbestos refers to the other 5 types of asbestos which are made up of rod-shaped fibers which are generally brittle.

Amphibole asbestos is considered to be more dangerous than serpentine asbestos. This is due to the fact that the fibers are easier to ingest and inhale.

Contact an Asbestos Attorney Today

Asbestos can cause mesothelioma, a deadly disease. Contact an experienced asbestos attorney today.

Can You Sue The Police For Injuries They Have Caused?

If you have been injured and believe that a police officer caused the injury, you might want to sue them for compensation. The problem is that suing a police officer or the police, in general, is not that simple. The police are government employees and this means that they could be immune from being sued while performing their official duties. If you want to sue the police, you will have to prove that their conduct was intentionally unreasonable.

Filing A Government Tort Claim

Before you can look at a lawsuit against the police or a specific police officer, you will need to provide a notice of your claim. This notice will need to be given to the police or the local government that is in charge of the police. They also need to be given time to respond before you proceed.

In most cities, you will have to file a Tort Claim also known as a Government Tort Claim. This is a special form which is only used by people who are seeking compensation from the police for an injury. The form will need to be submitted within a set amount of time after the injury has occurred.

Waiting For The Response

Local and state law will dictate how long a local jurisdiction has to respond got your Tort Claim. There are times when the government will respond with a settlement claim. It is recommended that you speak with an attorney before you accept any settlement offers. There is also a chance that the government will reject your claim or fail to respond within the stated amount of time. In these cases, you will be able to file a full lawsuit against the police department or the police officer who caused your injury.

Biggest Insurance Companies in The World

Where Does The US Stand Regarding The Biggest Insurance Companies In The World?

When asked to name one of the largest insurance companies, people in the US might say Allstate or Blue Cross Blue Shield. Which company would you name? The global insurance market is much bigger than the companies mentioned above, and of course, healthcare leads the way. The biggest insurance companies in the world are diversified players, which means they make an effort to cater to the insurance needs of individuals on all levels, and across the globe.

There are geopolitical risks that can affect the balance sheets of the insurance companies that continue to expand. When looking at the top global insurance companies, what metrics are the most important? Revenue is of course chief, but you have to consider debt, too. Profits and of course assets, in general, must be put under the microscope so to speak. Many of these companies have gone public, and so market value is, of course, important as well.

What Are the Largest Insurance Companies in the World?

Just because you have to look far beyond the horizons of companies like Blue Cross Blue Shield and Allstate doesn’t mean that the US doesn’t have companies on the list of top global insurers. In fact, according to a recent Forbes ranking of the top insurance companies around the globe, the US charted four of the top 25. As you can imagine, China has insurance companies on that list, too, as does Japan and other countries.

China and Japan have the same number of companies on the top 25 list as the US does. Who are the top 3 global insurers? Ping An Insurance Group from China is #1, Allianz from Germany is #2 and AXA Group from France is #3. As for the US, it is MetLife that holds the top spot. The three other companies out of the US that rank in the top 25 insurers globally are Travelers, Aflac and Allstate.

Can You Sue For Emotional Injury?

Emotional InjuryInjuries are not always physical, emotional injuries can be as debilitating as physical ones. Emotional injuries can lead to mental suffering which results in issues such as depression, anxiety, panic attacks and suicidal thoughts. If you have suffered emotional injuries, you might be wondering if you are able to sue the person responsible.

Can You Sue For Emotional Injury?

It is possible to file a lawsuit for emotional injuries and these are generally emotional distress claims. However, it is important to note that the lawsuit will depend on the state that you are in. You will need to consider the state laws and the facts of the case to fully determine if you are able to file an emotional distress claim.

There are several states where an emotional distress claim is reliant on a physical injury. In these states, you will need to prove that the physical injury caused your emotional injury and that the person you want to sue is responsible for this. There are some states where you are able to file an emotional distress claim without a physical injury, but you will need to prove that the emotional injury was caused by the negligence of the other person.

In general, you will be able to file an emotional distress claim if you have witnessed the injury or death of a family member. You can also file if you are a bystander to an event which caused death or injury, but you will have to prove that you were within the danger zone. It is also possible to file a claim if the body of a deceased family member was mishandled.

Your claim may also rest on the type of person you are. Fragile class individuals such as the elderly, children and pregnant women are more likely to have success with a claim. People who are classed as unusually sensitive will generally not be entitled to claim.

Contact A Personal Injury Attorney

The Miami Injury Lawyers are experienced in all categories of personal injury law. If you have been injured, physically or emotionally, due to another person’s negligent behavior, you may be entitled to compensation. Contact our office today to schedule a free consultation.

Can You Have a Retrial For a Personal Injury Case?

Can Personal Injury Cases Be Retried And If So For What Reasons?

Most personal injury cases settle out of court, but there are definitely those that end up going to trial. When these cases do go to trial, litigants aren’t always happy with the outcome. For that matter, defendants aren’t always happy with the outcome either. Appeals can be filed, but they are certainly expensive. Mistrials can occur, too, and retrials can happen as well.

Let’s say that a plaintiff sues, is offered a settlement but goes to trial. Let’s say that the plaintiff is awarded a substantial amount upon a verdict being rendered, but the defendant files an appeal. This is not common, but it does happen. Let’s take the situation a step further and say the appellate court overturns the verdict, meaning a settlement is no longer due to the plaintiff.

In that case, there can be a retrial; however, let’s look at another reason why there most likely wouldn’t be one. Not only do most personal injury cases never make it to trial, but both parties face the possibility of losing more if an appeal is pursued by the defendant. What does that mean? It means that even if the litigant wishes to pursue an appeal, a smaller settlement is usually offered instead. This would stop the appeals process, close the case and of course prevent a possible retrial post appeal.

If a mistrial were to occur, a retrial would be necessary of course, yet it could be by that time that both parties reach a settlement, out of frustration if nothing else. Mistrials are also rare, and again, it is rare for a personal injury case to be taken to trial in the first place. If your case does go to trial, you don’t want Mr. Flashy Pants who makes a living from procuring settlements for his clients ahead of a possible trial. You want an experienced attorney who has spent quite a lot of time in the courtroom in front of a judge and jury.