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May 2016 Archives

Man Files Lawsuit Against Disney Cruise for Injuries Resulting in Amputation of Thumb

A Colombian man recently lost his thumb in a cruise ship accident that took place while he was vacationing on a Caribbean cruise. The injured man alleges that a cabin door slammed on his thumb, severing it from the rest of his hand. The man's wife had been holding the door open with her foot, and when she moved her foot, the door closed in on the man's thumb. By the time the man received medical care, it was too late to reattach his thumb. The man has now sued Disney Cruise, seeking compensation for the injuries he suffered.

What is a Public Claims Adjuster? What You Should Know as a South Florida Homeowner

Suffering property damage is something no homeowner wants to experience. Not only has your home been damaged, but you also must deal with the claims process in the hopes that your insurance policy will cover the cost to repair the damage. Our property insurance claims attorneys have found that a very important part of the claims process is having an insurance adjuster evaluate your home to document the type and severity of damage that has occurred. Many people rely on their insurance carrier's own adjusters when evaluating property damage while others may choose to hire an independent public claims adjuster to evaluate the home.

Court Grants Motorcycle Accident Injury Victim New Trial after Jury Informed Officer Found No Fault by Tractor-Trailer Driver, Diaz v. FedEx Freight East, Inc., 114 So.3d 224 (Fla. 5th DCA 2012)

Many motorists injured in motor vehicle crashes presume that they cannot prevail in a personal injury lawsuit because the investigating police officer has determined that the injury victim was at-fault. While police officers are trained in analyzing crashes, law enforcement officers do make mistakes and draw improper inferences, especially when they possess inaccurate or incomplete information. If you are injured in a traffic collisions, you should seek legal advice despite the conclusions of the investigating officer because an experienced motorcycle accident lawyer might have a different perspective. Further, the evidentiary impact of such conclusions are limited under Florida law as evidenced by the Florida 5thDCA case, Diaz v. FedEx Freight East, Inc.

Se Prepara para una Disputa de Seguros

Muchos dueños de casa pagan fielmente sus primas a tiempo por años esperando que en el caso de que su casa este dañada, recibirán los fondos que necesitan para repararlo. Algunos, sin embargo, tienen la desafortunada experiencia de recibir una negación de su reclamo o los fondos que equivalen a mucho menos de lo que necesitan para reparar el daño. Estos propietarios tendrán que prepararse para una disputa con la compañía de seguros. Al apelar la negación de su reclamo o tomar nuevas medidas, los propietarios pueden seguir recibiendo los fondos que legítimamente tienen derecho a.

Florida Mother Seeks to Have More Lifeguards on Cruise Ships After Son Nearly Drowns

Cruise ship swimming pool accidents and drownings have been surfacing in the news lately. The issue has already been raised that needless swimming pool deaths are occurring because of the lack of supervision available at these cruise ship pools. A Florida mother has finally spoken out and has asked cruise ships to hire lifeguards to monitor cruise ship swimming pools, especially for the safety of children.

Homeowner May be Found Liable for Pit Bull Attack - What You Should Know from a Miami Attorney

Dog attacks can be tragic both for the dog owner as well as the victim, as some dogs are put down after injuring or killing a person or another dog. A Fresno woman recently suffered significant injuries after two pit bulls attacked her, resulting in the amputation of her left arm, among other serious injuries that have left her in critical condition. The dogs were able to escape from a fenced yard prior to attacking the woman, and the homeowner is likely to be found liable for the injuries the woman suffered. A big question that the injured woman (once she recovers) and homeowner may have is whether or not the homeowner's insurance coverage includes animal liability.

Court Dismisses Motor Vehicle Accident Passenger's Lawsuit Based on Pervasive Misrepresentation and Fraud - Middleton v. Hager, 179 So.3d (Fla. 3rd DCA 2015)

There are many reasons that an injury victim's selection of a motor vehicle accident lawyer is important to the outcome of a legal claim for compensation. One vital consideration involves the injury victim's comfort level in communicating all relevant facts, including information that is unflattering or detrimental to the lawsuit. Misrepresenting or withholding negative information often causes substantial damage to a civil lawsuit because the adverse facts usually will come out at some point in the legal process.

Trucking Company Agrees to $14 Million Settlement for the Wrongful Deaths of Five Nursing Students

Just last year, five innocent nursing students were killed in a horrific Georgia trucking accident. The five women were at a standstill when a tractor-trailer slammed into the back of the young women's vehicles. The tractor trailer was traveling at 68 miles per hour. The young women did not have a chance. After one year of pain and suffering, the families of these victims have reached a settlement agreement with the trucking company that employed the truck driver.

El moho y daños por agua - ¿Está cubierto?

Los daños por agua dentro de su casa puede resultar en un daño sustancial. Cuando se trata de la cobertura de los seguros de propiedad, los daños por agua es un tema complejo. Muchos dueños de casa no entienden completamente qué tipos de daños por agua están cubiertos y cuáles pueden ser excluidos. Los abogados de seguros de propietarios de la ciudad de Miami de Greenberg, Stone & Urbano han ayudado a varios clientes con los daños de agua de sus casas. Entendemos que estas afirmaciones pueden ser negados o minimizados y el asegurado a menudo necesita ayuda para recibir una cobertura. El siguiente es un vistazo de moho y los daños por agua que se refiere a los seguros de propiedad en la Florida:

Anthem of the Seas Forced to Turn Around Again Due to Potential Storm

The Anthem of the Seas has once again been forced to turn back due to a severe storm forecast. This cruise ship made headline news earlier in the month when it sailed into a massive storm, forcing passengers to remain huddled in their rooms for about 12 hours as the shipped rocked violently in 125 mile per hour winds. Royal Caribbean appears now to be exercising extreme caution by turning the ship around in the face of some threatening weather.

When Your Homeowners Insurance Carrier Denies Your Claim Based on "Wear and Tear"

As residents of South Florida, we all know too well that damage to your home can occur for a variety of reasons. Perhaps weather could be to blame, such as heavy rain, high winds, and even hurricanes. However, there are situations where a home suffers damage due to wear and tear. Causes of property damage are often in dispute between the homeowner filing a claim, and the insurance company that has the property evaluated before making the decision to provide coverage. While some claims may be rightfully denied if a home does, in fact, suffer damage from wear and tear, other claims are wrongfully denied when weather or something other than normal wear and tear is the cause of the property damage.

When Does a Government Entity Owe a Duty of Care to Clear Roadway Hazards? - Manfre v. Shinkle, 2016 WL 438227 (Fla. 5th DCA 2016)

Many motor vehicle accidents that cause catastrophic injury or even wrongful death involve motorists with no insurance or insufficient coverage. In such situations, the potential liability of government entities for unsafe road design or maintenance becomes an important issue. Government entities have the financial resources to pay a personal injury judgment. Because public entities benefit from sovereign immunity to the extent not waived by tort claims acts, personal injury lawsuits against the State of Florida, counties, or municipalities involve additional issues, special procedures, and tighter deadlines for providing notice of a legal claim.

Fatal Truck Accident Thought to be the Cause of Second Tractor Trailer Accident on Texas Highway

Like Florida, Texas sees its fair share of trucking accidents that seem to occur on a regular basis. One recent truck accident may have been the root cause of a subsequent tractor trailer accident, both occurring on Interstate 35 in Kyle, Texas. The first accident resulted in the death of a young pickup truck driver who was essentially sandwiched in between two large tractor trailers. When one tractor trailer collided with the pickup truck near a construction zone, the pickup truck then struck an 18-wheeler directly in front. The pickup truck then caught fire, and only two passengers of the pickup truck survived. The driver was pronounced dead at the scene.

Los Pasajeros Enfermos por Norovirus en un Número de Cruceros

Hasta ahora en 2016, ha habido un par de brotes de norovirus a bordo de los barcos de crucero. El norovirus es un virus altamente contagioso que causa un intenso dolor de estómago, náuseas, vómitos y diarrea. Esta enfermedad puede ser peligrosa especialmente para los niños pequeños y adultos mayores. Las complicaciones más frecuentes de norovirus son la deshidratación, la desnutrición y rara vez incluso la muerte. Los cruceros son sitios potenciales de contaminación por norovirus debido al gran número de personas a bordo y cuartos cercanos.

Florida Among States with Greatest Number of Water Damage Claims Over the Past Two Years

Water damage can cause significant issues for homeowners. Not only can property damage be costly and stressful, but some homeowners and their family members suffer health consequences, such as exposure to mold that may lead to illness. When insurance companies do not act quickly to help you repair your home by processing your claim as efficiently and quickly as possible, the consequences can leave you feeling uneasy for weeks, months, or even years in certain situations where the water damage is extensive.

Truck Driver Involved in Austin Trucking Accident Files Lawsuit Against Employer

We don't always see truck drivers file lawsuits against their employers (i.e., the trucking companies), but instead see other individuals file lawsuits against the trucking company and/or the truck driver who allegedly caused the accident. Just last year, a gravel truck accident in Austin, Texas resulted in the injuries of six different individuals. Since this time, both the truck driver and the trucking company have been sued by injured drivers and passengers involved in the accident. The Texas Department of Transportation determined that the cause of this trucking accident was faulty or defective brakes that were not properly maintained.

Los Barcos de Crucero Resultan Peligroso para Algunos Pasajeros

Cuando la mayoría de nosotros imaginamos nuestras vacaciones de crucero, nos imaginamos descansar al lado de piscinas, nadar en el océano azul y comer deliciosos platos mientras miramos hacia el mar. Mientras que muchos experimentarán este sueño de vacaciones, unos pocos se enfrentaran a lesiones inesperadas y potencialmente devastadoras. Para estos pasajeros, el crucero es un evento de que cambia el tiempo de vida, dejándoles frente a los gastos médicos en curso, forzándoles tiempo fuera del trabajo, la discapacidad y más.

Can an At-Fault Driver in Florida Prevent the Jury from Hearing Evidence Regarding His Negligence by Admitting Liability? -Lenhart v. Basora, 100 So.3d 1177 (4th DCA 2012)

In most auto accident lawsuits, the insurance company for the at-fault driver will tenaciously work to dispute its insured's negligence. However, there are situations where the defendant might be inclined to concede that he or she engaged in unreasonably unsafe conduct to keep egregious facts from appearing relevant to the litigation. The theory is that admitting fault makes facts that could poison the jury against the defendant no longer relevant after the defendant concedes liability. This strategy is designed to prevent the jury from hearing facts that might motivate the jury to award larger damages.

Cruise Ship Rape and Sexual Assault -Part I

Cruise ships offer fun for the whole family. These floating vacation havens abound with pools, slides, parties, and more. However, behind all these attractions and glee is the potential for danger. Cruise ships bring together thousands of people in close quarters. Cruise ship employees come from all different countries and walks of life, as to the passengers. These conditions combine to present the risk of sexual assaults and rapes. It is believed that hundreds of sexual assaults and rapes have occurred aboard cruise ships in the past few years. Many sexual assaults go unreported and others are hidden from the public eye.

What are the Most Common Homeowners Insurance Claims? Miami Attorney Explains

Homeowners insurance has the same concept as automobile insurance - if your home or vehicle suffers damage in any way, you have the ability to file a claim to have the home or vehicle repaired without having to pay the entire out of pocket cost. Under Florida law, homeowners insurance is not required, unlike automobile insurance. However, without homeowners insurance, it would be extremely difficult to have your home fixed without draining your bank account. On the other hand, many Miami and South Florida residents have come across issues and conflict when dealing with homeowners insurance claims. As such, it is important to understand fully how the claims process works so that you are not taken advantage of.

La corte considera a la empresa de transportes que puede inspeccionar el teléfono celular de un difunto como perjuicio de protección de privacidad - Antico v. Sindt Trucking, Inc., 148 So.3d 163 (Fla. 3 1st DCA 2014)

El papel del uso de teléfonos celulares como una distracción se está convirtiendo en un problema cada vez mayor en los vehículos de motor litigios de accidentes. Mientras que las alegaciones de la conducción distraída se asocian generalmente con el conductor que tuvo la culpa, las compañías de seguros a menudo solicitan registros de teléfono celulares o de datos para determinar si la falta de atención por una víctima de lesión puede constituir a la negligencia comparativa. Este tema es importante debido a que la indemnización por los daños a una víctima de lesión se reducirá en el porcentaje de fallos asignados demandante en virtud de la doctrina de pura negligencia comparativa en la Florida. Este problema es especialmente significativo en los accidentes de camiones litigios debido a la naturaleza devastadora de las lesiones sufridas comúnmente en tales colisiones. Un caso reciente sirve como una advertencia a los automovilistas que las empresas de camiones y sus compañías de seguros podrían muy bien ser capaces de buscar en los datos de teléfono celular a pesar del impacto de tal búsqueda de sus derechos de privacidad.

Preventing Injury to Children When Backing Out of Driveways

This is the second installment in our two-part blog post discussing the potential danger to children when vehicles back out of a driveway. Although motorists might not consider this simple driving maneuver a high risk activity, hundreds of kids die and over ten thousand are injured by vehicles backing up every year. This installment discusses legal changes and safety strategies designed to prevent these tragic child pedestrian accidents.

Trucking Company and Truck Driver Face Wrongful Death Lawsuit after Fatal Accident in Illinois

The worst case scenario for any accident is that a person may lose his or her life. This heart-wrenching consequence is one that occurs all too often, leaving loved ones with questions that may not have good answers. Loved ones of a lost family member are still mourning after an October 2015 accident that involved a collision between a passenger vehicle and a tractor-trailer. The details of the accident are not entirely clear, but the estate of a deceased man has filed a lawsuit alleging negligence and wrongful death, seeking to hold both the trucking company and the truck driver responsible for the untimely death.