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May 2017 Archives

Miami Cruise Injury Lawyers Review Case Demonstrating the Challenges of Pursuing a Claim Involving an Injury Incurred During an Excursion in Port

Cruises offer the opportunity to visit exotic ports of call and embark on fun, exciting tours, but many of these destinations have safety standards and practices that are lax by U.S. standards. Permissive safety laws and regulations and depressed economic conditions can combine to make these locations dangerous for cruise passengers. Our Miami cruise injury lawyers pursue claims on behalf of passengers who pursue lawsuits against cruise lines for injuries incurred during shore excursions.

Miami Tractor-Trailer Accident Attorneys Review Denial of Summary Judgment in a Trucking Collision Injury Lawsuit Where the Tractor-Trailer Was Parked

Although the analysis of tractor-trailer accident lawsuits is not new to this blog, this article focuses on a tractor-trailer that was parked at the time of the collision. The enormous size and weight of semi-trucks create potential dangers even when the vehicles are stationary. The length and height of a tractor-trailer cause many blind spots for truck drivers, which are referred to as "no zones." These vehicles obscure the visibility of other motorists more significantly than a typical passenger car or even a large SUV. In this blog post, our experienced Miami tractor-trailer accident attorneys examine a Florida Court of Appeals decision involving a collision between a plaintiff and a parked semi-truck.

Miami Homeowner Insurance Claims Attorneys Warn That Flood Insurance Exclusion of Basements Could Include the Bottom Floor of a Home

Our Miami homeowners insurance coverage lawyers recognize that many people who have a basement in their home are unaware that standard flood insurance policies exclude coverage for damage to their basement. Some people also have no idea that flood damage to the lower level of their home might not be covered by their policy because of the nuanced definition of the term "basement" under Write-Your-Own policies issued under the National Flood Insurance Program (NFIP). Because policies must conform to the language and terms dictated by the NFIP, this flaw in the protection of the lower level of homes from flood applies to many policyholders. Further, our Miami homeowners insurance claims lawyers want policyholders to be aware that flood policies are interpreted narrowly because the program is subsidized by public funds.

Los abogados de deslizamiento y caída del sur de la Florida analizan la decisión sobre el resbalón y la caída del cliente de la tienda mientras toman un atajo a través de la arquitectura

Aunque un propietario u ocupante de los locales puede ser responsable de un resbalon y caída o un accidente de tropezón y caída, el proceso de buscar una solución o un juicio puede ser un reto debido a la naturaleza de hecho intensivo de los litigios relacionados con la caída. La resolución acertada de un reclamo de resbalon y caída requiere una cuidadosa investigación de las premisas, las circunstancias, la identidad de los propietarios y ocupantes, y otras consideraciones legales y, de hecho. La investigación compleja requerida para prevalecer en un caso que involucra una caída causada por premisas inseguras de otra persona hace que sea imperativo que los clientes estén representados por un experimentado abogado de deslizamiento y caída en el sur de la Florida.

Miami Personal Injury Lawyers Analyze Decision Regarding the Admissibility of Subsequent Remedial Measures in Pedestrian Sidewalk Slip and Fall

If you trip climbing a set of stairs with bunched up carpeting that makes the footing uneven, you might be inclined to file a lawsuit seeking compensation for the injuries you incurred in your fall. The property owner might have the carpeting replaced after learning of your accident and resulting injuries. Although these repairs might seem like powerful evidence that the property owner was aware the uneven carpet constituted a hazard to people using the stairs, this potentially powerful information generally is not admissible to prove liability. Although this legal rule might seem counter-intuitive, the public policy behind this limitation is designed to encourage parties to remediate hazards without the fear of confirming liability. 

A Review of a Recent Appellate Court Decision Demonstrating the Difficulty in Recovering Damages after Falls on Slippery Steps

Although cruises offer a wide range of activities and entertainment, this type of vacation sometimes ends abruptly because of unsafe conditions, negligent maintenance, or careless crewmembers. Staircases and steps constitute one of the most common locations of serious injury on cruise ships. While a negligently maintained step can cause a tumble that results in a broken leg, broken arm, back injury, traumatic brain injury (TBI), or a broken wrist, our experienced Miami cruise injury attorney are intimately familiar with the difficult challenge of prevailing in these cruise injury lawsuits. 

Miami Tractor-Trailer Accident Lawyers Discuss Trucking Accident Lawsuit Revealing Multiple Traps for Unwary Injury Victims

While it might be tempting to assume commercial carriers step up and compensate trucking accident victims for their injuries, the truth is far more ominous. Trucking companies recognize they face a heightened risk of liability because of the permanent life-altering injuries and carnage caused by semi-truck crashes. When a fatigued driver or poorly maintained semi-truck causes a collision between a big-rig and a passenger car, trucking companies rely on investigators that can be dispatched quickly, experienced insurance defense attorneys, industry experts, and extensive litigation resources. Trucking accident victims sometimes go uncompensated because they lack legal representation. In this blog, our experienced Miami tractor-trailer accident lawyers review a federal appellate court decision that involves multiple defense strategies often used in trucking accident lawsuits.

El caso de los abogados de lesiones personales de la ciudad de Miami demuestra la importancia de la selección cuidadosa del abogado para manejar las demandas de daño

Los abogados de seguridad negligentes de la ciudad de Miami en nuestro bufete de abogados con frecuencia reciben preguntas de los clientes sobre el proceso de selección de un abogado. Algunas personas asumen que cualquier abogado con licencia en la Florida está calificado para manejar una demanda por lesiones personales. Aunque técnicamente cualquier abogado con licencia puede ser permitido a representar a una víctima de lesión, la idea errónea de que todos los abogados están igualmente calificados puede ser un error costoso. Debido a que muchas víctimas de lesiones nunca han tenido una causa para retener la representación legal hasta que se lesionan por la conducta negligente o intencional de otra persona, el proceso de elegir el mejor abogado para manejar su demanda puede ser difícil y confuso.

Court Decision Finding Work Product Protection Does Not Expire

Our Miami homeowners insurance coverage attorneys are well aware of the advantages the Florida Legislature has bestowed on the insurance industry by bifurcating the issues of liability and claim value from bad faith litigation. This legislation created a strategic advantage by permitting insurers to have the jury shielded from learning extensive details about sharp practices in an insurer's adjusting process when considering liability. Since the determination of damages can have a subjective component, insurance companies vigilantly leverage the bifurcation advantage by uniformly opposing attempts by policyholders to introduce evidence of its wrongful conduct and policy adjustment patterns.

Complex Legal Issues Regarding Drownings Involving POAs, Apartment Complexes, and Condominiums

With summer on the horizon, Miami families will flock to swimming pools for recreation, exercise, and leisure activity. Although swimming pools are popular amenities in many apartment complexes, condominiums, and homeowners' communities, residents and their guests are sometimes endangered by negligence. The forms of unreasonably careless behavior that can lead to drowning deaths, or near drowning incidents that cause permanent brain damage, take many forms, such as inadequate security, unmaintained lifesaving equipment, missing drain covers, unsecured gates, or missing fencing. In this blog post, our Miami drowning death attorneys review a decision from Florida's 5th District Court of Appeals which demonstrates the challenges drowning victims frequently face when pursuing compensation for wrongful death. 

Semi-Truck Accident Attorneys Analyze Appellate Decision Revealing Importance of Prevailing at Trial

If you are involved in a big-rig collision, the impact on your life of an accident involving a vehicle that weighs 25 times more than a typical passenger car can be catastrophic. The outcome of a personal injury claim typically determines an accident victim's ability to obtain compensation for lost income, hospital bills, medical expenses, rehabilitation, pain and suffering, and other damages. Because some people do not immediately recognize the extent of their injuries, they procrastinate in terms of seeking legal advice and representation. Because plaintiffs are rarely successful in getting an adverse trial judgment reversed on appeal, time is of the essence in seeking legal representation from an experienced semi-truck accident attorney.

Miami Homeowners Insurance Claims Lawyers Discuss Emergency Water Loss Remediation Services: Assignment of Post-Loss Claim Rights [Part I]

When a burst pipe damages your living room or a defective water heater, time is of the essence in mitigating the damage. Failure to properly remove the water can cause long-term structural damage, mold hazards, and other problems. However, water damage remediation efforts can make the problem worse if qualified professionals do not perform these measures.

Cruise Injury Lawyers Note Cruise Ship's Dismissal of Passenger's Alleged Assault by Crewmember

Although cruises offer virtually unlimited access entertainment, activities, culinary delights, and tours, passengers can suffer serious physical and emotional injury when cruise line operators fail to provide adequate security. Attacks against passengers and crew members that include rape, sexual battery, and other violent offenses occur on cruise ships and during shore excursions more often than you might think. Cruise ships have a duty to properly screen their crewmembers to prevent hiring individuals prone to commit criminal acts and to implement security procedures to keep passengers safe. Despite these duties, cruise lines sometimes fail to provide adequate security resulting in devastating consequences for cruise passengers. In this blog, our cruise injury lawyers discuss a recent incident reported by the media demonstrating exactly the wrong way for a cruise line to handle a passenger who reports a criminal attack. 

Attorneys Discuss Product Liability Basis for Bicycle Accident Lawsuits

The popularity of cycling is on the rise with people increasingly focused on fitness, recreation, and conservation. While bike riding might promote personal health, the activity often becomes decidedly unsafe when motorists fail to exercise caution and attentiveness. Cyclists lack the physical barriers to injury and safety equipment that often protect occupants of cars during collisions. Although motorist negligence causes many injuries and fatalities, a faulty bicycle also might contribute to a serious bicycle-related injury. 

El abogado del sur de la Florida de lesiones personales revisa la importancia de la cobertura de automovilistas no asegurados en el contexto de la denegación del reclamo de la UM

Nuestros abogados de lesiones personales en el sur de la Florida ven a muchas personas que sufren lesiones debilitantes en colisiones causadas por automovilistas no asegurados o con seguro insuficiente. Mientras que el dolor físico y el trauma emocional de la recuperación cobran un numero de perdidas en las víctimas del accidente, las dificultades emocionales aumentan exponencialmente cuando el otro conductor no está adecuadamente asegurado. Las cuentas médicas pueden aumentar y la pérdida del ingreso de la familia toma su impuesto. Los conductores podrían estar dispuestos a rechazar la posibilidad de ser golpeado por un conductor sin seguro como poco probable. Casi uno de cada cinco conductores de la Florida no tiene seguro, mientras que muchos otros llevan sólo una cobertura mínima de acuerdo con el Instituto de Información de Seguros (III), lo que hace que los conductores no asegurados (UM) Una forma extremadamente importante de protección financiera.

Miami Homeowners Insurance Claims Lawyers Analyze Case Finding Waiver of Appraisal Rights When Request Made Only Seven Weeks Before Trial Date

A range of remedies exists to resolve homeowners insurance disputes in Florida. Since the availability of these remedies and venues depends on the facts and circumstances, homeowners should carefully review and analyze their entire policy. If you are a Florida homeowner, our Florida Homeowners Insurance Attorneys find it is common for a homeowners policy to include a provision for appraisal. Under Florida law, the extent of the loss is the proper subject of appraisal, but the question of coverage is solely within the purview of judges. A decision from the Florida 2nd DCA provides insight into what constitutes the scope of issues that can be the subject of appraisal, as well as the types of conduct by the insured that constitutes a waiver.

The Impact of Improperly Loaded Tractor-Trailers

While many trucking accidents result from unrealistic shipping schedules, fatigued truck drivers, and poorly maintained big-rigs, improper loads also contribute to a significant number of collisions. Our Miami trucking accident attorneys recognize that the massive length and weight of a tractor-trailer mean that excessive loads, unbalanced loads, and poorly secured loads often interfere with proper handling and contribute to life-altering tractor-trailer collisions.

Our Lawyers Analyze Florida Appellate Decision Upholding Dismissal of Slip and Fall Lawsuit against Hotel Based on Forum Selection Clause

Resorts and cruise ships departing from Miami offer recreation, relaxation, and excitement, but negligence by staff and management in designing or maintaining the premises can lead to catastrophic injuries and wrongful death. While an injured tourist might have the right to pursue a lawsuit against a resort, travelers should speak to an experienced personal injury lawyer because these legal claims can pose special challenges. Large resorts typically have guests sign contracts that contain provisions severely limiting their rights. 

Miami Cruise Accident Attorneys Note Court Decision Denying Attempt of Ferry Boat Owner to Limit Liability for Fatal Two Vessel Accident

When you are riding on a ferry or cruise liner, you probably never consider the possibility of a collision between vessels. While these types of accidents are rare, they do occur and can result in severe injury or even loss of life. Insurers of commercial owners of vessels that provide boating excursions to the public understand the complex maritime and admiralty law that apply in such incidents and that possess the litigation resources to tenaciously fight liability. In certain cases, ship owners will utilize tactics designed to cap the damage recovery and deprive an injured passenger or surviving family members of full recovery for their loss. In this blog post, our cruise accident attorneys review the recent federal court decision in Holzhauer v. Gold Gate Bridge Highway & Transportation District regarding the attempt of a ferry line owner to limit liability for injuries incurred in a collision with another vessel. 

Los abogados de lesiones personales de la Florida analizan un caso de negligencia médica basada en una autopsia negligente

Nuestros abogados de lesiones personales en la Florida quieren llamar la atención sobre una reciente decisión de la Corte Suprema de Texas que presentó un escenario de buenas noticias-malas noticias para una demandante que alegó que su esposo murió debido a la negligencia médica de una auptosia. Mientras que la decisión del tribunal en el caso podría muy bien abrir la puerta a las reclamaciones de negligencia médica por errores u omisiones que ocurren después de que un paciente ha muerto dentro del estado, la demandante en la acción por una muerte injusta terminó teniendo su caso prohibido por el estatuto de limitaciones.

Miami Homeowners Claims Lawyers Explain When a Home Becomes Uninhabitable Triggering ALE Coverage

When your home is seriously damaged by a windstorm, fire, or other force of nature, you might end up being displaced from your residence. Although the repairs associated with many insurance claims occur while homeowners remain in their homes, this may not be a safe or feasible option. If your home is a total loss or the kitchen is unusable, the only viable option might be to relocate on a temporary basis.

Miami Personal Injury Lawyers Analyze Decision Denying Damage Award Based on Lack of "Reasonable Certainty"

While our personal injury lawyers frequently discuss the standards and evidence involved in proving liability, the process of establishing the amount of a party's damages is no less important. Medical bills, payroll records, and vehicle repair receipts can provide a way to quantify economic damages. The process is more complicated when trying to prove future estimated damages. Although testimony from a vocational counselor, economist, medical professional, or another expert might provide evidence about future damages that will be incurred, a recent appellate court decision demonstrates that plaintiffs need skilled legal representation to effectively litigate this aspect of a judgment.

Miami Cruise Injury Lawyers Discuss Miami Federal Court Decision Relegating U.S. Passengers on Carnival's Concord Concordia to Pursuing Remedies Outside the U.S.

The crash involving Carnival's Concord Concordia cruise ship that caused the ship to sink spurred multiple lawsuits brought by passengers. These lawsuits stem from the ship seeking, which claimed the lives of 32 passengers and caused the evacuation of thousands. Despite the fact the captain of the cruise ship has been convicted of manslaughter, a Florida federal appeals court ruled that a lawsuit brought by 57 plaintiffs cannot move forward in the U.S. In this blog, our Miami cruise injury lawyers analyze the impact of the forum non conveniens litigation strategy used by the cruise line against U.S. passengers harmed in the crash 

Trucking Accident Lawyers Explain How Facebook Can Destroy a Personal Injury Lawsui

The prominence of the Internet and popularity of social network sites have dramatically changed the way people live their lives. It was not so long ago that privacy was so important to people that the notion of allowing others to monitor every aspect of a person's life would have been viewed as an unreasonable intrusion of privacy. Social networks have changed these societal norms. Many people now live in full view of virtual strangers and provide extensive details about every aspect of their daily activities. Our Miami trucking accident lawyers know that this choice to live one's life in full view of anyone who will watch and listen can create a serious problem if you are injured in a tractor-trailer accident.