Accidents Category Archives - Page 6 of 6 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

What You Need to Know About Florida Good Samaritan Laws

Published on: July 21, 2014 | by Law Offices of Robert Dixon

Good Samaritan laws are designed to offer legal protection to people who administer assistance to individuals who are injured, ill, incapacitated, or in peril. The protection is intended to encourage bystanders to help those who need it without fear of being sued. Good Samaritan laws vary from state to state, and they often depend on the relationship between the victim and the rescuer. These laws are often complex and difficult to understand. If you’ve been involved in a Good Samaritan type of situation, it is best to consult an experienced South Florida injury attorney who can help assess the facts of your case.

Under Florida law, generally there is no duty to aid or assist an injured person. According to the Good Samaritan law, once an individual begins to provide aid to another, a duty forms to exercise due care. Due care, sometimes referred to as reasonable care, is defined as acting in a manner that a reasonably prudent person would act under the same or similar circumstances. The reasonable person standard is a legal creation. It is an objective test.

According to the Florida Good Samaritan Act, “any person, including those licensed to practice medicine” who willingly, and in good faith, provides emergency care or treatment to another in an emergency situation shall not be liable for any civil damages as a result of such aid or treatment. Continue Reading ›

Personal Injury Claims for Children in Florida

Published on: July 15, 2014 | by Law Offices of Robert Dixon

Every year, tens of thousands of children are injured or killed due to negligent accidents. According to the Centers for Disease Control and Prevention (CDC) more than 12,000 children die every year due to accidental injury. This alarming number impacts not only the children that lose their lives, but the families that are left behind to pick up the pieces.

Generally, a person under the age of 18 is ineligible to file a lawsuit. Due to this limitation, it is typically a minor’s legal guardian who must bring the lawsuit on behalf of them. If you are the parent or legal guardian of a child who has been killed or injured, you may be the only one who can seek justice for that child. Florida has specific procedural requirements that the attorney on the case must follow. Therefore, picking a qualified Florida attorney to represent your case can make all the difference. Common Causes of Accidents Involving Children Serious injuries can be a physically and emotionally traumatic experience for a child. Oftentimes, families of injured children are left to deal with the financial burden that generally accompanies such accidents. While there are a number of ways a child can sustain an injury, some of the common causes are as follows: Continue Reading ›

Understanding the Basics of “Catastrophic Injuries” Under Florida Law

Published on: July 7, 2014 | by Law Offices of Robert Dixon

In a moment, your life can change forever. Suffering from any type of injuries, big or small, can be an unnerving experience. When the injury is so severe that it has a long-term impact on your day-to-day life, the experience can be downright traumatic. Victims who suffer serious long-term injuries also have to deal with the emotional, mental, physical, and financial consequences that typically accompany such an injury. South Florida personal injury attorney Robert Dixon is committed to helping victims of serious and catastrophic injuries get the compensation they deserve. While no amount of money can ever make up for an accident, it can help ease the burdensome costs arising from the accident.

What Causes Catastrophic Injuries?

Negligent behavior varies from cases to case, as do the injuries that result from different accidents. The types of accidents that are most commonly associated with catastrophic injuries in the state of Florida include:

Car accidents
Truck accidents
Motorcycle accidents
Work-related accidents (e.g., construction accidents)
Boating accidents
Biking accidents
Pedestrian accidents
Fire
Chemical-related accidents

The Foundation of a Wrongful Death Claim in Florida: Who Can Sue and What Can You Recover?

Published on: June 27, 2014 | by Law Offices of Robert Dixon

If you’ve unexpectedly lost a loved one in an accident, you may be entitled to compensation. At the Law Offices of Robert Dixon, we understand that the sudden death of a relative can be extremely traumatizing for families experiencing the loss. We aim to help families get the maximum compensation possible under the law. While no amount of money can ever make up for the harm, compensation can help ease the financial burdens that accompany such a loss.

Wrongful death cases can arise from a number of situations, including:

Automobile accidents
Truck accidents
Motorcycle accidents
Bicycle accidents
Boating accidents
Airplane accidents
Work-related deaths
Death caused by defective products
Medical malpractice
Death caused by dangerous property conditions

If a person is killed due to the negligence of another person, surviving family members of the decedent can file a wrongful death lawsuit on the decedent’s behalf. In the state of Florida, only certain close relatives of a person are able to bring a wrongful death lawsuit. Under the Florida Wrongful Death Act, individuals may bring a wrongful death claim if they are related to the decedent in one of the following ways: Continue Reading ›

Liability in Rental Car Accidents in Florida – Adams v. Bell Partners

Published on: June 23, 2014 | by Law Offices of Robert Dixon

The use of rental cars is very common in Florida due to the high volume of visitors who travel to the state for business and pleasure every year. The high rate of rental car use also means that rental car accidents are quite common. Unfortunately, Florida laws pertaining to collisions in rented and leased vehicles favor insurance companies and car rental companies as opposed to the car accident victims. If you’ve been injured in a rental car accident then South Florida personal injury attorney Robert Dixon can help.

In Adams v. Bell Partners, the plaintiffs were injured in an automobile accident involving a rental car. The rental car was paid for by the driver’s employer, Bell Partners. Bell Partners had rented the car for their employee to use for business purposes. At the time of the collision, the vehicle was being driven by the employee’s husband. Bell Partners had an express policy that prohibited the use of rental vehicles by anyone other than an employee. Despite this policy, it was known by the employee’s boss that the employee often let her husband drive the rented cars, and he was also listed on the rental policy as a permitted driver.

The plaintiffs sued Bell Partners alleging the employer was liable for the accident since the car was rented in the company’s name. Specifically, the plaintiffs cited the dangerous instrumentality doctrine claiming the employer was vicariously liable for authorizing and paying for the employee to rent and use the vehicle. Bell Partners’s insurance company denied liability citing that company policy forbade the employee’s husband from operating the rented car and they did not have to cover the plaintiff’s damages because the employee’s husband was not an authorized user. Continue Reading ›