South Florida Injury Lawyer Blawg

Plaintiff’s Claim Against Pharmacy Dismissed for Procedural Error

Published on: April 26, 2018 | by Law Offices of Robert Dixon

Unfortunately, medical errors affect many people in Florida every year. If you have been harmed due to a medical professional’s negligence, you need to reach out to a reputable Miami medical malpractice attorney without delay.

In a recent case, the plaintiff filed a claim against a doctor and a pharmacy for overprescribing medication. The deadline for pre-discovery passed, and the plaintiff had not identified any expert witness who would be testifying for her at trial. The court determined that the plaintiff had failed to designate any expert on the applicable standards of care until the day on which the district court had scheduled the summary judgment hearing. The district court ruled that since the plaintiff was late in naming an expert, the expert should be excluded, and without expert testimony, the plaintiff would not be able to establish his or her case based on the alleged standard of care violation by the defendants.

The plaintiff appealed. The appellate court affirmed the lower court’s decision, explaining that trial courts have broad discretion regarding how to handle their caseloads, including imposing sanctions when a party fails to comply with relevant deadlines. For starters, the court pointed out that the plaintiff had not preserved the issue for appeal, and even if the issue had been properly preserved, the plaintiff would not have been able to win because she failed to explain why the notice of expert testimony was filed more than three months past the discovery deadline. Ultimately, the plaintiff’s case was dismissed against the doctor as well as the pharmacy.

Florida Teens Killed in Wrong-Way Accident

Published on: April 26, 2018 | by Law Offices of Robert Dixon

Car accidents are always scary, but imagine driving down the road only to realize that there is a vehicle driving toward you in the wrong direction. That situation could lead to a serious, even deadly head-on collision. If you or someone close to you has been injured in a wrong-way accident, you need to reach out to an experienced Miami car crash attorney who can help. At the Law Offices of Robert Dixon, we are committed to helping our clients seek the compensation they deserve for their injuries.

Earlier this month, a 98-year-old man killed two teenagers as he drove his RV the wrong way on a Florida road and caused a head-on collision with a pick up truck. The two teenagers, who were both wearing their seatbelts at the time of the accident, were pronounced dead at the scene. The man was rushed to the hospital and was last reported to be in critical condition. He had a passenger in the RV, a 75-year-old woman, who also suffered serious injuries. At the time of the tragic accident, the two girls who were killed were on their way to a BBQ dinner.

Wrong-way driving takes place when a person drives against the direction of traffic. This is a serious mistake and can lead to serious, even fatal accidents. Wrong way driving most often results in head-on collisions. The National Highway Traffic Safety Administration (NHTSA) found that wrong way drivers are involved in 1.5 percent of overall deadly crashes. In addition, NHTSA data reveal that, on average, about 350 people are killed each year nationwide in wrong-way freeway accidents. In Florida, the Florida Department of Transportation reports that 280 wrong-way accidents killed 75 victims on Florida highways between 2009 and 2013.

Tesla Crashes Through Wall of Florida Gym

Published on: April 26, 2018 | by Law Offices of Robert Dixon

Car accidents can be extremely serious, resulting in injuries and sometimes death. Electric cars are no exception. If you believe you have been injured due to a defective electric vehicle, you need to reach out to a Miami car accident attorney. At the Law Offices of Robert Dixon, we understand how to investigate and establish auto defects. With years of experience, you can rest assured that we will provide detail-oriented and personalized representation at every step of the way.

A Tesla Model X recently crashed through two separate walls of a Florida gym. The vehicle almost hit a man who was just stepping off a treadmill, but fortunately he did not get hurt. No one, including the driver, was injured in the incident. The driver of the car told authorities that she hit the brakes, but the car kept accelerating on its own.

Unfortunately, this is not the first report of a Tesla accelerating on its own and resulting in a crash. In 2016, there were a series of similar claims. Almost all of those cases took place in parking lots as the driver pressed the brake to come to a complete stop, but the vehicle sped up and crashed instead. Tesla investigated those claims, and data logs revealed that the drivers had pressed the accelerator pedal in those cases.

Florida Law Allows Child Support Garnishment of Wrongful Death Damages

Published on: April 19, 2018 | by Law Offices of Robert Dixon

Losing a loved one is never easy, but it can be even more difficult when the death is unexpected. It can be difficult to know what to do after such a loss, but you don’t have to face the process alone. If you have lost a loved one due to the negligence of another party, you need to reach out to a skilled Miami wrongful death attorney who can help. At the Law Offices of Robert Dixon, we understand how to move through these claims to help our clients get the maximum appropriate compensation in their case. Time is of the essence in these cases, so it is vital to act quickly.

In Florida, F.S. 409.25656 allows for the garnishment of any personal injury or wrongful death damages for certain financial obligations, including child support. The Tennessee Supreme Court recently addressed this issue in a wrongful death case in which the court held that an individual who owes child support is not able to receive monetary damages from a wrongful death claim.

In a recent case, a married couple had a son named Uriah who was born in 2009. A month later, the husband abandoned his wife, although they never divorced. He never provided any financial support to his wife for the child. In 2010, when Uriah was 18 months old, the wife died unexpectedly in a car crash involving a teenage driver. After the wreck, the court handed custody of the child to his maternal grandmother.

Chain Reaction Accident Kills Soldier and Injures More in Florida

Published on: April 19, 2018 | by Law Offices of Robert Dixon

If you or a loved one has been injured in a chain reaction accident caused by someone else’s negligence, you may have legal options and should reach out to a knowledgeable Miami car crash attorney as soon as possible. At the Law Offices of Robert Dixon, we understand that the legal process is stressful, but you don’t have to go through it alone. We are prepared to answer your questions and address your concerns in regard to your case.

Earlier this year, a Florida National Guard soldier died and five others were injured in a chain reaction crash involving military vehicles in Sebring. An initial investigation revealed that three Palletized Load System vehicles (similar to a semitrailer truck) collided in a chain reaction crash. The convoy was traveling north on the highway when the third vehicle failed to stop for a red light in time and hit the second vehicle. The driver of that vehicle sustained fatal injuries and had to be extricated from the damaged vehicles. No civilians were involved in the accident.

Chain reaction accidents, also commonly known as multi-vehicle accidents, take place when more than two cars hit each other in a chain of rear-end accidents. Unfortunately, chain reaction accidents are more common than you may think. The National Highway Safety Administration (NHTSA) found that more than 15,000 people are killed in chain reaction accidents every year, and about 57.2 percent of crashes involve two or more vehicles. In addition, a total of 12 percent of the measured crashes involved three or more vehicles. The NHTSA also reports that around 40 percent of all car accident fatalities arise from multi-vehicle crashes.

Florida Court Holds Insurance Company Must Cover Golf Cart Accident

Published on: April 19, 2018 | by Law Offices of Robert Dixon

An unexpected accident can not only result in painful injuries but also lead to numerous doctors’ visits and even days off from work. If you or a loved one has been injured in an accident that was not your fault, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami accident attorneys understand the nuances of Florida personal injury law and can apply this knowledge to your case. We are here to answer your questions and address your concerns.

Florida is known for its lush golf courses. While most people enjoy the activity without incident, the reality is that Florida golf cart accidents are quite common. Some of these accidents can result in serious and long-term injuries. In most cases, a person who sustains an injury can file a claim for damages against the at-fault party. The at-fault party’s insurance company will then evaluate the case and make or deny payments for medical expenses and other losses accordingly.

A Florida appeals court recently issued an opinion in a case involving a female pedestrian who suffered injuries after being hit by a golf cart. The woman was walking along a path in a retirement community when she was hit by another resident driving a golf cart. Sadly, the operator of the golf cart who caused the crash did not have enough insurance coverage to properly compensate the victim for her harm. As a result, the woman had to file a claim under her own insurance policy’s underinsured motorist (UM) provision.

Truck Driver Killed by SunRail Train in Florida

Published on: March 14, 2018 | by Law Offices of Robert Dixon

Train accidents can lead to devastating damage. Not only can these accidents lead to serious injuries, but also in some cases, these accidents can lead to death. If you have been injured in a train accident, it is important to consult a Miami train accident attorney without delay. At the Law Offices of Robert Dixon, we can help you seek the compensation you need to move on with your life. With years of experience, we understand how to navigate these complex claims.

A truck driver was killed in Florida in early December when a SunRail train slammed into a semitrailer, according to the Florida Highway Patrol. The driver of the semi died at the scene of the accident. He had stopped on the tracks and was attempting to back into a business loading dock. As he tried to maneuver the truck, the crossing arms for the railroad tracks came down onto the truck. People were yelling at the driver, trying to warn him of the train. He tried to get out, but it was too late. Unfortunately, this is not the first time a train accident has led to a fatality in Florida. Earlier this year, a man was struck and killed by a SunRail train in Longwood. That death marked the sixth commuter train-related death in 2017, according to the Florida Department of Transportation.

Railroad companies are responsible for making sure that railroad crossings, gates, and all accompanying signs are in proper working order. If a railroad company does not provide or maintain these key features, and an injury or death takes place, the company may be liable for the accident and any resulting harm. It is important to note that a conductor and his or her employer may be liable for a train accident as well.

Florida Workplace Deaths Rise While the National Average Declines

Published on: March 14, 2018 | by Law Offices of Robert Dixon

Unfortunately, workplace injuries and deaths are quite common in Florida and throughout the United States. If you have lost a loved one in an on-the-job accident, you need to reach out to a seasoned Miami workplace accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we understand the devastation that an unexpected death can have on a family, which is why we will handle your case with the utmost compassion.

Although the national average of workplace deaths has declined in recent years, Florida’s workplace fatalities have risen, making it the state with the third-highest number of fatal work injuries in the country. While the workplace death rate in Florida is still lower than the national average, things seem to be moving in the wrong direction. According to the United States Bureau of Labor Statistics, Florida’s workplace fatalities rose from a rate of 2.7 for every 1,000 full-time workers to 3.1 for every 1,000 workers. Meanwhile, the national workplace fatality rate dropped from 3.43 to 3.38.

While a workplace accident can lead to death in any industry, it most often happens in construction. According to the Occupational Safety and Health Administration, one-fifth of the nationwide workplace deaths in 2015 were in the construction industry. The four leading causes of death in the construction industry were as follows: falls, being struck by objects, electrocutions, and being caught in-between equipment, objects, or collapsing structures.

Fractures in Florida Nursing Homes

Published on: March 14, 2018 | by Law Offices of Robert Dixon

Falls are the leading cause of injuries to the elderly. While a fracture or broken bone may seem like a relatively minor injury, the reality is that these injuries can have a significant impact on an elder’s ability to perform basic day-to-day tasks. If you have suffered a broken bone or fracture in an accident caused by someone else’s negligence at a nursing home, we can help. At the Law Offices of Robert Dixon, our Miami nursing home negligence attorneys can scrutinize the facts of your case and help you pursue the compensation you deserve for your harm.

A fracture refers to a broken bone. It can be a thin crack to a complete break. A bone can be fractured in just one place or in many places. A fracture can occur on almost any bone in the body. A fracture can happen in one place or in multiple places on the same bone. A simple fracture occurs when the bone breaks but does not pierce the skin, whereas a compound fracture takes place when the bone breaks and pierces through the skin. For seniors at a nursing home, fractures can have devastating consequences. Particularly for adults who are 65 years old and older, fractures can take months to heal, and, in some cases, they never heal properly.

In nursing homes, fractures are most often results of slip and fall accidents. Unfortunately, many nursing homes do not take adequate measures to make sure their residents are safe from the risk of falls. Lack of proper supervision, poor lighting, and even physical abuse can contribute to a higher risk of falls. As a result, it is imperative that nursing homes take all necessary measures to make sure residents do not face unnecessary risks of falls or injuries.

Florida Customer Sue McDonald’s for Injuries Caused by Hot Coffee Spill

Published on: March 14, 2018 | by Law Offices of Robert Dixon

Burn injuries can have serious and long-term consequences for a victim. Not only are these injuries extremely painful, but also they can leave terrible scars. If you or someone close to you has suffered a burn injury in an accident caused by someone else’s negligence, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami burn injury attorneys can analyze the facts of your case and provide you with an honest assessment of your claim.

Earlier this month, an Orlando woman filed a lawsuit against McDonalds, alleging the restaurant failed to properly secure the lid of a hot coffee cup, which led to her injuries. According to the complaint, the woman was at the drive-through at McDonald’s when an employee handed her a hot cup of coffee. As the woman took a sip, the hot coffee spilled onto her. The woman claims that the spill and subsequent injuries occurred because the McDonald’s employee did not secure the lid properly. She is seeking damages for physical injuries, mental anguish, loss of earnings, and medical expenses.

This is not the first Florida case involving a hot coffee spill. Earlier this year, a Florida woman was awarded $100,000 after a 2014 incident at a Starbucks drive-thru in Jacksonville that left her physically injured. About $85,000 of the total award was for pain and suffering, and about $15,000 was for medical bills. The woman alleged that the Starbucks employee failed to fasten the lid properly, which led to the 190-degree drink spilling all over her lap, leaving her with permanent scars from first- and second-degree burns.