South Florida Injury Lawyer Blawg

Preponderance of the Evidence Standard in Florida Civil Cases

Published on: November 2, 2017 | by Law Offices of Robert Dixon

Careless conduct causes injuries and even deaths in Florida and across the United States on a daily basis. If you or your loved one has been hurt in an accident caused by someone else’s negligence, you need to reach out to a seasoned Miami accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have years of experience and know how to establish fault in personal injury cases. You can trust that we can uncover the facts of your case and determine the viability of your claim.

Most personal injury cases are rooted in the theory of negligence. Negligence occurs when a person is injured or killed due to another party’s failure to use reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to establish negligence, the injured party has to demonstrate the following elements: i) the at-fault party owed a duty of care to the accident victim; ii) the at-fault party breached the duty of care owed to the accident victim; and iii) the at-fault party’s breach was a direct and proximate cause of the accident victim’s injuries. In some cases, negligence takes place when a person fails to act when there is a duty to do so.

The burden of proof in negligence cases falls on the plaintiff, who must show negligence by a ‘preponderance of the evidence.’ Under this standard, also known as the ‘greater weight of the evidence’ standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will prevail. Another way to think about this standard is to think about the scales of justice – if the plaintiff’s evidence outweighs the defendant’s evidence, even by a marginal amount, the plaintiff will win the case. Essentially, the plaintiff must prove that their assertions are more likely true than not. If they have proven the case to a 50.1 percent degree of certainty, they will succeed. However, if the plaintiff cannot reach this threshold, the defendant will win.

The Element of ‘Causation’ in Florida Personal Injury Cases

Published on: November 2, 2017 | by Law Offices of Robert Dixon

If you have been hurt in an accident caused by someone else’s negligence or wrongful act, you need to reach out to a skilled Miami personal injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to helping our clients understand their rights and helping them secure the compensation they deserve for their harm.

Negligence is a fundamental concept in personal injury cases. Personal injury cases are a way for people to be compensated for the wrongdoings of a third party that culminated in their sustaining an injury. Examples of serious accidents include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, defective product incidents, medical malpractice, slip and falls, and construction accidents.

Personal injury cases are typically rooted in the theory of negligence. Negligence takes place when an individual causes an injury or death by failing to use reasonable care in their actions. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. It is important to note that negligence can also occur when a person fails to act when he or she had a duty to do so. In order to establish negligence, the plaintiff must establish:

The defendant owed the plaintiff a duty to use reasonable care;
The defendant breached the duty;
The defendant’s breach was a direct and proximate cause of the accident and the plaintiff’s resulting damages.

Directed Verdict in Florida Personal Injury Cases

Published on: November 2, 2017 | by Law Offices of Robert Dixon

If you have been injured in Florida due to someone else’s negligence, you have rights. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys are committed to getting clients the compensation they deserve for their harm. With years of experience, we understand the nuances of this area of the law and can apply this knowledge to your case.

Moving for a directed verdict is not uncommon in Florida trials. It works in the following way. After the plaintiff puts on their case, the defendant moves for a directed verdict, stating that even assuming all of the evidence is true, and all of the inferences relating to the case favor the plaintiff, the plaintiff failed to prove their case as a matter of law. Essentially, a directed verdict is a verdict that the judge has either ordered the jury to find, or, alternatively, the judge has taken the case from the jury and rendered the verdict without the jury’s deliberation.

A directed verdict is only used when the evidence for either the plaintiff or the defendant in a case is so weak that the law cannot possibly support a finding in favor of that party. As a result, the directed verdict is entered in favor of the other party. The Florida Supreme Court has held that in order for a court to remove a case from the judge or jury and grant a directed verdict, there must only be one reasonable inference from the plaintiff’s evidence. Thus, if the jury is forced to stack inferences to find that the plaintiff presented a prima facie case of the defendant’s negligence, a directed verdict will be justified.

Examinations Under Oath in Florida

Published on: October 19, 2017 | by Law Offices of Robert Dixon

If you have been injured in a car accident that was not your fault, you may be entitled to compensation. At the Law Offices of Robert Dixon, our firm helps clients through every part of the legal process, including preparing clients for statements and Examinations Under Oath (EUO). Our firm has extensive experience in handling insurance cases for Florida clients. An EUO could have serious consequences for your case, which is why you should reach out to a seasoned Miami car accident attorney regarding the matter and even take that attorney with you to the proceeding.

After an automobile accident, if an insured party files a claim for personal injury protection (PIP) benefits under an automobile insurance policy or a policy for medical payment coverage or uninsured motorist (UM) coverage, that party is very likely going to have to attend an EUO. Similarly, if you were a passenger in someone’s car at the time of an accident and are seeking UM coverage, you will likely be required to give the insurance company a statement of EUO.

The EUO is a proceeding in which the insured is asked questions by the insurance company’s representative, typically an attorney, in the presence of a certified court reporter under oath. Put another way, after an automobile accident involving injuries, an EUO gives an opportunity for a representative of a car insurance carrier to get answers from the insured under oath. As a policyholder, you are required to comply as part of the auto insurance company’s accident claims investigation process.

Hospital Negligence in Florida

Published on: October 19, 2017 | by Law Offices of Robert Dixon

Every patient in Florida and across the United States deserves competent medical care. When we go to a hospital, we expect to get better rather than worse. Sadly, hospital negligence can lead to serious injuries and, in the most serious cases, death. If you or someone close to you has been injured due to hospital negligence, it is important to reach out to a skilled Miami medical malpractice lawyer as soon as possible. At the Law Offices of Robert Dixon, we understand how to navigate these types of claims and pursue the compensation that our clients deserve for their harm.

Doctors, nurses, and other medical professionals at a hospital play a vital role in a patient’s treatment and recovery. When these health care providers make an error, it can have serious consequences for a patient’s health. Some examples of hospital errors include but are not limited to:

Administering the wrong medication;
Administering the wrong dosage of medication;
Performing the wrong medical procedure on a patient;
Performing a procedure on the wrong body part;
Failing to follow a doctor’s orders;
Anesthesia errors;
Misdiagnosis, failure to diagnose, or delayed diagnosis of a particular condition; or
Allowing bedsores to develop.

Defective Florida Playground Equipment

Published on: October 19, 2017 | by Law Offices of Robert Dixon

Each day, children across Florida spend time at public and private playgrounds. Playgrounds are places where children go to make new friends and enjoy themselves, but they can also be dangerous places. If you or a loved one suffered an injury from defective playground equipment, our seasoned Miami product liability attorneys can help. At the Law Offices of Robert Dixon, we can examine the circumstances of your injury and determine what happened. You can trust that we will work efficiently on your behalf to help you pursue the compensation you deserve in your case.

According to the Centers for Disease Control and Prevention (CDC), more than 200,000 children under the age of 14 are taken to emergency rooms for injuries that take place on playgrounds. In fact, approximately 75 percent of all non-fatal playground-related injuries occur on public playgrounds, mainly daycare centers and schools. Almost half of all playground-related injuries are serious injuries, such as concussions, fractures, internal injuries, dislocations, and even injuries that necessitate amputations.

If you have been injured by faulty playground equipment, you and your family deserve to be compensated for the harm. Of course, not every playground accident is actionable, since physical activity can inherently put a child at some risk of an accident. However, if your injury was caused by defective playground equipment, you may be able to sue the manufacturer through a product liability claim. Some examples of playground equipment defects include but are not limited to:

Railroad Crossing Accidents in Florida

Published on: October 19, 2017 | by Law Offices of Robert Dixon

While trains might not be a part of your transportation routines, the reality is that there are many trains in Florida and throughout the United States. Freight trains, high speed trains, and inter-city trains are different types of trains that may present dangers at railroad crossings. If you or someone close to you has been injured in a railroad crossing accident, it is imperative to reach out to a skilled Miami train accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to holding negligent parties accountable for the harm that they cause.

Federal Railroad Administration statistics show that more than one person is killed each day at railroad crossings across the United States. Other estimates suggest that there are nearly 3,000 train accidents each year across the country. There are a variety of ways that railroad crossing accidents can take place, including but not limited to:

Careless lookouts for cars and motorists near the tracks;
Defective railroad crossing gates and signals;
Trains that fail to sound their horns when approaching a crossing;
Poor crossing designs;
Objects protruding from the train;
Trains parked too close to a crossing; or
Poor visibility at a railroad crossing.

Florida Underride Accidents

Published on: October 4, 2017 | by Law Offices of Robert Dixon

Truck accidents can have devastating consequences for people in the smaller vehicle involved. If you or your loved one was injured in an underride accident, it is imperative to seek the help of a Miami truck accident attorney without delay. At the Law Offices of Robert Dixon, we can help you hold negligent parties accountable and recover the compensation you deserve for your harm. For years, we have vigorously advocated for South Florida victims and can do the same for you.

According to the National Highway Traffic Safety Administration (NHTSA), more than 400 people die each year due to underride accidents. The NHTSA further estimates that more than 5,000 occupants of passenger vehicles sustain severe injuries in these types of crashes on an annual basis.

Underride accidents typically occur when a passenger vehicle collides with a truck and runs under it. Even at relatively low speeds, these accidents can lead to serious injuries and even death to drivers and passengers in the car. There are two types of truck underride accidents that may happen: side underride collisions and rear underride collisions. A side underride collision happens when a passenger car slams into the side of a truck and then slides under it. A rear underride collision occurs when a passenger vehicle runs under the rear of a truck or semi-trailer.

Segway Accidents and Injuries in Florida

Published on: October 4, 2017 | by Law Offices of Robert Dixon

Segways can often be seen in malls, beaches, and other outdoor spaces. While these transportation devices can be fun, they can also be dangerous. If you or your loved one has been injured on a Segway, you should reach out to a skilled Miami personal injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can apply our understanding to your case.

A Segway is a two-wheeled personal transport system that uses the weight of the rider to determine speed and direction. Segway riders lean forward to increase the speed and stand upright to slow down. A Segway’s top speed typically caps at 12.5 miles per hour, which may not seem very fast, but to put it into perspective, the average bicycle speed is around 9.6 miles per hour. As a result, Segway accidents can result in serious harm to a victim, including spinal cord injuries, broken bones, head injuries, facial injuries, and more.

According to a George Washington University study, Segways are extremely dangerous. The study examined the medical records of 41 people in Washington, D.C. who were admitted to emergency rooms at the university hospital from 2006 to 2008. The survey found that there was a steady increase in Segway injuries each year, and the overall percentage of serious injuries was even higher than for pedestrian accident injuries. Of the 41 documented injuries, 24 percent were for serious injuries that involved admission to the hospital.

Car Seat Injuries in Florida

Published on: October 4, 2017 | by Law Offices of Robert Dixon

Car seats save the lives of children in Florida and elsewhere in the United States each year. When a child’s car seat is defective, however, the child can sustain serious injuries or even die as a result. If your child has been hurt by a defective car seat, it is vital to reach out to a skilled Miami product liability attorney who can help evaluate your case. At the Law Offices of Robert Dixon, we are committed to holding negligent parties accountable and getting our clients the compensation they deserve.

Just this summer, Britax Child Safety recalled over 207,000 rear-facing infant car seats because part of a clip can break and create a choking hazard. According to documents, parts of the car seat were found in the mouths of three children, although no choking injuries were reported. Unfortunately, recalls like this are commonplace for child safety seats, especially for car seats that have been on the market for a long time. Some examples of car seat defects are as follows:

Flaws in the harness;
Low chest clips;
Sudden release of the car seat;
Flammable material;
Choking hazards;
Weak construction;
Base separation; and
Faulty locks.