South Florida Injury Lawyer Blawg

Uninsured Motorist Benefits in Car Accident Cases

Published on: December 17, 2015 | by Law Offices of Robert Dixon

In Tibbets v. State Farm Mutual Automobile Ins. Co., a Florida plaintiff pursued uninsured motorist (UM) benefits from her parents’ automobile insurer after an automobile accident that took place in September 2014. At the time of the wreck, the plaintiff lived with her parents and was riding as a passenger in one of the cars insured by the policy. The insurance policy provided $100,000 in bodily injury and $100,000 in UM benefits. The plaintiff was named as a “resident relative” under the insurance policy. The driver of the car did not have permission to drive the car. In fact, the driver did not have any motor vehicle insurance at the time.

After the collision, the defendant denied liability coverage to Walker for the accident, since he did not have permission to drive the car. The plaintiff then pursued UM benefits under the defendant’s insurance policy.

Burn Injuries in Florida

Published on: December 17, 2015 | by Law Offices of Robert Dixon

Burn injuries can be extremely painful and often leave permanent scars. Unfortunately, many burn injuries happen due to accidents that could have been avoided. They may be caused by fires on property, motor vehicle collisions, flammable products, and inadequate flame retardation qualities. The American Burn Association reports that over 500,000 people are treated for burn injuries each year.

If you have suffered from a burn injury due to someone else’s negligence, you can potentially pursue compensation for your harm. Negligence is the failure to take reasonable care when engaging in a particular action. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. In order to establish negligence, the plaintiff must show that the defendant’s conduct deviated from the reasonable care standard and that this deviation was the direct cause of the plaintiff’s harm.

Parking Lot Accidents in Florida

Published on: December 9, 2015 | by Law Offices of Robert Dixon

Unfortunately, parking lot accidents take place frequently in Florida and across the United States. With automobiles and pedestrians continuously moving around, drivers have to be especially careful in parking lots. If you’ve been injured in a parking lot accident, it is important to seek the help of a qualified Miami injury attorney who can evaluate the facts of your case.

According to the National Highway Traffic Safety Administration (NHTSA), one out of every five automobile accidents occurs in parking garages and parking lots.

While most parking lot accidents take place at low speeds, they can lead to significant damages. Parking lot accidents can happen in two ways: when one car hits another or when a car hits a pedestrian. Even when the accident happens at a low speed, a pedestrian can suffer substantial injuries due to the sheer weight and power of the automobile. Common causes of parking lot accidents include not paying attention when backing out of a parking space, speaking on the phone while driving, or speeding in the lot.

Ordinary Negligence vs. Medical Negligence in Florida

Published on: December 9, 2015 | by Law Offices of Robert Dixon

Under Florida law, medical malpractice cases are subject to certain procedural requirements. If you have been injured by a health care professional, it is important to speak to a qualified Miami medical malpractice lawyer who can assess the merits of your case. At the Law Offices of Robert Dixon, our team has handled a variety of medical malpractice claims and can help you as well.

In Shands Teaching Hosp. & Clinics v. Estate of Lawson, the court addressed the distinction between medical negligence and ordinary negligence. The facts of the case are as follows. For safety reasons, a female patient was locked in a psychiatric unit of a hospital. After being there for more than two months, the patient managed to take an employee’s keys and escape from the facility. She ran onto a nearby highway, where she was hit and ultimately killed by a truck.

The patient’s estate filed a wrongful death claim against the hospital. The lawsuit alleged ordinary negligence. The hospital responded by filing a motion to dismiss the claim on the grounds that the plaintiff failed to follow the special pre-suit requirements for medical malpractice cases.

Information of Subsequent Accident Admissible in Florida Car Wreck Case

Published on: December 9, 2015 | by Law Offices of Robert Dixon

In Maniglia v. Carpenter, two men were involved in a car wreck on a Florida highway. The accident allegedly took place when the left front part of one car hit the right rear part of another car while changing lanes. The parties disagreed about the severity of the accident. The defendant and his passenger asserted that the accident was minor, whereas the plaintiff claimed that the accident was severe.

On the day after the crash, the plaintiff went to a chiropractor for neck and back injuries. An x-ray revealed that there were no injuries except for normal “wear and tear,” with no indication of an acute injury. As a result, the chiropractor did not place any work restrictions on him.

Approximately one month later, the plaintiff crashed into a car while driving a golf cart. He was thrown from the cart and was then involved in a physical altercation with the police. Reports indicated that he was intoxicated when this incident took place.

Weather-Related Motor Vehicle Accidents in Florida

Published on: November 19, 2015 | by Law Offices of Robert Dixon

While it is known as the Sunshine State, Florida has its fair share of poor weather conditions. Many drivers may assume that extreme weather causes the most accidents. However, studies show that most accidents take place in the rain. If you were involved in a weather-related accident, our Miami injury attorneys can help. We understand this is a difficult time for you and your family, which is why you can expect the utmost compassion from the entire team

According to the United States Department of Transportation (DOT), 23 percent of vehicle crashes are weather-related. Additionally, 20 percent of crash injuries and 17 percent of crash fatalities are also weather-related. DOT defines weather-related crashes as those that occur in the presence of adverse weather or slick pavement conditions.

Heavy rain and high winds can impair a driver’s ability to see properly on the road. This is precisely why it is important to be extra cautious when driving in inclement weather. When a driver fails to drive carefully in such weather conditions, he or she may be liable for any resulting harm. If a driver causes an accident due to speeding excessively or inappropriately changes lanes when there is poor visibility, he or she will likely be deemed negligent.

Jurisdiction Issue in Florida Product Liability Case

Published on: November 19, 2015 | by Law Offices of Robert Dixon

Product liability cases are complex, and they can become even more complicated when a foreign company is involved. At the Law Offices of Robert Dixon, our Miami product liability lawyers understand the nuances of this area of law and can put our knowledge to use in your case.

In Teva Pharmaceutical Industries v. Ruiz, a Florida resident was seriously and permanently injured after the propofol administered to him was contaminated with dangerous bacteria. The medication was manufactured by an Israel-based drug maker known as Teva Pharmaceutical Industries. The man sued the drug company for his harm.

The drug manufacturer responded by filing a motion to dismiss based on lack of personal jurisdiction. The issue in the case became whether a plaintiff can sue a foreign drug manufacturer when the incident took place in Florida.

Aggressive Driving in Florida

Published on: November 19, 2015 | by Law Offices of Robert Dixon

Each year, many people are injured and killed due to aggressive driving. Florida is one of 15 states that have enacted laws that specifically address the issue of aggressive driving. At the Law Offices of Robert Dixon, we understand these laws and can help you pursue damages from an aggressive driver that caused you harm.

According to the National Highway Traffic Safety Administration (NHTSA), 50 percent of drivers who are on the receiving end of aggressive behavior respond with a rude gesture. Reports also estimate that approximately 66 percent of traffic fatalities are caused by aggressive driving.

Aggressive driving describes a variety of unsafe driver behaviors. Florida’s Department of Highway Safety and Motor Vehicles defines aggressive driving as “violent or visibly angry behavior by a driver” that can lead to accidents or other incidents on the road. The NHTSA defines road rage as a step above aggressive driving in which one driver actually assaults another vehicle, either by using his car or by using a weapon, such as threatening with a gun.

Florida Supreme Court Clarifies Test in Product Liability Cases

Published on: November 10, 2015 | by Law Offices of Robert Dixon

If a product has injured you, you may be able to seek compensation for your harm. Product liability cases are extremely complex, and having the right attorney on your side can make all the difference in your case. At the Law Offices of Robert Dixon, our product liability attorneys understand the nuances of this area of law and will take the time to meticulously scrutinize the facts of your case.

In Aubin v. Union Carbide, the Florida Supreme Court reversed an appellate court’s adoption of more stringent proof requirements for injured parties.

The facts of the case are as follows. William Aubin filed the lawsuit after he contracted a fatal and incurable type of cancer known as mesothelioma in 2008. Aubin claimed that he got the disease by working with asbestos containing joint compound and texture sprays made by Georgia Pacific and provided by his employer. Aubin stated that Georgia Pacific did not warn users to wear masks to avoid the danger of inhaling the product’s hazardous dust. This, however, was not the issue in the lawsuit. Instead, Aubin said that the company Union Carbide, which mined, processed, and sold the asbestos to Georgia Pacific, should be held accountable for his harm.

Florida Man Alleges Nursing Home Failed to Save his Mother from Choking

Published on: November 10, 2015 | by Law Offices of Robert Dixon

Choosing a nursing home for a loved one is never easy. No matter how cautious you are in picking the right facility, things can go wrong. Unfortunately, nursing home neglect and abuse lead to many deaths each year. If your loved one died in a nursing home, you may be able to take legal action against the facility. Florida law protects the rights of nursing home residents and allows certain surviving family members to pursue wrongful death claims. At the Law Offices of Robert Dixon, our Miami wrongful death attorneys understand this area of the law and can help you get the justice and compensation you deserve for your harm.

Recently, a Delray Beach man filed a wrongful death claim against the Whitehall Boca, where his 72-year-old mother was recovering from pneumonia. The man claimed that his mother had a medical condition that made it very difficult for her to eat, drink, or swallow food.