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In some cases, personal injury matters cannot be settled in pre-suit negotiations. When this happens, the injured victim should file a lawsuit against the responsible party to seek damages for his or her injuries. During a civil lawsuit, there are many steps that have to be taken before the case actually reaches trial. One of these steps is jury selection. This is a very important part of the process. Robert Dixon is a highly qualified personal injury attorney who understands the lawsuit process, including jury selection as well as the role and responsibilities of a jury.

The American justice system is rooted in the idea that every individual is entitled to a fair trial. Thus, a jury must be comprised of a neutral and unbiased representative sample of the local population. Once the court summons a number of jurors, the group is narrowed down through a process known as “voir dire.” Voir dire is used to ascertain if a particular juror is biased or if there is a reason that the juror should not be allowed to serve on the jury. The following reasons would be considered cause for a juror not to serve:  knowledge of the facts, relationship or acquaintanceship with one of the parties, or being involved in a prior lawsuit under similar circumstances.

The jury selection process can affect the result of a case. In Pembroke Lakes Mall v. McGruder, for example, two defendants were sued in a slip and fall case. The jury returned a verdict in favor of the plaintiff, who had slipped and fallen on a wet floor while visiting Pembroke Lakes Mall. The defendants subsequently filed a post-verdict motion to avoid a judgment. They alleged that they were improperly denied the opportunity to question four jurors who failed to communicate their involvement in prior litigation. Continue Reading ›

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In most cases, determining where you should file your lawsuit is pretty easy to ascertain. The matter can become much more complicated, however, if one party is not from the state. Florida is a tourist hub, which means there are lots of travelers from other places on the road at any given time. Often, automobile accidents occur because people are not familiar with the area or local driving rules. When parties in an accident are from different jurisdictions, the process of filing a lawsuit can be quite complex. In Branch v. Selmo, the court addressed the issue of car accidents involving international drivers.

The facts of the case are as follows. The plaintiff was seriously injured in a car accident while she was in Florida on a business trip from Barbados. The plaintiff was not driving. She was a passenger in the car while her co-worker operated the vehicle. The co-worker was at fault for the car wreck. The plaintiff’s employer was a bank in Barbados. The plaintiff subsequently sued her co-worker and the bank she worked for in Barbados but did not pursue the case any further. Instead, she filed a lawsuit against the same defendants in the state of Florida a year before the statute of limitations was about to expire.

The case progressed in Florida over the next few years until a trial was set. At that time, the co-worker filed a motion to dismiss the lawsuit, claiming that Barbados was the appropriate forum to litigate the matter. The co-worker further reasoned that if the verdict was not favorable to the plaintiff in Florida, she would still be able to pursue a lawsuit in Barbados. In this way, the plaintiff could seek a “double recovery.” Continue Reading ›

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Like every other state, Florida has a specific statute of limitations when it comes to personal injury claims. The statute of limitations is defined as a state or federal time limit in which a legal proceeding can be brought. It is designed to encourage individuals to act in a timely manner and not pursue claims too long after the incident occurs, when there is a potential that evidence is lost and memory has become stale.

In the state of Florida, a personal injury claim must be filed within four years from the date of the accident in the state’s civil courts. This law is codified in Florida Statutes 95.11. If this time period passes and you do not take legal action, unless an exception applies, you lose your right to file a lawsuit and seek damages altogether. In other words, if the statute of limitations expires, you will be barred from filing a lawsuit.

Time frames differ slightly when you are pursuing legal action against a city, county, or state government.  Continue Reading ›

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Every year, a number of people in Florida get into various types of accidents and suffer personal injuries. Under state law, an injured party may seek compensation for his or her injuries from the at-fault party by filing a personal injury lawsuit. Personal injury claims are rooted in the legal principle of negligence, which denotes the failure to take proper care when doing something, which leads to foreseeable harm. Put another way, negligence law is designed to hold people responsible for their careless or reckless actions that cause injury to another.

While some cases go to trial, most cases settle out of court. Laws surrounding settlements, however, can be complex and nuanced, which is why it is always important to consult a qualified attorney who can help you understand and comply with all the procedural requirements that may come into play.

In Design Home Remodeling Corp. v. Santana, an individual was injured in a slip and fall accident while on premises owned by a condominium association. Some time later, the man and his spouse filed a lawsuit against the association, alleging negligent maintenance of the premises. The association answered by saying that another company was accountable for any negligent maintenance. As a result, the plaintiffs amended their original complaint to add the other company as a defendant, claiming that the company did not adequately warn the individual of a slippery liquid on the ground, which ultimately led to his fall. Continue Reading ›

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If you are injured through a slip, trip, and fall on someone else’s property, you may be able to seek compensation for your injuries. Property owners have an obligation to keep their premises in reasonably safe conditions to ensure that those who lawfully enter the land do not unduly injure themselves. There are very specific premises liability rules that govern slip and fall cases, which is why it is important to consult an experienced Miami injury attorney.

In Tallent v Pilot Travel Centers, the plaintiff fell on a fuel spill at a gas station and sued the gas station under the theory of negligence. Specifically, the plaintiff claimed that the negligent maintenance caused him to fall. Negligence is the failure to take proper care in doing something. The doctrine is intended to encourage individuals to act in a sensible and prudent manner so as not to cause foreseeable harm to others. The defendant claimed that the spill was open and obvious, and the company followed procedure to clean it up.

The Second DCA noted that because the plaintiff was a business invitee, he was owed two duties by the defendant:  the duty to use reasonable care in maintaining the property in a reasonably safe condition, and  the duty to warn of dangers that the owner knew or should have known about that were unknown by the invitee and could not have been known by the invitee through the exercise of reasonable care. Continue Reading ›

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Every year, a number of people are hurt in the state of Florida and throughout the United States. Individuals who have been injured in a personal injury accident have the legal right to seek compensation for their harm from the party that caused the accident and resulting injuries. This is typically done through the plaintiff filing a negligence claim. Robert Dixon is a highly skilled Miami personal injury lawyer who understands what it takes to prevail on a negligence claim. The Law Offices of Robert Dixon has helped countless clients get the compensation they deserve for their injuries.

Negligence is the principle that individuals should take proper care when doing something. Specifically, an individual should use reasonable care in his or her actions or omissions so as not to cause foreseeable harm. In order to succeed on a negligence claim, the plaintiff must establish that the defendant owed the plaintiff a duty of care, the defendant failed to exercise the required duty of care, the defendant’s breach was the proximate cause of the plaintiff’s injuries, and the plaintiff incurred quantifiable damages.

Proximate cause is a legal term used to refer to direct cause. Put another way, proximate cause refers to an act that causes an injury as a natural and uninterrupted consequence, without which damage, injury, or destruction would not have occurred. The act and loss must be related with no other interference. Causation is a necessary element of a negligence claim, and it can often be tricky to prove. Continue Reading ›

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Depositions are an important part of trial. A deposition is a witness’ sworn out-of-court testimony as part of the discovery process. In some cases, information obtained through a deposition may be used at trial. In Guillen v. Vang, a car accident victim was spotted on a surveillance camera undertaking physical activity that he previously claimed in his deposition that he could not perform as a result of a crash. Upon this finding, the trial court issued a final judgment dismissing his personal injury claim for fraud on the court.

The plaintiff appealed the trial court’s decision. Florida’s Fifth District Court of Appeals reversed the lower court’s ruling, holding that the video evidence, on its own, was insufficient as evidence that the plaintiff had perpetrated fraud on the court. While it could affect the plaintiff’s credibility in the eyes of the jury, the discrepancy was not enough to dismiss the case entirely.

Under Florida law, the basic standard for “fraud on the court” entails conduct where it can be “demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere” with the court. Put another way, the individual must have actively mislead the court or tricked the court to his or her advantage. It is important to note that the evidence necessary to conclude “fraud on the court” is “clear and convincing,” which is higher than “preponderance of the evidence.” Thus, the burden of proof is quite high. Often, plaintiffs who offer inconsistent testimony may be suffering from poor memory, they may be making a mistake, or there may be a misunderstanding. Continue Reading ›

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If you or someone close to you has been injured due to the negligence of another person, you can seek compensation for your injuries through a negligence claim. Issues of liability can be complex, and insurance companies can often be a nightmare to deal with. This is precisely where we come in. Robert Dixon is a highly skilled Miami personal injury lawyer who is well versed in this area of law and can help you get the compensation you deserve.

In Hubner v. Old Republic Insurance Co., the Fifth District held that a Boy Scouts of America Volunteer who was injured in a car crash when returning home from an Eagle Scout Project was deemed to be within the scope of his duties as a “registered volunteer” at the time of the accident for the purposes of insurance.

The facts of the case are as follows. Alan Norton was a registered volunteer with the Boy Scouts of America. He routinely participated in Boy Scout activities. Prior to the accident, Norton was helping a scout complete an Eagle Scout project. The project entailed cleaning up a cemetery that had become messy because of overgrown trees and debris. The cleanup effort took a few weeks in total. Continue Reading ›

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When you’ve been injured in an accident, you may be able to pursue a type of medical payment often referred to as “med pay.” While available in some auto accident cases, med pay policies are most often present at condominiums, community and homeowner associations, and retail outlets.

When it comes to premises liability cases, med pay generally refers to a contractual provision within an insurance policy that covers accidents occurring on the insured’s property. “Med pay” is typically available to anyone who is injured in the areas under the control of a business or home. Med pay is not a mandatory coverage but is often found in residential and commercial properties as a “good will” provision to insure people who may be injured on the property.

In most cases, policies simply require proof that the injury occurred and not any information regarding who was at fault. In other words, the plaintiff only needs to show causation:  that the injury resulted from an incident on the property. Once this is established, the injured individual is entitled to obtain money to pay for his or her medical bills up to a certain amount. Continue Reading ›

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If you or someone you know has been injured in a tire blowout accident, it is important to contact a qualified attorney who can help you obtain the compensation you deserve for your injuries. Every year, a number of people are injured and killed due to tire failures.

There are many reasons a tire can blow out, ranging from thread separation to balding tires. In some cases, tire manufacturers are responsible for the defective tire that caused the accident. Examples of defective tires include poor tire construction, manufacturing defects, de-beading, tire shedding, de-trading, and even adhesion failures.

Faulty or defective tires can lead to devastating accidents resulting in very serious injuries, and in the most unfortunate cases, death. The National Highway Traffic and Safety Administration (NHTSA) estimates that tire failures, including blowouts, cause over 8,000 serious traffic accidents every year. Continue Reading ›

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