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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

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While Florida car accident cases often include claims against other drivers, there are a wide variety of circumstances in which third parties like manufacturers, parts makers, designers and repair shops may be liable for a crash. In Noyes v. Universal Underwriters Insurance Company, the U.S. District Court for the Middle District of Florida recently took on a case against an insurer that evolved from a separate case against an allegedly negligent auto repair shop.

Mr. Chattelle sued Tampa Auto Service following a Florida car accident in which Chatelle’s wife was severely injured. He alleged that the company wrongly decided to repair rather than replace a flat tire on the vehicle when he brought it into the shop three months earlier and said the defective tire caused the crash. Tampa Auto and its employees, including service manager Mr. Noyes, were insured by Universal Underwriters.

Seven months after he filed the case, Universal Underwriters’ counsel – Mr. LoNigro – sent Chattelle a letter offering to settle the matter for $1.3 million, which was the policy limit. Chattelle rejected the offer and later amended his complaint against Tampa Auto to include Noyes as a Co-Defendant. The case proceeded to trial, where a jury awarded Chattelle $7 million in damages against Tampa Auto and $6 million in damages against Noyes individually. Continue Reading ›

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Truck accidents are a serious matter. If you’ve been in a collision with a truck, then you understand how traumatic an experience it can be. Truck accidents often result in serious injuries including broken ribs, traumatic brain injury, spinal cord injuries and/or even death.

Florida has specific laws that pertain to trucks. Truck owners and operators must follow strict guidelines when it comes to maintaining their vehicles. The size and mass of trucks coupled with high speeds make it difficult for it to suddenly stop or even slow down. Consequently, when a truck collides with another vehicle, the results can be devastating.

In 2010, the National Highway Traffic Safety Administration reported that 276,000 large trucks were involved in automobile accidents killing 3,675 people and injuring 80,000. Florida is no exception to the deadly truck accidents that occur nationwide. Each year, thousands of people are killed and injured in truck accidents. To make things worse, many are left with heavy financial burdens to deal with in the aftermath of the accident. Continue Reading ›

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If you’ve been injured in an automobile accident, guidance and representation by a reputable South Florida personal injury attorney like Robert Dixon can make all the difference.  Robert Dixon understands that an automobile accident can be a traumatic event which is why he is committed to handling your claim for you.

Sometimes, the cause of an accident is clear and ascertaining fault is easy. For example, a driver failing to observe a stop sign, driving at excessively high speeds or swerving in and out of lanes can lead to a reasonable allocation of fault. In Florida, the driver deemed to be negligent is liable for injuries and any damage that results from the accident. However, the issue of liability can become more complicated if the cause of the accident was the driver suffering from an unforeseeable medical episode behind the wheel.

In Marcum v. Hayward, the plaintiff was rear-ended at a red light. The driver of the other vehicle was an assistant manager driving a company vehicle with a coworker as a passenger. The driver later testified that she had momentarily blacked out, woke up, and then lost consciousness again just immediately prior to the accident. The coworker and passenger confirmed that the driver had stated she felt “funny” and then suddenly became unconscious, which ultimately caused the accident. Continue Reading ›

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Since motorcycles don’t offer the type of protection that other vehicles do, motorcycle accidents tend to result in a disproportionately high number of fatalities. In Florida, motorcycle riding is particularly popular due to the state’s weather and landscape. However, the higher number of motorcyclists on the road also means increased chances for motorcycle accidents. Miami motorcycle accident lawyer, Robert Dixon, fights aggressively to represent motorcycle accident victims and their families throughout the state.

Basic Motorcycle Accident Statistics

The Florida Department of Highway Safety and Motor Vehicles reports that in 2010:

  • Motorcyclists and their passengers comprised 16 percent of the total number of traffic fatalities
  • 3 percent of all traffic accidents in the state involved motorcycles
  • The death rate was 11 percent higher among motorcyclists who were not wearing safety helmets
  • Motorcycle accidents declined significantly after 2008 when Florida passed a law requiring motorcyclists to enroll in and complete a State basic rider’s course

Just as any other motor vehicle accident, motorcycle accidents can be caused by a number of factors. One common cause is poor weather conditions such as rain, hail or sleet, which can lead to the motorcycle slipping out of control. In other cases, visual obstructions can lead to car drivers failing to see motorcyclists. Alternatively, visual obstructions can lead to motorcyclists losing control. Lastly, road conditions such as potholes, uneven streets, oil slicks and other hazards can present dangers to motorcyclists. Continue Reading ›

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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 ›

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If you or a loved one has been injured in a slip and fall accident, you may have a premises liability claim. It is best to seek counsel immediately to find out about your rights and options. A typical slip and fall case is one in which an individual falls and injures himself due to an unsafe condition on the premises. A slip and fall claim can be filed against the property owner if the owner had a duty to remedy the unsafe condition.

Throughout the years, Florida slip and fall law has changed. The burden of proof on the victim is now greater than it was previously.

Previous slip and fall law

In Owens v. Publix Supermarket, a 2001 Florida Supreme Court case, the court held an unsafe condition created the presumption that the property owner failed to keep the premises in a reasonably safe condition. Prior to the ruling in Owens, the plaintiff had to show that the property owner knew about the unsafe condition and had failed to remedy it. Therefore, Owens eased the standard of proof for the victim.

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Apportioning fault is one of the most challenging yet important factors in the aftermath of a car, truck or motorcycle accident as it determines how much you can recover from that accident. If you’ve been injured in an automobile accident, liability depends on who was at fault. Florida law requires that you establish the other party acted in a negligent manner. The negligence standard varies from state to state which is why it is imperative to retain an experienced personal injury attorney who can advocate zealously on your behalf.

Florida operates under a pure comparative negligence standard. This means that whatever amount you were negligent, your recovery will be limited by that amount. For example, if you are suing another driver and your actions are deemed to be 30% negligent, then your damages will be decreased by 30%. In other words, you will only be entitled to an award of 70% of your total monetary recovery. In this way, the doctrine of comparative negligence apportions negligence among the various parties involved in the accident.

Under state law, you can establish negligence if the following three conditions are met:

  1. The party that injured you had a duty not to injure you but did not meet that duty
  2.  The individual’s duty was related to your injury
  3. The individual’s failure to meet his or her duty is what caused your injury or damages

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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 ›

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