A deposition is a meeting between the injured victim, his or her attorney, the insurance adjuster, and the insurance attorney based on a question-and-answer session. The deposition is made under oath and admissible in a legal proceeding, therefore a court reporter is also present during the deposition. This is the…
Miami Personal Injury Attorney Blog
Florida Workers’ Compensation Law, The Rights You Should Know
If you suffered an injury or illness while at work, you can’t sue your employer instead you are entitled to workers’ compensation in which your employer has to provide benefits for you. The benefits are medical benefits and wage benefits. According to the Florida statute section 440.185(1) “An employee who…
Tort Law in Florida
You might not be familiar with the word “Torts”; this is another word for personal injuries caused by civil wrongs, known as negligence, as slip and fall injuries, medical malpractice, dog bites, and more. Torts can be intentional or incidental. Intentional torts are physical injuries such as criminal assault, fraud,…
Florida’s workers compensation statute is self executing?
Florida statute section 440.015 states that “It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable…
Workers Compensation Attorneys applaud Florida Supreme Court Ruling
The Supreme Court of Florida has issued its decision in a case (Marvin Castellanos v. Next Door Company) that will make a huge impact on the rights of injured workers in this State. Specifically with regard to the workers compensation claimant’s due process rights under the constitution. The Court, in…
Supreme Court of Florida to make waves in workers compensation?
Workers compensation lawyers and legal practitioners are sitting on the edge of their seats awaiting the ruling of the Supreme Court in the high profile case of Castellanos v. Next Door Company. To the average Miami resident this case may seem unimportant. But it has significant impact on the rights…
Florida’s Texting and Driving Laws: Will They Prevent Accidents?
A 2009 motor vehicle accident statistics report by the Florida Department of Transportation showed that 5,474 people were killed in motor vehicle accidents due to texting while driving, and another 448,000 were injured. In response to these statistics like these, Florida state officials signed anew texting while driving ban into…
Are Trucks More Dangerous than Cars?
Automobiles today are the safest and easiest to drive they have ever been, with traffic fatalities in the U.S. dropping every year. This is great news, but trucks are still being found to be less safe than cars. Trucks (including SUVs) are bigger and heavier than cars. They also sit…
Pedestrian accidents caused by texting – food for thought
We live in a technological era. There is simply no turning back. And with the use and overuse of cell phones, tablets and other portable communication devices, comes also the reactionary restriction by lawmakers. In Florida a new bill will address a ban on text messaging while driving in an…
Seatbelt use in motor vehicles saves lives
The National Highway Safety Administration (NHTSA) has confirmed what we have all believed to be true; that is the fact that seatbelt use in all motor vehicles saves lives. By carefully analyzing motor vehicles accidents and fatality rates, the NHTSA has recently reported that the use of seat belts in…