Miami Personal Injury Attorney Blog

Miami family cries for help in finding hit and run driver

Published on: June 28, 2011 | By The Law Office of Ruth E. Johnson, P.A.

Miami television station WSVN-TV has reported an urgent plea by the family of a victim of a hit and run accident which occurred on Northwest 32 Avenue in Miami, FL. The accident occurred on Sunday night when the victim , who was riding his bicycle, was bit by a motor vehicle that failed to stop after the accident. The victim, 44 year old Francisco Caro, died at the scene.

Miami-Dade police report that the vehicle was a yellow or gold Oldsmobile with right side damage and request that anyone who has any information on this hit and run, call Miami-Dade Crime Stoppers at 305-471-TIPS. These tips are completely anonymous.

Should investigators find the person responsible for this accident, they may face criminal charges and be responsible for civil damages to the family of the deceased victim. A thorough investigation of the facts and circumstances giving rise to the accident may need to be conducted to solidify negligence.
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Pop star arrested after car accident in Miami

Published on: June 27, 2011 | By The Law Office of Ruth E. Johnson, P.A.

The Miami Herald reports Mexican pop singer Paulina Rubio was recently arrested in Miami for disorderly conduct and obstruction of justice.

While driving in the Little Havana area of Miami, Rubio was involved in an auto accident. She was not at fault for this incident.The police arrived at the scene and requested the pop star exit her vehicle. She then refused and began cursing the officer and issuing threats. She was then arrested, placed in handcuffs and charged with refusing to obey a lawful command, obstruction of justice and disorderly conduct.

What should you do when the police arrive at the scene after an auto accident?

If ever involved in a car accident it is wise to call the police. When the law enforcement officer arrives at the scene of the accident, it is also wise to cooperate fully. Provide as much detail as possible to the investigating officer so that an accurate reflection of the events can be detailed in the police report. Remember that these officers are there to assist.
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Port of Miami tunnel drill is here

Published on: June 24, 2011 | By The Law Office of Ruth E. Johnson, P.A.

When driving to Miami Beach, one cannot help but notice the massive construction effort that is happening on and around the McArthur Causeway. This is the site of the construction of the tunnel connecting Miami to the Port of Miami . The purpose of this tunnel is to direct the current tractor trailor traffic away from the access streets of downtown Miami after exiting the highways.This construction is one of the major transportation projects currently y active in the South Florida area.

Recently, a $45 million drilling machine arrived in Miami. This machine is 4 stories tall and over 100 yards in length and will be used to drill the two way tunnels. Miami residents should expect lane closures along the McArthur Highway for the next several weeks.
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Caps in medical malpractice laws in Florida upheld

Published on: June 1, 2011 | By The Law Office of Ruth E. Johnson, P.A.

The Miami Herald has recently reported that the U.S. appeals court in Atlanta has upheld the Florida law that limits the amount of damages that can be awarded in medical malpractice cases. The law specifically limits pain and suffering damages in such cases to $500,000.

What are pain and suffering damages?

Pain and suffering damages are often referred to as non-economic damages. These are often hard to accurately calculate in number terms as they reflect the compensation for mental anguish, inconvenience and loss of ability to enjoy life. It is clear, however, how these damages can be significant in a case involving medical malpractice.

What does this mean in medical malpractice claims?

Medical malpractice claims are often difficult to pursue in Florida and other states. The law is very complicated and has several caps on damages which are dependent on whether an emergency situation, public hospital , catastrophic injury and other criteria. These caps are placed by law makers in an effort to cut malpractice insurance premiums and rates for the medical and pharmaceutical industries. These caps, however, also create arbitrary limits on compensation to victims which may often feel unfair and unjust.
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Miami pop star recovers from weekend accident

Published on: May 31, 2011 | By The Law Office of Ruth E. Johnson, P.A.

Local 10 News in Miami, Florida has reported that over the Memorial day holiday weekend local pop star Sean Kingston and a passenger were riding on a jet ski when the watercraft crashed into the bridge that connects Miami’s Palm Island to the MacArthur Causeway. Both were rushed to the Jackson Memorial Hospital where Kingston remains, while the passenger has been discharged, The cause of the accident is still under investigation by authorities.

In 2009 the Florida Fish and Wildlife Conservation Committee released a Boating Accidents Statistical Report which ranked, Florida #1 for reported boating accidents in 2008. The total that year was 657 reported accidents. The good news is that this number represents a decline that has bee steady year after year since 2000.

n Miami and surrounding areas, watercraft use is extremely popular, especially around holiday weekends. Unfortunately boating and watercraft accident are far too common. Many due to boating under the influence and other negligent acts of watercraft operators. The damages that result from these accidents are often significant.
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Collisions Cause Serious Injuries when they Happen on a Motorcycle

Published on: May 9, 2011 | By The Law Office of Ruth E. Johnson, P.A.

I always hear stories about how great motorcycles are and how fun it is to ride in cities like Santa Monica, Venice Beach, Malibu and Redondo Beach, and of course, gorgeous Newport Beach, CA, with its cool fairy ride and Balboa Island to party and have fun at the “Fun Zone.” And when I go on vacation to California, I want to try a motor scooter to get around town. But I did some research and learned a few things I want to share with you, so you won’t need a vacation motorcycle accident attorney.

Collisions in California cause serious injuries when they happen on a motorcycle, and they are avoidable in many cases if the driver in the motor vehicle was paying more attention to the road. There are motorcycle accidents that occur every day across the nation and they involve drivers that swear they did not see the biker prior to the collision.

These types of motorcycle crashes in large part occur at intersections and this even at a slow speed can seriously injure the motorcycle rider. The injuries can involve traumatic head injuries, since all the rider has in a collision for protection is their helmet when they are thrown to the road. This is not the only injury; the person on a motorcycle can also suffer neck and spinal cord injuries, amputations, cuts, gashes and scrapes. The scrapes alone can cause lifelong scars, and are known by motorcycle riders as road rash, which when severe can require skin grafts to repair the damage.

Florida lawmakers change Medical Malpractice laws

Published on: May 6, 2011 | By The Law Office of Ruth E. Johnson, P.A.

The Miami Herald reported this week that the Florida Senate approved a modified version of a bill from the House which changes medical malpractice claims and law suits in Florida.

The new law requires that any doctor testifying or submitting an affidavit in a malpractice law suit shall apply for an expert witness certificate.There is an application fee of $50 and allows Florida to discipline out of state doctors.

The law makes it harder for those filing certain malpractice claims by increasing their burden of proof. It indicates that a plaintiff in a medical negligence action for failure to order, perform or administer a supplemental diagnostic test must prove the breach of the standard of care by clear and convincing evidence. This is harder than the burden of proof of preponderance of the evidence.

The law also indicates that a hospital is not responsible for the negligence of a contracted medical provider unless the hospital clearly directs or exercises actual control over the event which caused the injury. The bill goes on to make several other changes and can be viewed at http://www.myfloridahouse.gov/ Continue reading

Miami firefighters attacked by accident victim

Published on: April 21, 2011 | By The Law Office of Ruth E. Johnson, P.A.

Just this week ,City of Miami firefighters were assisting a victim of a fiery car accident when this victim threatened them with a knife. The car accident victim is a female who was involved in an auto accident on a local highway. A City of Miami firefighter noticed the woman walking in the emergency lane of the highway.

When he went to assist her, she pulled out a knife and uttered several words and slangs that were unrecognizable to the firefighters, who called the police. When the police arrived, it took four officers to restrain the woman who was then transported for psychiatric evaluation at a nearby hospital.

In Miami, the first responders to an auto accident are often firefighters from the appropriate department depending on the location of the accident. It is important to remain calm and allow these trained professionals to examine you for injuries you may have sustained as result of the incident. If necessary, you will be transported to the nearest emergency room for care. You may also consider seeking medical attention of any injuries on your own after an accident if not directly transported to the hospital.
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Distracted Driving and car accidents…how big is the threat?

Published on: April 11, 2011 | By The Law Office of Ruth E. Johnson, P.A.

While driving on the streets of Miami, one can’t help but notice an occasional swerving vehicle, only to see the operator holding his or her cell phone at eye level in an attempt to multi task texting and driving. This has led to texting getting the most attention from State legislatures across the country, including a ban on texting and driving in 30 States.

The United States Transportation Secretary , however, reported that the number of fatalities reported due to car accidents dropped in 2010 to it’s lowest level in over 50 years. According to the National Highway Traffic Safety Administration, the number of traffic related deaths actually fell three percent between 2009 and 2010, from 33,808 to 32,788. Since 2005, deaths due to auto accidents have dropped 25 percent, from a total of 43,510 fatalities in 2005. These decreases have occurred even thought the number of vehicles on the road and miles traveled has increased over these years.

Traffic fatalaties and your legal rights

If you have lost a family member or someone you love due to the negligence of another on the road or a defective automotive product, you may have a valid personal injury claim. These claims are time barred and contacting a Miami personal injury lawyer to investigate as soon as possible may assist in protecting your rights Continue reading

Dog Bites Homestead, Fl seven-year old hero

Published on: April 11, 2011 | By The Law Office of Ruth E. Johnson, P.A.

In Homestead, Florida, an area just south of Miami, a 7 year old boy was hailed as hero when he shielded both his younger brother and friend while being attacked by a German Sheppard.

The boys were playing outside when the guard dog from a business in the area escaped and attacked the boys. The seven year old pushed the two younger children under a vehicle and blocked them from the dog while suffering bite wounds to his head, arms, and shoulder as the German Sheppard attacked.

The boys’ father heard the screams and was able to stop the attack. Had he not been so responsive, the injuries to the heroic boy and his playmates could have been even more severe.

Florida dog bite laws state that when a dog bite or animal attack occurs anywhere in the State of Florida, the animal owner is responsible for the injuries and damages under a theory known as strict liability. This theory means that the injured party does not need to prove negligence to obtain an award.
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