Miami Injury Lawyer Blog

Published on: July 11, 2016

Snapping and Driving in Miami Dade

Snap chat is the new social sharing phenomenon that people cannot seem to get enough of. With daily filters, geotags, interactive platforms and story sharing, Snap chats over 100 million daily users have little time to do anything else with their day then snap it, including drive.

Snap chat is most popular between people ages 14-21 but is widely used across many age groups, including new and experienced drivers while they are on the road. Cell phones are the cause of one of every four car accidents according to USA TODAY and in Miami, that percentage is on the rise. Miami is already one of the most dangerous cities to drive in. The city leads to over 5% of Florida’s total reported auto accidents which equate to over 200,000 accidents annually.

Car accidents cost the United States over $871 billion a year on average. With costs that high, it is not hard to understand why states and the federal government are working to make the roads safer. However, more and more distractions are introduced to the smartphone daily. Drivers are distracted by these distractions leading to increased car accidents.

Published on: June 29, 2016

“When the Neighborhood Dog is Not So Friendly”

by Friedland | Carmona

The Center for Disease Control recently disclosed that more than 4.7 million dog bites occur annually in the United States. While this information may be frightening, even more concerning is the actuality that the average cost of treatment for these attacks in 2015 rose to $37,214.00 per attack and unfortunately some of these attacks, primarily to younger children, end with a fatality. Fortunately for injured parties, Florida is a statutory strict liability state, meaning, as long as the injured was lawfully on the premises where the bite or attack occurred and the injured did not provoke the dog, the owner of the animal is liable for all costs or damages associated with the treatment and damage resulting from the injury.

Some victims do not file suit against the dog owner because they fear they may be partially or “comparatively” at fault. Florida has special rules for Ft. Lauderdale dog bite victims regarding when someone can be held “comparatively negligent” or partially at fault. For example, if the victim is a child under six years old, it has been decided in Florida courts that the child is incapable of being partially at fault. Swindell v. Hellkamp, 242 So.2d 708 (Fla. 1970). The Florida courts have also held that anyone who is injured by a dog bite would need to have acted so unreasonably that it was blatant that the injured was attempting to provoke the animal to attack and mistake by the injured is not enough. In view of F.S. §§ 767.01 and 767.04, F.S.A, See Also Smith v. Allison, So.2d (Fla. Court of Appeal, 1976).

There are many statutes and a lot of case law that must be evaluated when navigating a dog bite incident and everyone will be highly fact intensive. Having a lawyer familiar with this area of law and experienced in handling Miami dog bite cases can make all the difference in the outcome of your personal injury claim.

Published on: May 12, 2016

Giving Back to the Community: The Friedland | Carmona Serves Dinner to the Homeless

by Friedland | Carmona

On Monday, February 29, Jon Friedland, managing partner, Michael Carmona, associate attorney, and the rest of the Friedland | Carmona staff worked with the Community Partnership for the Homeless, serving food to those in need. Mr. Friedland’s wife and two young sons joined the firm in helping the homeless. Serving the homeless enabled Mr. Friedland, his family, and the Friedland | Carmona staff to give back to the Miami-Dade community.

Mr. Friedland is a former president of the Miami Dade Justice Association and continues to participate in as many of their community service activities as he can. Understanding that times are difficult for many families in the Miami-Dade community right now, the attorneys are glad they were able to give back the community this way. The Community Partnership for the Homeless is located on 1550 N. Miami Avenue in Miami.

The attorneys at the Friedland | Carmona have always been dedicated to helping their community. Mr. Friedland is an active participant in the Big Brother Big Sister program in Miami-Dade County. Additionally, Mr. Friedland is an active supporter in the fight against Multiple Sclerosis. Mr. Carmona is an active supporter of the Cuban community in South Florida. He is a member of the Cuban American Bar Association and the Florida Justice Association. Mr. Carmona is also dedicated to helping children in the Miami-Dade community– he is an active member of the Kiwanis Club of Little Havana, helping underprivileged kids in the Miami-Dade area.

Published on: March 22, 2016

When your “Relaxation and Pampering” Day goes WRONG: Personal Injuries in Beauty Salons and Spas

by Friedland | Carmona

When people consider going to a spa or a beauty salon, they imagine themselves relaxing, distressing; an enjoyable experience. They go to beauty salons to boost their self-confidence and to feel better about themselves. However, for some people, going the spa experience can become their worst nightmare. As technology evolves, and the search for the fountain of permanent youth continues, cosmetic treatments are using powerful chemicals that may cause serious and permanent injuries when they are handled negligently.

Some of the injuries that occur at these stores include: Infections, burned scalp from hair dyes or other chemicals, disfigurement, baldness from hair braiding or extensions, neck injuries, and, less commonly, “beauty parlor strokes.”

Published on: March 11, 2016

Hoverboards: A Sure Trip to the Emergency Room

by Friedland | Carmona

Since at least Black Friday and during the past holidays, hoverboards were the go-to gift. Thousands of these motorized self-balancing scooters were sold. However, they’ve proved to be a serious and very dangerous safety hazard, catching on fire while charging, exploding, and, consequently, causing fires in people’s homes. Additionally, the device can malfunction and cause a rider to fall and sustain serious, life-changing injuries. According to U.S. Consumer Product Safety Commission’s Chairman, Elliot F. Kaye, some of these injuries have been serious, including concussions, fractures, contusions/abrasions, and internal organ injuries.

Additionally, top speeds are reached by the rider leaning forward, therefore increasing the risk of facial and head injuries. The agency also recommended riders have a spotter since the hoverboard begins to move quickly the second pressure is applied.

In Louisiana, Jessica Horne lost her family’s home after her 12-year old son’s Fit Turbo hoverboard exploded. A gyroboard caused significant damage to a home in New York. At a mall in Washington, a scooterboard caught fire and shoppers were forced to evacuate. The apparent danger is significant enough that major airlines have banned the two-wheelers altogether. But what is actually causing all these fires? In the New York and Louisiana incidents, the board was plugged in and recharging. In the mall incident, the board wasn’t plugged in at all; there have also been reports of scooters bursting into flames while people were riding them.

Published on: February 19, 2016

Wrongful Death Claims 101: Answers to your questions

by Friedland | Carmona

In Florida, an average of 42.7 per every 100,000 people are victims of an accidental fatality, a number that is constantly on the rise. Florida specifically created a Wrongful Death Act to protect the loved ones of those that who are killed due to another person’s negligence.

When is a Wrongful Death Claim applicable?

Florida Statutes §768.18 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.

Am I eligible to sue for damages in a wrongful death claim?

Florida Statute §768.20 law requires the personal representative of the deceased person’s estate to file the wrongful death claim. The personal representative may be named in the deceased person’s will or estate plan. If there is no will or estate plan, the personal representative will be appointed by the court.

I’m not the personal representative of my deceased loved one’s estate, am I still entitled to recover for damages?

Published on: February 5, 2016

Have you been a victim of a crime caused by Negligent Security? If so, here are our recommendations

by Friedland | Carmona

According to the statistics of the Florida Department of Law Enforcement, from 2013 to 2014, the crime rate in the State of Florida has decreased 3.6%. This is the most recent official statistic. However, crime still exists and anyone can be a victim of it. In Florida, cases where one is bringing a lawsuit against a business after they’ve been assaulted by a third party are often referred to as “negligent security” cases. This is a type of premises liability dealing with civil redress for crimes and violent acts. Here, the victims hold the owner or tenant of the property where a criminal injury is inflicted liable because of inadequate security measures or negligent selection/retention of security personnel.

For example, you are a guest in a hotel. You parked your car in the hotel garage or parking lot. In the middle of the night, you realize you forgot something in your car, and while you are getting such item, someone assaults you, stealing your car and leaving you unconscious near death. Your family wants to find out who did this to you, but when they go to the hotel “security manager”, they face the awful truth that the hotel did not have security cameras installed in the parking lot.

If this was yours or a loved one’s case, here are our recommendations of the steps you should take following this awful incident.

Published on: January 28, 2016

Car accidents are increasing annually: Here is what to do if you are involved in a car crash.

by Friedland | Carmona

In the state of Florida, there are over 16 million drivers and everyday more than 600 car crashes occur. According to the National Safety Council, an improving economy and lower gas prices are leading to more motorists on the nation’s highways and more fatal car accidents. As a result, the probability of getting into a car accident on your way to your job is increasing by the hour and if this were to happen to you, it is important that you have clear understanding of the steps you should take at the scene of the accident and immediately after in order to insure a speedy physical, emotional and financial recovery.

The following are our recommendations of the steps you most definitely take it you were ever to be involved in a car accident.

Published on: October 5, 2015

Jonathan Friedland and his Team Accomplish another Big Win for a Client against a Medical Transportation Company

by Friedland | Carmona

The efforts and diligence of the Friedland | Carmona have once again lead to a substantial settlement for their client. This time the accomplishment was against a medical transportation company and its insurance company. After extensive negotiation and right before the Plaintiff was ready to file a lawsuit, Jonathan Friedland and his team forced the insurance company tender the liability policy limits. This major settlement will allow the victim and her family to live comfortably for the remainder of her life.

In this case, an elderly woman fell from her wheelchair due to the negligence of a driver operating the van. The wheelchair lift was supposed to allow the client to exit the vehicle in her wheelchair. However, the lift was in a down position when the driver attempted to wheel the client out of the van. As a result of the accident, the victim sustained back injuries, a hemorrhagic concussion and subdural hematomas. Moreover, the victim continues to suffer neurological symptoms including headaches, blurred visions and altered mental status.

Published on: September 29, 2015

Have you suffered a slip or trip and fall in a public or private Establishment? Here’s what you need to do

by Friedland | Carmona

According to the Centers for Disease Control and Prevention, over 8.9 million people suffered non-fatal injuries in the United States in 2012 from slip and fall accidents. Slip and falls were also the leading cause of non-fatal injuries that year. Additionally, over 17, 000 people die in the U.S. annually because of these injuries. Slip, trip and fall injuries make up 15 percent of all job related injuries, which account for between 12 and 15 percent of all Workers’ Compensation expenses.

Let’s say you’re grocery shopping in one of the aisles of your favorite supermarket and suddenly you slip on a liquid substance and fall and suffer grave knee injuries. Here are our recommendations of the steps you should take following the fall.