South Florida Personal Injury Lawyers Blog

Tragic Tractor-Trailer Crash in Hialeah Gardens Claims One Life

Published on: August 5, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Tractor-trailer accidents can result in devastating consequences, particularly for those involved in smaller vehicles like passenger cars or pickup trucks. The sheer size and weight of tractor-trailers make these accidents especially dangerous, often leading to severe injuries or fatalities. If you or a loved one has been involved in a Florida tractor-trailer crash, it’s essential to understand the potential legal avenues available to seek justice and compensation.

Fatal Tractor-Trailer Accident in Hialeah Gardens

In late July, a tragic accident in Hialeah Gardens resulted in the death of one man after his pickup truck collided with a tractor-trailer. The incident occurred in the early morning hours on US 27, just south of NW 138th Street, around 2:45 a.m., according to Florida Highway Patrol (FHP) reports.

The blue Chevy pickup truck driver was traveling north on US 27 when he crashed into a stopped tractor-trailer. The impact of the collision was so severe that the driver of the pickup truck died at the scene. Authorities have not yet released the identity of the victim. Following the crash, two lanes of US 27 were closed for approximately four hours as emergency crews worked to clear the scene and investigate the circumstances surrounding the accident.

How Hospitals and Administrators May be Responsible for Extra Damages in Cases of Egregious Medical Malpractice

Published on: July 30, 2024 | by Friedman Rodman Frank & Estrada, P.A.

In Florida, the legal framework surrounding medical malpractice is designed not only to make victims of medical negligence whole but also to allow for various types of damages based on the severity of the misconduct involved. While the primary goal is to compensate victims for their losses and restore them to their pre-malpractice condition as closely as possible, Florida law also provides avenues for additional damages. This includes non-economic damages for pain and suffering, as well as punitive damages intended to punish egregious behavior and deter future misconduct. A recent appellate court decision illustrates how these statutes are applied, especially in cases involving severe professional misconduct.

The case in question began with a surgical procedure gone terribly wrong. A patient underwent an appendectomy, a routine operation to remove an inflamed appendix, only to suffer a severe and damaging error: the surgeon mistakenly removed the patient’s healthy ureter instead. This mistake necessitated three additional surgeries to correct the error, including the removal of the inflamed appendix, the placement of a nephrostomy tube to ensure proper kidney function, and reconstructive surgery to reconnect the damaged ureter. The severity of these procedures and their impact on the patient’s health and life were considerable.

The surgeon responsible for this botched surgery had a troubling history that should have raised red flags for the hospital administration. This surgeon had been involved in numerous malpractice lawsuits and had faced disciplinary actions from medical boards in both Florida and California due to his unsafe practices and severe alcohol abuse. Despite this history, the hospital continued to renew the surgeon’s credentials, allowing him to perform surgeries unsupervised. The patient’s legal team argued that the hospital’s actions—or lack thereof—were so grossly negligent that punitive damages were justified. They contended that the hospital’s failure to act on the surgeon’s known incompetence demonstrated a conscious disregard for patient safety.

What Injured Workers Need to Know to Pursue a Workers’ Compensation Claim in Florida

Published on: July 21, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Workers’ compensation insurance is a crucial safety net for employees in Florida who are injured on the job. It provides essential benefits, including coverage for medical expenses and compensation for lost wages, to help injured workers recover and get back on their feet. However, while this system is designed to support workers, it also represents a significant cost to employers, who often look for ways to minimize their payouts. Recently, a Florida court decision highlighted the ongoing struggle workers face in securing these benefits, as it denied continued benefits to an employee following an accident.

In Florida, workers’ compensation insurance is intended to provide comprehensive support to employees injured in the course of their employment. This includes coverage for immediate medical treatment, ongoing care, and financial compensation for lost wages. The goal is to ensure that injured workers do not bear the financial burden of their recovery. However, obtaining these benefits can be challenging. Employers and their insurance companies often scrutinize claims to avoid paying out benefits whenever possible. This was shown in a recent court ruling that reversed a decision granting continued benefits to an injured worker, illustrating the obstacles employees may face in accessing the support they need.

The case involved an employee who sustained injuries to her right hand and wrist when a door slammed shut at her workplace. Initially, the employer and their insurance carrier accepted the injury as compensable and provided benefits for several months, including pain management and physical therapy. The worker, experiencing persistent pain more than a year after the accident, sought further medical treatment. The Judge of Compensation Claims (JCC) initially ruled in favor of the worker, approving the continuation of her medical treatment. However, the employer appealed this decision, arguing that the injury no longer required additional care.

How Workers Compensation Insurance Addresses Seasonal Employment in the Event of a Workplace Injury

Published on: July 16, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Seasonal employment is a major component of Florida’s economy, drawing thousands of workers each year to a variety of industries. From the bustling tourism sector, where theme parks and resorts require additional staff during peak travel times, to the construction industry, which often ramps up projects to take advantage of favorable weather, seasonal jobs are plentiful. Additionally, Florida’s professional and semi-professional sports teams, including baseball and football, rely heavily on seasonal workers to support their operations. These jobs, while offering valuable opportunities and income, come with risks. Many seasonal roles, especially those in physically demanding fields like construction and sports, can be hazardous, exposing workers to potential injuries.

In Florida, employers are mandated to carry workers’ compensation insurance to protect employees who get injured on the job, and this includes seasonal workers. Workers’ compensation provides essential benefits, such as medical care and wage replacement, to help injured employees recover and support themselves during their time off work. However, the amount of compensation a worker is entitled to can vary significantly. This calculation is often based on “full-time weekly wages,” but this baseline can be adjusted, and the interpretation of this amount can be contentious. Recently, a Florida district court addressed such an issue when an employer challenged the amount awarded to a seasonal professional baseball pitcher who was injured and unable to complete his employment contract.

The pitcher in question was under a contract with a minor league baseball team and earned a salary during the five-month championship season. However, his contract also required him to be available year-round for other activities, such as exhibition games and training. Unfortunately, during one of the championship games, the pitcher sustained a serious shoulder injury, which led him to file a workers’ compensation claim. Initially, the Judge of Compensation Claims (JCC) calculated his average weekly wage (AWW) based on a full-year salary, attributing his monthly earnings over 12 months, even though his contractual salary only covered the five months of the championship season.

Florida Appeals Court Refuses to Hold Corporation Responsible for Actions of a Negligent Subcontractor

Published on: July 8, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Florida business owners have a responsibility to maintain their premises in a reasonably safe manner for all who enter. This includes not only ensuring that the physical environment is safe but also addressing security concerns adequately. When businesses hire external security services, they may still be held responsible for the actions of those security companies, especially if the premises are not kept secure. Recently, the Florida Court of Appeal addressed a case involving a national fast food chain where a security guard, hired as an independent contractor, shot and killed a plaintiff’s family member without adequate justification.

According to the facts discussed in the recently released appellate opinion, a disturbance at the restaurant led to the involvement of a security guard who a company contracted by the restaurant hired. The guard, unable to manage the situation, ultimately discharged a firearm, resulting in the death of the plaintiff’s family member. The plaintiff filed a negligence claim, arguing that the larger corporation was liable for the actions of the franchisee and the security contractor. After losing initially at the summary judgment stage, the plaintiff appealed the ruling, seeking to hold the larger corporation accountable.

The appellate court reviewed the case and affirmed the lower court’s ruling. The Court relied on Florida law on vicarious liability and independent contractors in making this decision. Generally, in Florida, a business owner or employer is not held liable for the acts of an independent contractor. This principle includes cases where the contractor fails to uphold the safety standards expected of the business. The appellate court found that the corporation did not breach a non-delegable duty to maintain reasonably safe premises simply because the independent contractor’s guard negligently discharged a firearm. This incident was considered beyond the scope of the corporation’s duty to provide a safe environment for its business invitees.

Florida Appellate Court Affirms Verdict in Auto Accident Case

Published on: June 29, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida appellate court decision has highlighted the difficulties of many Florida auto accident cases. The court upheld a verdict against the plaintiff, who had argued that the trial court mishandled objections to the defense’s questioning. The appellate court found that these objections did not impact the verdict. Testimonies about inconsistencies between the plaintiff’s trial and deposition statements and expert reports concluded that the plaintiff could have avoided the accident. The court also noted that the plaintiff’s attorney failed to object to witnesses’ testimonies regarding deposition transcripts.

Car accident cases can be extremely complex and challenging. They often require detailed and consistent testimonies and thorough expert analysis. In this case, the plaintiff’s loss underscores the importance of having an experienced personal injury attorney to navigate these difficulties. Expert testimony and identifying and correcting procedural errors are vital in these cases.

The Role of Expert Testimony in Auto Accident Cases

Expert testimony is critical in auto accident cases. Experts provide essential insights into how an accident occurred and whether it could have been prevented. In the recent Florida appellate case, experts analyzed the plaintiff’s speed and concluded that she could have avoided the accident. This testimony was pivotal in the court’s decision to uphold the verdict.

Experts such as accident reconstructionists and medical professionals offer valuable perspectives that lay witnesses cannot provide. Their analysis covers various factors, including vehicle speed, road conditions, driver reaction times, and injury severity. This detailed evidence can determine a case’s outcome.

Florida Court Dismisses Lawsuit Against City of Miami Citing Sovereign Immunity Pre-Suit Notice Requirement

Published on: June 22, 2024 | by Friedman Rodman Frank & Estrada, P.A.

In a recent decision, the Third District Court of Appeal reversed a lower court’s order that denied the City of Miami’s motion to dismiss a lawsuit based on sovereign immunity. The court explained that the plaintiff did not comply with Florida’s sovereign immunity pre-suit notice requirement, leading the court to side with the City. This ruling highlights the importance of following proper procedures when suing a government entity. If you’re in Miami and considering such a lawsuit, hiring a personal injury attorney can be invaluable.

Cases involving negligent government entities are more common than people think. Whether it’s a car accident involving a city vehicle or a slip and fall on government property, these situations frequently arise. Successfully pursuing these claims requires an experienced Miami personal injury lawyer who understands Florida’s sovereign immunity laws. A knowledgeable attorney can help you navigate these complex cases, ensuring all procedural steps are correctly followed and increasing your chances of a favorable outcome.

Florida’s Sovereign Immunity Statute

Florida’s sovereign immunity statute, specifically Section 768.28(6), sets forth the requirements for suing a government entity. This statute is crucial because it dictates how and when a lawsuit can be brought against a governmental body. One of the primary requirements is that the plaintiff must provide pre-suit notice to the agency being sued. This notice must be given in writing, and the nature of the claim and the amount of compensation demanded must be detailed.

Florida Appeals Court Addresses Going-and-Coming Rule in Car Accident Involving an Injured Minor Child

Published on: June 15, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida accident case before the Third District Court of Appeal involved a minor child injured in a car accident. The parents of the child appealed the trial court’s decision to grant summary judgment in favor of the defendant, Royal Plus, Inc. The court evaluated the three-prong test of respondeat superior and concluded that the driver involved in the accident was not acting within the scope of his employment. As a result, Royal Plus was not held vicariously liable for the driver’s alleged negligence. The appellate court affirmed the trial court’s decision, reinforcing the application of the going-and-coming rule in Florida. This case highlights how challenging Florida car accident cases can be, making it crucial to have a skilled Miami car accident attorney on your side.

Going-and-Coming Rule in Florida Negligence Lawsuits

The going-and-coming rule is a legal doctrine used in Florida to determine whether an employer can be held liable for the actions of their employees while they are commuting to or from work. This rule generally states that an employer is not liable for the actions of their employees during these commutes. This principle was a key factor in the recent decision by the Third District Court of Appeal.

In the case at hand, the court examined whether the driver was acting within the scope of his employment at the time of the accident. To hold an employer liable under the doctrine of respondeat superior, three conditions must be met:

The employee’s conduct must be of the kind they are employed to perform;
The conduct must occur substantially within the time and space limits authorized by the employer; and
The conduct must be motivated, at least in part, by a purpose to serve the employer.

In this case, the driver was found not to be acting within the scope of his employment during his commute, leading the court to uphold the summary judgment in favor of Royal Plus. This decision underscores the importance of understanding the going-and-coming rule and its implications in negligence lawsuits.

Florida Appellate Court Upholds Decision in Sovereign Immunity Case Involving Former Miami City Attorney

Published on: June 7, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent decision by a Florida appellate court underscores the challenges of sovereign immunity cases. The former City Attorney for the City of Miami appealed a lower court’s denial of her motion to dismiss, claiming sovereign immunity. The appellate court upheld the lower court’s decision, allowing the case to proceed because the plaintiff’s complaint included enough details to survive the motion to dismiss.

The court found that the complaint sufficiently alleged that the defendant acted in bad faith, with malicious purpose, or exhibiting wanton and willful disregard for the plaintiff’s property. This key element helped the plaintiff overcome the motion to dismiss, showing that claims of bad faith or malicious intent can be crucial.

Sovereign immunity cases are notoriously tough. They often involve convoluted legal rules that protect government officials and entities from lawsuits. In this case, the plaintiff successfully provided enough factual allegations to move forward. This decision highlights the importance of detailed and thorough legal work when challenging sovereign immunity claims.

Understanding sovereign immunity is crucial for those facing legal battles with government entities. This case shows that while these cases are complex, they can be won. The appellate court’s ruling demonstrates that with the right legal strategy and careful preparation, plaintiffs can overcome the hurdles of sovereign immunity.

Hit-And-Run Crash Leaves Pedestrian Dead in Little Havana, Miami

Published on: May 31, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Florida experiences a high level of hit-and-run accidents on a yearly basis. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida has seen the number of hit-and-run crashes remain steady, with nearly 25 percent of all crashes involving a hit-and-run. The FLHSMV notes that in 2023, there were 104,273 hit-and-run crashes in Florida, a decrease of less than 1% from 2022. Hit-and-run crashes in 2023 resulted in 271 fatalities and 871 serious bodily injuries. Vulnerable road users are particularly at risk. Of the 271 hit-and-run fatalities in 2023, 159 were pedestrians and 47 were bicyclists (76% of hit-and-run fatalities). Of Florida’s 104,273 hit-and-run crashes last year, 86,987 involved property damage only. In 2023 alone over 81% of hit-and-run fatalities occurred during dawn, dusk, or nighttime conditions. Under Florida law, a driver MUST stop immediately at the scene of a crash on public or private property which results in property damage, injury, or death.

There are many reasons why a driver may flee the scene after an accident. The primary motivating factor is likely that the driver wants to avoid the legal or financial consequences of the accident. Depending on the cause of the crash, drugs, alcohol, outstanding warrants, texting, or distracted driving, there could be serious legal ramifications, leading to the driver leaving the scene. Other reasons, such as lacking proper insurance, holding a commercial driver’s license, or driving the vehicle without permission, could result in significant financial consequences for the driver, leading them to flee the scene. A recent news article described a fatal Florida hit-and-run crash.

According to the news article, police are still searching for a driver who they say ran away from a dangerous crash that left his girlfriend dead and six other people injured near Miami Shores. The man who ran away was driving down Northwest 17th Avenue with his girlfriend. He collided with a black Dodge Ram and a Mercedes-Benz that was going east on Northwest 95th Street. After the crash, the driver ran away — not stopping to help the injured or report the crash, police said. His girlfriend died from the collision, and six others were taken to hospitals in various conditions, from minor to critical.