Articles Posted in Personal Injury

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  • Uber and Lyft have increasingly become a streamlined part of everyday life for a majority of people looking for an inexpensive and convenient way to get around. Uber has over 15.6 million users a month in the United States and is a prominent transportation option for most of us who live in the Miami-Dade, Hollywood, Fort Lauderdale and other surrounding areas.Uber and Lyft are helpful and convenient but what happens when your ride doesn’t go as smoothly as planned? Both ridesharing companies employee the general public to use their own vehicles in conjunction with the Uber or Lyft platform to transport passengers and make a little extra money. Uber and Lyft operate a service that puts every customer in the car of someone they do not know. So, when there is a car accident and an Uber or Lyft customer is in the car during the accident what can they do?
  • Many people are surprised to hear that Uber and Lyft both provide additional insurance to their drivers. The companies require their drivers to carry specific insurance based on the type and frequency of services they plan to provide and based on the car they own. Additionally Uber provides $1 million of liability coverage per incident, $1 million of uninsured/underinsured insurance, comprehensive and collision insurance, no-fault coverage is provided in some states and coverage for bodily injury up to $50,000/individual/accident with a total of $100,000/accident and up to $25,000 for property damage.

    It is very important to understand the urgency in reporting and filing your claim because there are limitations on how much time you have to take action before the opportunity expires. Contact the auto accident and personal injury attorneys at the Friedland | Carmona today to ensure you are properly cared for and potentially compensated for your accident.

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Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.1  IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

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Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Children have special rules in court. Some of these exceptions are:

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Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person 4 yrs. §95.11(3)(o)
Libel/Slander 2 yrs. §95.11(4)(g)
Fraud 4 yrs. §95.11(3)(j)
Injury to Personal Property 4 yrs. §95.11(3)(h)
Professional Malpractice 2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass 4 yrs. §95.11(3)(g)
Contracts Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments 20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland | Carmona are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland | Carmona handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

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Personal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland | Carmona provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

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Wal-Mart has over 290 locations just in Florida. Every year there are several cases brought against Florida Wal-Mart’s by customers who are injured while conducting business at the various locations. Wal-Mart has had to pay verdicts involving amounts in the several of thousands to several millions of dollars range due to their negligence in certain cases.

Wal-Mart, as does many businesses throughout the Florida and surrounding areas, invites the general public to come onto their properties lawfully for a multitude of reasons including browsing. Since Wal-Mart receives the benefit of their invitees on the property they have a legal duty to create and maintain a reasonably safe environment for all who enter the premises. Unfortunately, it is not uncommon for liquid substances to be left on the floor, shelves to protrude into walkways or fall because they are defective, for merchandise on the top shelf to topple onto someone passing by or for other accidents to occur regularly.

If you are injured at any business location and suffer personal injuries it is important to consult an attorney about the facts and details surrounding your accident. A Florida attorney can assist you in assessing whether the business breached its duty (or broke their obligation) to maintain the premises in a safe enough condition for you to lawfully enter onto and conduct business without being injured.

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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.

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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.

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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.”

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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.

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