South Florida Personal Injury Lawyers Blog

Families Seeking Compensation After Fatal Construction Accidents in Florida

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

A tragic construction accident recently claimed the life of a worker in Miami Beach, underscoring the dangers faced by those in the construction industry. The incident, which occurred on a job site near Ocean Terrace, is being investigated as a potential traffic homicide, which may involve heavy machinery or road-related hazards. While the exact details of this accident remain under investigation, it raises important questions about the legal protections available to construction workers and their families when a fatal accident occurs on the job.

In Florida, construction workers are exposed to numerous daily risks, from falls and equipment malfunctions to vehicle collisions on or near construction sites. When these risks lead to injury or death, legal options are available to the worker or their surviving family members, including workers’ compensation benefits and, in some cases, wrongful death lawsuits. Understanding the distinctions between these legal options is essential for ensuring the family receives the full compensation they deserve.

The Role of Workers’ Compensation in Construction Accidents

Workers’ compensation is a no-fault system designed to provide financial assistance to employees who are injured or killed while on the job. In the event of a construction worker’s death, the worker’s surviving family members may be entitled to death benefits under Florida’s workers’ compensation laws. These benefits generally include coverage for funeral expenses and a percentage of the worker’s lost wages up to a certain limit. However, workers’ compensation is limited in scope—it does not provide compensation for non-economic damages such as pain and suffering or loss of companionship.

Understanding Uninsured Motorist Coverage and Insurance Obligations in Florida

Published on: October 27, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent decision by Florida’s appellate court sheds light on important issues surrounding uninsured motorist (UM) coverage and the responsibilities of insurance companies when policies are updated or expanded. The case involved whether a newly insured party added to an existing policy was entitled to UM coverage despite the original policyholder’s prior rejection. While the trial court initially ruled in favor of the new insured, the appellate court reversed this decision, clarifying how UM coverage is handled under Florida law.

In Florida, auto insurance policies must include UM coverage unless the named insured explicitly rejects it in writing. This coverage protects individuals involved in accidents with uninsured or underinsured drivers. Understanding when and how UM coverage applies, particularly when new individuals are added to a policy, is critical for drivers seeking compensation after a collision.

Uninsured Motorist Coverage and Policy Changes in Florida

In this Florida case, the dispute arose after a new spouse was added as a named insured to an existing auto insurance policy. The insurance company had not provided the newly added insured a new UM Selection/Rejection Form, leading to a lawsuit. The trial court ruled that the new insured should have been offered the opportunity to accept or reject UM coverage. However, the appellate court disagreed, stating that the original named insured’s rejection of UM coverage applied to all subsequent policy changes, including adding a new insured.

Court Reverses Florida Premises Liability Verdict in Case Involving Hazardous Ramp

Published on: October 14, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent decision by the District Court of Appeal of the State of Florida’s Fourth District has brought attention to critical aspects of premises liability law. The case involved a victim who suffered a fall on a ramp at an office complex, claiming the ramp’s uneven slope caused her injuries. The victim sued the property owner for premises liability, arguing that the ramp was unsafe and did not meet Florida’s building standards. However, the court ultimately reversed the initial verdict, highlighting the importance of proving the property owner’s knowledge of the dangerous condition under Florida law.

This case emphasizes the legal requirements for establishing fault in premises liability claims and reminds injured parties that they must provide compelling evidence that the property owner was aware or should have been aware of the hazard.

Premises Liability and the Duty of Property Owners

Premises liability law in Florida requires property owners to maintain reasonably safe conditions for those who lawfully enter their property. If a dangerous condition exists, the owner has a duty to either correct it or provide adequate warning. However, to succeed in a premises liability lawsuit, a victim must prove that the property owner had actual or constructive knowledge of the hazardous condition and failed to take appropriate action.

In this case, the victim fell on a ramp that, according to her expert witness, did not meet the slope standards required by the Americans with Disabilities Act (ADA) and the Florida Building Code. The architect testified that the ramp’s uneven and steep slope exceeded acceptable limits, which could pose a danger to anyone using it. The victim who had walked on the ramp numerous times before the fall, testified that she injured her leg due to the slope.

Despite these claims, the property owner argued that the ramp had been installed over two decades earlier and had passed multiple inspections without issue. No one had previously reported any problems with the ramp, and the owner had no knowledge of its potential danger. The court found that the victim failed to provide evidence that the owner had actual or constructive knowledge of the ramp’s hazardous condition, ultimately reversing the trial court’s decision in favor of the property owner.

Florida Court Reverses Personal Injury Verdict After Tenant’s Fall on Unsafe Flooring

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

A recent decision by the District Court of Appeal of the State of Florida has underscored the legal responsibilities landlords and property management companies have when it comes to maintaining rental units. The case involved a tenant who sustained injuries after falling on loose floor tiles in his apartment, leading to a lawsuit against both the condominium association and the property management company. The court’s reversal of the initial summary judgment highlights the importance of understanding Florida’s negligence laws and the ongoing duty property owners have to ensure their premises remain safe for tenants.

Negligence and Landlord’s Continuing Duty to Repair Dangerous Conditions

In Florida, landlords have a dual responsibility: a pre-possession duty to inspect and repair the property before a tenant moves in and a post-possession duty to address dangerous conditions reported by the tenant. Florida Statutes and case law clearly outline these responsibilities, especially when tenants report potentially hazardous conditions that could lead to injury.

In this case, the tenant had been residing in his apartment for over a year when he experienced a fall due to loose floor tiles near the entrance of his unit. The tenant’s wife had previously reported the loose tiles to both the property management company and the condominium association, giving them ample notice of the problem. The tenant, however, was forced to continue walking through the hazardous area because it was the only entrance to the unit.

The property owner and management company argued they were not liable because the tenant knew about the loose tiles, and the hazard was “open and obvious.” The trial court initially agreed, granting summary judgment in favor of the property owner and management company. However, on appeal, the court reversed this decision, explaining that the landlord’s duty to repair hazardous conditions does not disappear simply because the tenant is aware of the problem.

7-Year-Old Fatally Injured in Miami Car Accident Sparking Concerns About Road Safety

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

A tragic car accident outside a Miami pharmacy has left a 7-year-old girl in critical condition after she was struck by a vehicle driven by an elderly woman. The child was walking with her mother when the accident occurred, and she was taken to Jackson Memorial Hospital with severe head injuries where she fought for her life. However, sadly, the young girl recently passed away from her injuries. Friedman Rodman Frank & Estrada represent the girl’s family and are looking into all potentially liable defendants. Aside from the most obvious defendant, being the driver, Friedman Rodman Frank & Estrada is also considering a property negligence claim agains the owner of the property where the accident occurred.

Holding Older Drivers Accountable Under Florida Law

In the wake of this accident, increased attention has been paid to the role of elderly drivers and the risks they may pose on the road. Florida law does not impose an upper age limit on driving, but older drivers must renew their licenses more frequently and pass vision tests after age 80. Despite these regulations, age-related cognitive and physical declines can still contribute to dangerous driving situations, leading to tragic outcomes like this one.

When an elderly driver causes an accident, victims may pursue a personal injury claim to hold them accountable for their actions. In Florida, personal injury claims require proof of negligence. To establish negligence, the victim (or their family) must demonstrate that the driver owed a duty of care to others on the road, breached that duty through careless or reckless actions, and that this breach directly caused the victim’s injuries.

In this case, the driver reportedly mistook the accelerator for the brake, resulting in the collision. This type of error, particularly when a pedestrian is involved, could likely be seen as a breach of the driver’s duty to operate the vehicle safely. If negligence can be proven, the family may be entitled to compensation for medical expenses, pain and suffering, and other damages.

Understanding Your Rights After a Fatal Miami DUI Crash

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

Driving under the influence of drugs is as dangerous as driving under the influence of alcohol, and it’s just as illegal under Florida law. If any substance impairs a driver’s ability to operate a vehicle—whether it’s illegal drugs, prescription medications, or even some over-the-counter drugs—they can face DUI charges. These accidents often result in severe injuries or death, and victims of these crashes can seek compensation for their losses.

A recent accident in downtown Miami shows just how dangerous drug-impaired driving can be. A New York woman reportedly admitted to driving under the influence of a synthetic drug known as “pink cocaine” when she ran a red light and caused a three-car accident. The crash killed two people and left others injured. If you or a loved one has been injured in a Florida accident caused by a drug-impaired driver, it’s essential to understand how Florida law applies to these cases and what your legal options are for seeking compensation.

Miami Drug-Impaired Crash Raises Serious Legal Concerns

The Miami accident involving a driver impaired by “pink cocaine” has brought attention to the serious legal consequences of driving under the influence of drugs. According to reports, the driver ran a red light while under the influence of the synthetic drug, causing a collision with two other vehicles. Tragically, two people lost their lives, and others suffered injuries as a result of the crash. The driver also attempted to flee the scene but was stopped by witnesses.

Hit-and-Run Accidents in Florida

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

A recent tragic accident involved a hit-and-run crash in which a driver fled the scene, leaving one person dead and another injured. The collision occurred after a driver ran a red light, causing significant damage to multiple vehicles and surrounding property. This kind of reckless behavior, coupled with the failure to render aid, leaves families devastated and victims without immediate help. In such situations, seeking legal assistance becomes vital for ensuring justice and securing compensation for the victims and their families.

In Florida, hit-and-run accidents carry severe legal and personal consequences. Understanding how these cases are handled under Florida law and the long-term impact on the victims can help you take appropriate legal action if you are in a similar situation.

Why Hit-and-Run Accidents Occur

Unfortunately, hit-and-run accidents are all too common. These accidents leave victims devastated, but they also raise an important question: Why do drivers flee the scene in the first place? The reasons behind these actions are varied, and understanding them can shed light on the following legal and personal challenges.

Miami Boat Crash Raises Concerns Personal Injury Claims in Florida

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

In the aftermath of a tragic boat crash in Biscayne Bay that took the life of a teenage girl and left another with severe injuries, significant concerns have emerged regarding investigative oversights. Prosecutors failed to interview a key eyewitness before filing misdemeanor charges, even though the witness provided critical testimony that contradicted the defense offered by the boat’s operator. This incident underscores the vital role thorough investigations play in cases involving serious injuries or fatalities, especially when the victims and their families seek justice through personal injury claims.

Investigative errors, such as neglecting to gather all available evidence, can have far-reaching consequences on the outcome of personal injury lawsuits. When key facts are overlooked or not adequately examined, it may delay the legal process and complicate the pursuit of fair compensation for victims. This case illustrates why meticulous fact-finding and evidence collection are essential for holding negligent parties accountable, particularly under Florida’s personal injury laws. Such cases often determine the financial recovery for victims dealing with medical expenses, long-term disabilities, or loss of life.

The Boat Crash and Prosecutorial Oversight

The boat crash occurred on a September evening, killing one passenger and severely injuring another. The operator of the vessel, heading back to Key Largo, claimed that another boat’s wake forced him to lose control, slamming into a channel marker at high speed. However, eyewitnesses have refuted this account, stating no other boat was involved. One eyewitness, a yacht captain two boats behind the operator, provided his contact information to law enforcement but was never interviewed by prosecutors before charges were filed.

Speeding Florida Driver Causes Fatal U-Turn Accident

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

Although common on many roads, U-turns can be particularly hazardous when not executed correctly. These maneuvers require drivers to cut across multiple lanes of traffic, making them especially risky at busy intersections. The potential for severe collisions increases significantly when drivers misjudge the speed of oncoming traffic or other vehicles traveling at high speeds. Unfortunately, U-turn accidents often result in devastating outcomes, including severe injuries and fatalities.

Fatal U-Turn Accident in Sunrise Results in Four Deaths

A tragic accident in Sunrise, Florida, claimed the lives of four people, including a child, last month. The incident occurred around 6:40 a.m. at the intersection of West Oakland Park Boulevard and Northwest 64th Avenue. According to witnesses, one of the vehicles involved was making a U-turn when it was struck by another car traveling at an extremely high speed.

One witness, who was at a nearby bus stop, described the horrifying moment when the speeding car crashed into the vehicle attempting the U-turn. “I would say like 100 miles, not less,” the witness said, highlighting the intensity of the impact. The force of the collision was so severe that bystanders had to assist the driver out of the smoking vehicle, and emergency responders were forced to cut open the car to reach the occupants.
Tragically, the driver and passengers in the vehicle making the U-turn did not survive. The driver of the speeding car was transported to the hospital with head injuries. As authorities continue to investigate the circumstances surrounding the crash, the community is left grieving the loss of these four lives.

The Devastating Impact of Florida Red Light Accidents

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

Red light accidents are among the most dangerous types of collisions on the road. When drivers fail to obey traffic signals, the results can be catastrophic, often leading to severe injuries or even fatalities. These accidents frequently occur at high speeds and can involve multiple vehicles, making them particularly deadly. In Florida, where traffic congestion and high-speed driving are common, the risk of red light accidents is ever-present. The tragic consequences of these collisions can leave families grieving the loss of loved ones and dealing with the aftermath for years to come.

Miami Gardens Crash Claims Life of Young Man

In a heartbreaking incident, a young man lost his life in a crash that occurred in Miami Gardens early Tuesday morning. The crash happened at the intersection of Miami Gardens Drive and NW 22nd Avenue, a location known for its busy traffic flow. The victim, a 21-year-old man, was driving when another driver reportedly ran a red light and collided with his vehicle.
The victim’s mother, who has been left devastated by the loss of her son, recounted the moments leading up to the tragic news. She received a text message from her son’s phone, indicating that it appeared to have been involved in an accident and providing a location via GPS. Rushing to the scene, she desperately sought information from the authorities. It was then that she learned her son had died in the crash. The at-fault driver was taken to the hospital, but the damage had already been done.

Understanding How Red Light Accidents Happen

Red light accidents occur when a driver fails to stop at a traffic signal, leading to a collision with vehicles with the right of way. These accidents are often the result of distracted driving, speeding, or reckless behavior. Sometimes, a driver mistakenly believes they can make it through the intersection before the light changes, only to cause a severe accident.