At the Law Offices of Robert Dixon, our Miami personal injury lawyers represent South Florida residents in a wide range of cases. We offer compassionate representation to victims and to families who have lost loved ones as a result of someone else’s carelessness. The Team are experienced in all areas of personal injury law, including motor vehicle collisions, defective products, premises liability, medical malpractice, and nursing home abuse. Our firm is dedicated to ensuring that our clients’ rights are vigorously pursued and thoroughly protected. If you need a car accident attorney or representation in another personal injury claim, we are ready to guide you through the process.
Car Accidents and Other Motor Vehicle CollisionsCar crashes and other vehicle-related collisions, such as those involving motorcycles and trucks, are among the most common sources of personal injury claims. To pursue compensation for harm sustained in a motor vehicle accident, a victim must aim to show that the defendant was negligent. This is established when a plaintiff proves that a defendant breached an applicable duty of care. The breach must also be a proximate cause of the victim’s injuries and result in damages. All drivers owe other motorists and passengers, as well as bicyclists, pedestrians, and other road users, a duty to act as a reasonable and prudent person would act under similar circumstances. Thus, a driver who speeds, runs a red light, fails to yield, or otherwise acts recklessly, resulting in an accident, may be held liable for the harm that he or she causes.
Once liability is established, a victim may receive damages for medical costs, loss of income, property damage, pain and suffering, and other forms of harm. Even if a victim was partially responsible for the accident that caused his or her injuries, damages may still be available. Under a pure comparative fault system, Florida courts award compensation in amounts proportionate to each party’s degree of culpability.
Premises LiabilityProperty owners have a duty to maintain a safe environment for visitors, especially people entering an establishment for a business purpose. If a patron is injured due to an owner or operator’s failure to provide such an environment, he or she may pursue a premises liability claim against responsible parties. Business owners are required to conduct regular inspections of their property to make sure it is free of hazards. Additionally, hazards found must be fixed in a timely manner. If they cannot be repaired, an owner has a duty to warn customers of their existence. This duty extends to not only a building’s interior but also parking lots, stairwells, and other common areas. To establish liability after a slip and fall, a victim must show that the business owner had actual or constructive knowledge of the danger and failed to address it in a timely fashion.
Property owner liability also extends to licensees, or people visiting for a social purpose, such as guests at a house party or other gathering. Although this duty of care is slightly less than a business operator’s duty, a social host still has an obligation to maintain reasonably safe premises and repair or warn about any known dangerous conditions.
Product LiabilityAnother source of potentially life-threatening injuries consists of products that contain manufacturing or design defects, as well as those that fail to include proper warning labels and instructions. Manufacturing defects are those that occur in the process of manufacturing, when one item in the line does not match what the maker intended. Design defects occur when a fundamental flaw in the product’s design exists, and the entire product line is inherently hazardous to users. Multiple parties may be at fault for a product defect, and these claims may involve expert testimony as well as a detailed investigation into an item’s make and manufacture.
Catastrophic Injuries and Wrongful DeathCatastrophic injuries are those that result in permanent impairment, such as spinal cord injuries accompanied by paralysis, amputations, and brain trauma. These injuries involve long-term rehabilitation, physical therapy, and sometimes full-time care. A wrongful death occurs when a victim loses his or her life as a result of someone else’s misconduct or gross negligence. Certain family members, such as surviving spouses and children, have a right to pursue claims on behalf of a deceased loved one. Wrongful death cases have a shorter statute of limitations than other personal injury claims. They must be filed within two years of the victim’s death.
Medical Malpractice and Nursing Home AbuseA medical malpractice claim arises when a medical professional’s actions fall below the standard of care appropriate to his or her specialty, and this negligence results in harm to a victim under the defendant’s care. These injuries may be caused by a delayed diagnosis, a failure to administer a correct type or dosage of medication, a failure to monitor a patient properly, or a surgical error, among other situations. Sometimes, in addition to a doctor, other responsible parties may be involved in these cases, including nurses, hospitals, or other health care providers. Often, a careful investigation into the circumstances leading up to a patient’s injury is necessary to determine at which point the careless action occurred.
Nursing home abuse may be difficult to detect, given that the victims may be secluded from family or unable to communicate what is happening to them. Neglect and abuse may be identified by signs such as the presence of unexplained fractures, malnutrition, worsening bedsores, or over-sedation. Caregivers and the facilities that employ them should be held responsible for injuries or deaths that result from their negligence or abuse.
Contact a Miami Lawyer for Your Personal Injury ClaimThe Miami personal injury attorneys at the Law Offices of Robert Dixon help victims who have been injured as a result of negligence, tirelessly pursuing justice in a wide variety of situations. Contact us online or call us at 877.499.4878 to set up a free consultation and find out more about your rights. We also represent injured individuals and families in Miami, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties.