Monday, March 25, 2019

Liberty City Slip and Fall Lawyer


For those who might be unaware, Liberty City has an interesting history, when Franklin D. Roosevelt authorized the Liberty Square housing project, which was the first public housing project for African-Americans in the southern United State. It has maintained a sizable African-American population ever since, as well. There have been efforts to revitalize the area, as well, after the crime rate rose due to factors such as race riots, thanks to the rising tensions caused by the Civil Rights movement. Liberty City also has an important place in hip-hop music, and is instrumental in the careers of some of the most famous Florida hip-hop musicians, including 2 Live Crew and Trina. 

Let’s examine this scenario: you walk into a building or are on a certain premises, and all of a sudden, you slip and fall. This fall may have been caused by the fact that the building owner has not been considering the actual safety of the building, which has led to your injury. It is obvious that you might be extremely frustrated at the fact that you would now have to pay for exorbitant medical bills. This is where a slip and fall lawyer comes in. If you have a serious injury, a slip and fall lawyer can work on your behalf to ensure that you are given the compensation that you deserve.

Of course, it doesn’t just stop there. This injury might affect your job, as well, especially if your job requires that you move around a certain way, and the injury affects that. If you have a construction job, for example, you might not be able to perform your duties - all because of a negligent building owner. A slip and fall lawyer may be able to ensure that you are compensated for the work that you are now not able to complete. You can actually rehabilitate and get paid for the work that you WOULD have done, but cannot, due to the injury. A slip and fall lawyer can help determine liability to make sure that the right parties are held accountable. If a staircase is not maintained properly, and it leads to your injury - it is obvious that the building owner should be held accountable in court, and a slip and fall lawyer is precisely the kind of individual that can help you navigate the proceedings. The truth is that a slip and fall lawyer can help you save effort, time, and money.


Thursday, March 21, 2019

Downtown Miami Accident Lawyer


It’s hard to deny the pure electricity of downtown Miami, and with good reason. It’s a melting pot of culture, entertainment, and nightlife. Many now consider downtown Miami to be on par with New York and Los Angeles in terms of nightlife, thanks to nightclubs that many celebrities often frequent and reference, such as Liv, STORY, and more. There are all sorts of festivals on top of the many people that already consider Miami a tourist destination, thanks to the weather, beaches, and entertainment venues. Whether it’s the real estate market, or the art and culture, more people are drawn to downtown Miami than ever before.

Of course, accident lawyers are very necessary in life, because things don’t always go as planned. It’s very natural for even the most defensive driver to get into an accident, and there are those that are more prone to get into accidents than others. While one can always attempt to deal with the situation themselves - the truth is that accident lawyers can offer an array of advantages. Insurance companies will do everything that they can to get out of paying you, but a lawyer can work hard to maneuver the system and make sure that you get compensated fairly.

This is even more important if you actually have to rest in a hospital after an accident. If you have a serious injury, it is easy to see why you can’t do everything that you can to resolve the situation, and that’s why an accident lawyer can do a lot to make sure that the money that you deserve comes to you. There are some that might believe that hiring an accident lawyer isn’t necessary, only to realize how necessary it is. It doesn’t matter whether it’s all of the paperwork involved, or whether it’s the fact that you don’t have the resources and have to find someone that can work on a contingency fee - an accident lawyer can truly change your situation for the better.

Sometimes, it’s about the peace of mind and emotional support involved in hiring a lawyer, and making you feel like someone will actually fight for you in court. A lawyer can also help you understand how much money you can realistically expect, because they have experience when it comes to dealing with these situations, as well. An accident lawyer can also make sure that you are compensated from any work that you miss from an accident, as well.


Wednesday, March 20, 2019

Brickell Car Accident Lawyer



There are many important districts in Miami, but one might be able to argue that Brickell is actually the most important district, because it is considered the financial center of the city. This is important considering that Miami is one of the most populous metropolitan cities in the southern United States. In fact, Brickell is one of the fastest-growing financial districts in the entire nation, even though it only has around 30,000 people. The district even has its own magazine, titled Brickell Magazine. There are many of the state’s foreign consulates that are populated here, as well.

There are all sorts of car accidents that occur all over the world, and some might describe this as an “everyday occurrence”. There are many instances where the damage is very minor, and parties are able to resolve the issue fairly amicably. Of course, there are also instances where there is lots of damage and money involved. In these cases, a car accident lawyer can do a lot in terms of solving the situation. While no one wants to deal with the courts, and some might view it as a “hassle”, the truth is that the representation of a car accident lawyer can do a lot.

Imagine that you actually have a physical injury as a result of a car accident, and it wasn’t your fault. Of course, the other party might not want to admit that, because it will mean that they might have to pay out a massive amount of money, or an insurance company might have to. The idea is that a car accident lawyer knows how to represent your interests and navigate these waters, and find out who truly is at fault, whether it was the result of reckless driving, drunk driving, or another aspect of the accident.

There are different state and national laws regarding transportation, which is why your car accident might not be as cut and dry as you thought that it is. There are deadlines when it comes to medical bills that you have to consider, which is why the earlier that you contact a car accident lawyer, the better. It might be a decision that you never regret, because it helps make sure that you can move on with a peace of mind that you otherwise wouldn’t have. A car accident attorney can also answer the many questions that you might have, so that you are completely clear about the situation and the laws and ramifications involved.




Thursday, March 14, 2019

How a Traumatic Brain Injury Can Affect Personality

How a Traumatic Brain Injury Can Affect Personality
March is Brain Injury Awareness Month. So, it’s appropriate that our blog this month discusses how a Traumatic Brain Injury (TBI) can affect personality. 
Did you know that every day in the United States, 153 people die from injuries that include TBI’s?  The US Centers for Disease Control states “A TBI is caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI.”  TBI’s can also be caused by any object that penetrates brain tissue, such as a bullet. The CDC further states, “The severity of a TBI may range from “mild” (i.e., a brief change in mental status or consciousness) to “severe” (i.e., an extended period of unconsciousness or memory loss after the injury).  Most TBI’s that occur each year are mild, commonly called concussions.”
TBI-related deaths and injuries vary by age but the leading cause of deaths for the year 2013 for persons 5-24 years old was motor vehicle crashes.  And, motor vehicle crashes were also the leading cause of hospitalizations for 2103 for persons 15-44 years old. 
People lucky enough to survive a TBI can also be unlucky in terms of the short- and long-term effects on their lives and their families’ lives due to the wide-ranging physical and psychological effects caused by a TBI.  Slight to unmistakable changes in a person’s personality can be one effect that might be noticed days to even weeks or months following the injury. 
Scientific studies and scholarly literature review articles have looked at how a TBI can affect a person’s personality.  One recent literature review article from 2015 states, “Personality changes are attributed to a TBI when the injury causes obvious and marked changes in the patient’s pre-injury characteristic behavior (Prigatano, 1992); these changes in personality can be temporary or permanent. Others who are familiar with the individual’s daily behavioral characteristics may recognize emotional and motivational responses that the person may not be fully aware of or able to report subjectively. Most often, permanent changes are attributed to damage to the limbic and frontal cortex systems of the brain and most often involve affective deficits.”
The same article concluded, “While many TBI patients do experience drastic personality and/ or behavioral changes, it is still not clear whether these changes are permanent or if the patient will eventually return to their pre-injury characteristic functioning. These outcomes appear to depend on a variety of factors, including familial and social support and premorbid functioning and pathology. New research is being conducted constantly to discover new and more concrete methods to treat this population and address the many changes and deficits that they are struggling to overcome. What can be said for certain is that no one intervention or area of treatment is going to be satisfactory in TBI rehabilitation, rather, it will take the cooperation of many different health care providers and care givers to establish a well-rounded and complete rehabilitation program that is tailored to the individual patient’s needs and focuses not only on developed skill deficits but any subsequent behavioral or personality changes as well.”
One thing is for certain, traumatic brain injuries whether mild or severe, present complex legal, psychological, and medical issues that should be addressed with medical, mental health, and legal professionals.


Tuesday, November 20, 2018

Who is Negligent in a Personal Injury Case?




Legally, negligence is defined as the failure to take sensible caution in circumstances where a person would usually expect someone else’s property to strike other properties or individuals. 
It is also beneficial to consider what is not regarded as negligent conduct. The tort of negligence is a limited notion within the extensive idea of liability. Parties are frequently found accountable for many things that are barely negligent. 

What is Duty of Care and How Does it Fit into Personal Injury Cases?
Duty of care is a legal word that implies the accountability an individual must prevent bringing about harm to someone else. In a personal injury case, the first step in showing that another individual was negligent is to determine that the person had a duty of care in the circumstances that caused the injury. The plaintiff, or injured individual, must demonstrate precisely how the defendant, or the other party, failed to satisfy that duty – in other words, how the behavior of the defendant violated the duty of care. When this breach is proven, the last step in substantiating negligence is to demonstrate that the plaintiff endured actual injuries that were brought about by that breach.
For a plaintiff in a personal injury case, showing a breach of care requires exhibiting that actions taken or untaken by the defendant failed to satisfy the necessary degree of sensible caution under the circumstances. However, what precisely is the suitable standard of care in a certain situation, or in different kinds of personal injury cases? It relies on the facts of every separate case.
For example, the driver of a vehicle always has a legal obligation to maneuver his or her vehicle with sensible caution, which consists of considering factors, such as traffic conditions, weather, and visibility. State legislatures have sanctioned vehicle and traffic codes which recognize drivers’ legal duties in a few circumstances and forbid specific driving-related behavior in other situations like speeding. Therefore, in many cases, if Driver "A" breaks a driving law, he or she will have violated the duty of care to other drivers, passengers, and pedestrians, if Driver A’s behavior brought about an accident in which others were injured.

The following are examples of the duty of care in other specific injury-related cases:
·     Slip and Fall: A property or business owner has a legal duty to maintain the premises by removing known dangers and must proceed within a sensible time to find and deal with other hazards as they show themselves.
·     Medical Malpractice: A physician or other medical specialist must give treatment with the same degree of skill and care that a sensibly proficient health care provider would behave under identical conditions. It is here that a person looks to the existing medical criteria and practices in the similar occupation or medical discipline, which is frequently corroborated by medical expert witnesses.
·     Defective Product: A consumer product’s manufacturer, distributor, and seller all have a legal obligation to make and sell products that do not have excessive or surprising 
hazards to the consumers.

Proving Fault
When the duty of care is proven, the plaintiff’s obligation, normally through his or her lawyer, is to prove precisely how the defendant broke that standard of care. Referring to the car accident example above, fault can be proven by:
·     Presenting that the defendant broke a traffic law
·     Eyewitness testimony of the accident
·     The plaintiff’s own testimony as to what occurred, and

·     The examination of evidence at the scene of the accident, including damage to the vehicle.

CONTACT:
DLE Lawyers
2151 S Le Jeune Rd
Miami FL, 33134
Phone: (305) 363-7855

Friday, November 9, 2018

Me lastimé en un accidente con un camión: ¿Puedo demandar?

Tras haber sufrido lesiones personales en un accidente de camión usted está en todo el derecho de emitir una demanda legal al conductor o a la empresa de transporte comercial. Este tipo de accidentes no se puede tomar a la ligera o dejar impune. Pues al tratarse de vehículos más grandes y pesados que los comunes, suelen ser más complicados en la carretera y dejar no una, sino varias víctimas con lesiones graves.


Si usted ha sido lastimado en un accidente de camión es importante que contacte a un abogado que tenga experiencia en estos casos para presentar una denuncia. En dependencia de la magnitud de las lesiones que usted haya sufrido en el accidente, y al demostrar la culpabilidad del conductor del camión usted podrá recibir una indemnización justa por los daños.
Este tipo de demanda puede resultar complicada y confusa para los demandantes en muchas ocasiones. Por eso es importante entender sus derechos y contar con la ayuda de un abogado especializado como mencionamos anteriormente. Pero antes de ello, en este artículo te ayudaremos a entender ciertas interrogantes importantes antes de emitir la demanda.

¿Cómo estar seguro de que el transportista del camión puede ser declarado culpable del accidente ante una demanda?


Para estar seguro de que usted fue víctima de lesiones por una negligencia del transportista del camión o de la empresa es importante que hable con su abogado acerca de los hechos. De esta manera podrá reconstruir los sucesos en el accidente. 
Algunas veces los conductores de vehículos pueden tener cierta culpabilidad en estos accidentes cuando conducen por la llamada “zona no visible”. Esta se refiere a la zona donde los conductores de camión tienen muy poca visibilidad para los vehículos de pasajeros. O cuando conducen distraídos en la cercanía de un camión. Por estas razones es que los hechos resultan tema de debate en los tribunales.
Aunque en la mayoría de los casos, estos accidentes son provocados por conductores de camión que incumplen las leyes de tránsito. Ocurren cuando conducen distraídos o cansados por trabajar más horas de las debidas. También sucede por llevar una carga no asegurada, entre otros.
Si su abogado le ayuda a reconstruir los hechos y los testimonios de personas que hayan estado presentes durante el accidente demuestren que la negligencia del conductor del camión inmediatamente usted podrá obtener la compensación por los daños y perjuicios.

 

¿Qué pasa si tengo cierto grado de culpabilidad del accidente con un camión?


En caso de que tengas cierto grado de culpabilidad de los hechos lo que puede suceder es que la indemnización sea reducida al porcentaje que tengas de culpa. Muchas personas llegan a pensar que al ser culpable del accidente no pueden presentar una demanda por la lesiones, pero no es así. Cuando una persona de un vehículo particular es lastimada por una colisión con un camión siempre va a tener derecho a reclamar la compensación que se merezca.

¿Qué gastos cubre la indemnización que puedo recibir?


Con la ayuda de un abogado usted podrá obtener el cálculo preciso para exigir una indemnización o compensación de dinero por los daños ocasionados en el accidente. De esta manera que, cuando se demuestre la negligencia del transportista del camión usted podrá recuperar:
·      Los gastos médicos y los tratamientos futuros. Es decir que, usted podrá recuperar los gastos de atención médica, estadía de hospitalización, exámenes complementarios realizados, tratamientos medicamentosos, rehabilitación y cualquier otro similar.
·      Los salarios perdidos por no haber podido trabajar a causa de los daños y lesiones sufridos. También incluirá los salarios que usted pueda perder a futuro en caso de que la gravedad de las lesiones impidan volver a tener sus habilidades para trabajar.
·      Compensación por dolor físico y emocional.

 DLE Lawyers
 2151 S Le Jeune Rd, Suite 305
 Miami, FL.
 (305) 363-7855