Archive for the ‘Attorneys’ Category

Nursing Home Abuse And Wrongful Death Lawsuits

Wednesday, April 21st, 2021

Nursing home abuse in South Florida is a serious matter. Each year thousands of seniors are injured or even killed in nursing homes across the country. A study by the University of South Florida says that “Between 1 and 2 million Americans 65 and older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.” 

 

Seniors come to Miami for the tropical climate and relaxed lifestyle. This is also why many families choose it as the choice location for assisted living facilities. We entrust assisted care facilities with the life and well-being of our senior family members. Nobody expects that they would turn a blind eye when such an atrocity occurs. Even worse is when you discover that they tried to cover it up.

 

 A to Z Injury Law attorneys are experts in the field of nursing home abuse. We will make sure the guilty pay for their crimes by ensuring you and your loved one are justly compensated.

Examples of senior abuse in nursing homes.

A common example of senior abuse is that of a nursing home patient who had a heart attack and died. In this type of situation, the patient’s family may decide to sue the facility. The first thing you will want to do is get a professional nursing home liability attorney to assess your case. 

 

Your best-case scenario may be a suit against the homeowner or operator of the home. If you win the suit, you may be able to collect compensation for medical bills, funeral expenses, and loss of income.

 

Suffering an injury while in someone’s care could be another example of nursing home abuse. In this instance, the family of the patient may decide to press charges against the facility. You’d have to prove the injury was due to negligence on the part of a staff member, facility, or both. These suits can be costly but with the right attorney, you can receive compensation for injury, pain, and suffering.

 

Another common scenario is that of a nursing home accident. In these instances, the patient’s family may decide to file a lawsuit in an attempt to get their deserved compensation. Nursing home lawsuits are very common because most of these victims do not receive voluntary compensation from the facility.

 

Many victims of nursing home abuse suffer long-term psychological effects from their experience. This is why so many families opt to pursue a legal case through a nursing home lawsuit. It is not the physical injuries and pain that must be addressed. The effects of mental trauma and anguish are something that can last a lifetime.

Types of compensation available for victims of senior abuse in Miami.

If a loved one has experienced a wrongful death in a nursing home, there are several ways to obtain compensation. One way is through a wrongful death lawsuit. Another is through a medical malpractice claim. There are also other options available such as a financial lawsuit or a class action.

 

A wrongful death lawsuit can be filed either by the patient or by anyone related to the patient. If you or a loved one have been harmed by a doctor, you should contact a wrongful death or medical malpractice lawyer. They should offer a free consultation to help you decide if it is worthy of pursuing.

 

Medical malpractice is another way to file a wrongful death lawsuit. These suits can also be filed by relatives who have died because of medical negligence. This type of suit can be difficult to prove, so it may not always be successful. A skilled attorney may be able to make it a strong possibility.

 

The team at A to Z Injury Law is available 24/7 and is committed to protecting our great Miami seniors from neglect and abuse. Click here for a free consultation.

We can also be reached at (561) 889-7056.

The Most Common Types of Construction Accidents

Friday, December 11th, 2020

Whether you are a carpenter, an electrician or a steel worker, all the trades have a couple of significant things in common: 1. You are in the Construction industry, and 2. Your job can be dangerous. Most workers within the industry understand the level of hazards for which they need to look out. However, a spouse or relative caring for a loved one who has been involved in a construction accident, or a new business owner making their first steps in brick-and-mortar, may not know exactly what the top hazards are in the construction industry. If this is your situation, or something similar, A to Z Injury Law wants to be your resource.

There are approximately 6.5 million construction workers at over 250,000 construction sites on any given day across the United States. Those sites have a higher fatality rate for injuries than most other workplaces. But why? What makes a construction job more dangerous than others?

Injuries inflicted by equipment

On almost every construction site, getting hit by falling, swinging, or rolling equipment can lead to dangerous injuries. Even if it isn’t your core job, moving a heavy object out of your way may be part of your day just to get to your work. You could be struck by a beam, a vehicle, or other construction equipment. Whether it’s bricks hoisted in the air or a pallet full of pipes on a higher floor, anything above you is going to be tremendously more dangerous if it comes down unexpectedly.

Electrical errors

It can be easy to lose track of live wires or nearby powerlines, which explains why electrocution is the 4th leading cause of death for construction workers. Even when an injury isn’t fatal, the pain and injury it inflicts can stay with you for days or even years.

Collapsing…everything

Scaffolds, cranes, trenches, even whole buildings…there are more things capable of collapsing around a construction site than not at times. Cave-ins can sometimes be difficult or impossible to escape from, while a scaffolding or crane collapse can cause extraordinary injuries.

Falling from any height

There need not be a skyscraper involved. Whether you step off a ladder or scaffold wrong, or slip off a single-story roof, or suffer vertigo while in a cherry picker…any situation can go wrong badly and falls from a height are one of the leading causes of fatal accidents on construction sites. If this has happened to you or someone you know, was every precaution taken to guarantee safety?

If you have been injured on the job, or you know someone who has or have any questions about a construction accident, give A to Z Injury Law a call today at (305) 203-4357, or contact us here. You will receive a no-obligation consultation about your case and your rights moving forward.

Who Picks You Up After an Uber or Lyft Accident?

Wednesday, December 9th, 2020

A to Z Injury Law in Miami wants to help you fight rideshare negligence

When you make the safe choices and still end up injured, you are not alone

Whether it is getting home from holiday parties, making a doctor’s appointment when you don’t have a car, or getting to a business meeting while traveling, we’re often told how convenient rideshare options are…and it is absolutely true the vast majority of the time. But they are not always as safe as they seem.

Distracted rideshare drivers can put passengers and others on the road at greater risk, and anyone injured in an Uber or Lyft accident should speak with a lawyer to determine their legal options fast.

When negligence is involved in a rideshare accident, it becomes invaluable to understand your rights. You are the injured party. You can hold the Uber or Lyft driver accountable when their negligence results in injuries or damages.

The more popular rideshares become, the more they need to be me held accountable so everyone can feel safe.

When you are driving your own car yet have a rideshare “connection”

The rest of the drivers on the road are as much at risk as the passengers. When is the passenger of a rideshare in an accident? When the rideshare vehicle has stopped in the middle of the road to pick someone up or has just made an illegal U-turn to pull in somewhere it wasn’t supposed to go to begin with. All of which involve other drivers driving their own personal cars, all of whom have their own injuries and damages.

All victims have rights when their injuries stem from a crash caused by a negligent rideshare driver. Knowing these rights is essential when seeking compensation from the responsible party, and our Miami rideshare accident attorneys are here to help you starting today.

Someone exiting a rideshare vehicle injures another person riding a bike. Who is liable?

It is a more common occurrence than you might think, especially in densely populated areas like Miami and Ft. Lauderdale. Cyclists who have been “doored” by rideshare passengers exiting an Uber or Lyft often end up suffering severe injuries. But then who is responsible for the cyclist’s medical bills, lost wages, pain, and suffering?

While the driver has a legal duty to maintain the safety of passengers and pedestrians while operating a rideshare vehicle, the rideshare company will likely try to blame the passenger for not looking back before pushing open the car door. Among the issues with going after the passenger is trying to hold the passenger responsible for the harm caused when they themselves might not have renter’s or homeowner’s insurance, which is what is required to cover that type of claim.

The bottom line when there is a failure to use reasonable care to prevent harm to others is negligence. The driver should have had the foresight to know that a passing bicyclist could have been injured and warned their passenger to remain in the vehicle until it was safe to exit. Even more egregious if the rideshare driver was dropping the passenger off in a bike lane.

If you are a bicyclist who was doored by an exiting rideshare passenger, contact A to Z today.

Economic vs. Non-economic Damages

When negligence causes injury, the plaintiff can seek damages to cover the physical and emotional pain they have endured. The two types of damages settled on are economic and non-economic.

Economic damages have a monetary value. Medical expenses, lost wages, property damage, etc., are all measurable amounts that can be calculated with estimates and receipts. Non-economic damages speak to the pain and suffering and things someone on the outside cannot directly evaluate.

A to Z Injury Law is Miami’s leading authority on rideshare injury cases. We understand how distressing Uber and Lyft driver accidents can be, and when you sustain serious injury, you deserve to protect your rights. We have a proven track record of securing settlements and verdicts on behalf of our clients and want to help you obtain your desired verdict out of your rideshare injury case. Call (305) 203-4357 or click here for help, 24/7. Hablamos Español

Disturbing Truck Accident Statistics Are Sobering for Miami

Thursday, November 26th, 2020

A to Z Injury Law continues a review of motorist injuries and fatalities

While our previous blog touched on the rising danger of truck accidents and fatalities in Miami, we wanted to revisit the subject with some alarming statistics we discovered in the Florida Department of Highway Safety and Motor Vehicle report “Traffic Crash Facts 2018.”

Did you know there is an average of more than 16,000 large truck collisions in Palm Beach, Broward and Miami-Dade Counties each year? Of those, approximately 3,000 involve injuries or fatalities. Let’s break that down even further by county:

  • An average of 720 people are injured and 15 people killed in truck collisions in Palm Beach County every year. The number of deaths went down from 2017 to 2018, however injuries rose by a third.
  • Broward County experiences 892 injuries with 13 truck accident fatalities over the course of a year. Even more alarming is that the number of deaths doubled from 2017 to 2018. We are still waiting to find out if that trend continued over the next 2 years.
  • Miami-Dade reported 1,227 injuries during that period, with the most casualties at 21 deaths a year on average.

How does it happen?

To be completely honest, truck accidents most often happen because of careless truck drivers. When looking at the data accumulated from the citations truckers most frequently receive as moving violations, there are some specific forms of negligence that emerges.

Whether it is speeding, improper lane changes and turns, following too closely, reckless driving, drunk or drugged driving, or failure to obey a traffic device (such as running a red light), it really illustrates the fact that truck drivers can have as high a rate of inconsiderate drivers as the general population…they can just do a lot more damage.

Can you avoid these life-threatening accidents?

Driving defensively is always a good start. A truck tractor and trailer can take up to five time the length of a passenger vehicle. If a driver moves into an adjacent lane abruptly, that length becomes a tremendous liability. Plan ahead and monitor the space around large vehicles traveling in your vicinity. Double check your blind spots and the blind spots of the trucks around you. Try not to make abrupt lane movements and always use your turn signals before moving into a different lane.

Are you a victim of a truck accident?

If you have been injured or, heaven forbid, have lost a loved one in a crash that involved a semi-tractor trailer, 18-wheeler, or other industrial vehicle, Florida law does offer you opportunities for recompense. You can rely on the legal team at A to Z Injury Law to guide you through the legal process and help you recover fair compensation for your losses.

The first step in trying to recover compensation will be filing a claim with the truck driver’s insurer, which covers up to $750,000 in damages by law. If the insurance company refuses to settle, you may then have to take your case to court. If successful, you will be able to recover amounts for Medical Costs, Pain and Suffering, and Emotional Distress.

You may also be entitled to recover monetary damages from all the individuals responsible for the truck accident, which can include parties beyond the truck operator and insurance company. The driver’s employer, the owner of the truck, the trucking company…there may be several codefendants sharing in the liability.

While truck accidents are nowhere near as common as other motor vehicle collisions, they also tend to be the most catastrophic incidents on the road. Per the Federal Motor Carrier Safety Administration (FMCSA), large commercial vehicles account for approximately 13% of all traffic deaths in the US, while Florida is among the top 10 of all states in highest percentages of fatal truck crashes.

When you need to choose an Accident Lawyer for your Truck Injury case, call A to Z Injury Law

A to Z Injury Law will provide you with a no-cost consultation with one of our experienced truck accident attorneys in Miami. If you are a surviving family member of someone who was injured or killed in an accident involving a pickup, semi tractor, 18-wheeler or other commercial van or vehicle, contact us for help. That’s why we’re here.

Truck Accidents and Fatalities Are On the Rise in Miami

Tuesday, November 3rd, 2020

Truck Accidents and Fatalities Are On the Rise in Miami

Miami is infamous for having some of the most chaotic traffic in the country. Whether you’re trying to make it to work through Kendall Dr. and SW 117th early in the morning, trying to get to Wynwood from Brickell City Centre midday or navigating the Golden Glades Interchange during rush hour, you know how bad Miami’s roads and intersections can be.

It’s highly likely that with all of the really bad traffic you’ve had to steer through, you’ve been involved in an accident at least once.

And because Miami is a transportation hub for the Carribean, Central and South America, some of you have been involved in semi-tractor trailer truck accidents as well.

According to the Miami Herald, the number of fatalities stemming from wrecks involving semi tractor trailers and other commercial trucks is surging nationally, making our highways increasingly perilous for drivers.

The legal team at A to Z Injury Law knows this too. Members of our team have been where you are right now. Faced with an unpleasant outcome of a bad trucking accident on I-95 or A1A, you have to decide if you are going to sue the trucker that nearly crushed your vehicle into nothingness. Physical pain doesn’t end, but getting the money you need to pay all of your medical bills and pay for the physical therapy you will need going forward helps. Let’s take a look at just how Miami traffic shapes a lot of these lawsuits.

Trucking Injuries Are Not Likely to Dissipate Any Time Soon

The Port of Miami is the shipping hub of the state. So much GDP (gross domestic product) ships out here and imports from other countries comes in. As a result, thousands of trucks each year head into Miami and then back out again. It is a big reason why the traffic is so congested and so dangerous. A truck injury is almost inevitable.

Just to give you an idea of the enormous flow of traffic, Port of Miami processes billions of dollars of imports into the city and onto trucks each year. Even with the 2019 infrastructure improvements to move traffic out of Downtown Miami and directly onto the highway, traffic is still bad and accidents are severe.

As an example, in 2014 14,000 Miami residents were seen in hospital emergency rooms for traffic-related injuries for a car or truck accident. Over a 1,000 were hospitalized overnight, and 99 died in these motor vehicle crashes. A big percentage of those were truck accidents. Any truck accident, no matter how “minor,” was recorded as data for research purposes.

In 2017, there were 34,247 fatal crashes in the U.S.. Of those, 4,455 crashes involved a heavy commercial truck. This goes to show that no matter how good the roads or how many improvements are made, truck crashes happen and will continue to happen. It’s up to you to decide how you handle what happens to you when you are in a truck crash or lose a loved one to a trucking accident in Miami.

The data can be found on on Floridahealth.gov as well as Federal Motor Carrier Safety Administration’s website.

Choosing an Accident Lawyer for Your Truck Injury Case

A to Z Injury law will provide you with a no-cost to you consultation with one of our experienced Miami truck accident attorneys. If you are a surviving family member of someone that was injured or killed in an accident involving a pick up truck, semi tractor trailer / 18 wheeler or other truck, van or commercial vehicle, contact us for help. That’s what our lawyers are here for. You can ask us anything. At A to Z Injury Law our credo is – We’re With You, All the Way!.”

 

Medical Malpractice Lawsuits in Miami – Not Your Average Case

Monday, October 26th, 2020

Even Good Hospitals and Doctors Make Mistakes

Did you know that more than 250,000 people in America die each year from medical provider negligence and errors, according to a study by Johns Hopkins University. Medical malpractice lawsuits can be among the most difficult personal injury or wrongful death cases to win for a variety of reasons, and particularly against physicians.

Medical facilities can be negligent in the manner in which they care for patients. This could be attributed to the facilities often working in teams which can lead to communication errors due to lack of proper information and or expertise within the workers.

The size of the hospital does not necessarily indicate the ability of the staff, and injuries can occur to patients at larger facilities such as Mercy Hospital, Jackson Hospital, Baptist Health of Miami, or even Mount Sinai Hospital here in Miami, Florida.

Mistakes can happen in treatment and/or care practically everywhere that patients are admitted.

Being properly compensated for those mistakes requires experienced and knowledgeable legal representation by malpractice attorneys who understand the medical technology involved, the terminology and especially in the Miami area – what are the specific laws on the books, who the judges are and how to handle the insurance companies. For these reasons and others, ‘med mal’ cases are assuredly not simple general lawsuits on any level.

Startling Statistics

There are some startling statistics concerning medical malpractice lawsuits across the United States, and the state of Florida is near the top of the list for cases filed and reparations paid.

According to NPBD data, Florida ranks third during the years of 2009-2018 with a total claim payout of $2.488 billion in compensation for almost 11,000 cases. Florida follows only New York and Pennsylvania in the national statistics.

The highest point of the amount of payout was registered in 2018 and signs indicate this is trending upwards. People are realizing that they do have recourse when a doctor or treatment facility they trusted with their care fell short of the professional standards expected.

Why You Need a Dedicated Medical Malpractice Lawyer

The legal world is vast and medical malpractice is an extremely specialized segment of this environment. Attorneys who are not properly educated, trained and experienced in the specialty of medical malpractice tend to be outside their depth as opposed to attorneys who have put in the time to excel in this arena.

If you have suffered an injury at the hands of someone in the healthcare profession, you need an experienced lawyer with an in depth understanding of not only the law, but of medical procedures, anatomy and healthcare technology. Attorney Ruben V Chávez of A to Z injury law began his carrer defending insurance companies and Doctors and knows exactly how they defend cases, and how to beat theme.

There are many forms of medical treatment, and cases against negligent medical professionals can include malpractice issues with:

  • Dentists
  • General Internal Physicians
  • Specialist Physicians
  • Physical Therapists
  • Surgeons
  • Treatment Facilities
  • Psychologists
  • Nursing Homes
  • Long Term Care Facilities
  • Assisted Living Facilities
  • Birth Specialists
  • Medical Device Installation Technicians

Problems can arise and injuries occur when any one of these categories of medical treatment workers, or others, make mistakes or are negligent in their assigned duties.

While most healthcare specialists will follow the recommended treatment, protocols or medical defense initiatives, some doctors and facilities will opt for unusual treatment recommendations that do not meet established guidelines.

Failure to follow reasonably recommended treatment guidelines is a component of many ‘med mal’ cases, and having a comprehensive Miami medical malpractice lawyer on your side who is well-versed in these guidelines means that your case can be properly investigated while being crafted for presentation to the court or insurance provider.

Potential Damages

The range of remedies for compensation in this type of lawsuit is very similar to other personal injury cases, but the degree of negligence and extent of injury are the primary factors in the final outcome of a case.

Not only can legal expenses be recovered, but injured victims can be reimbursed for medical bills, lost ability to work, and long-term damage as a result of the injury.

Cases such as a child birth injury or a surgical mistake can be extensive because they can impact the remainder of the victims life. General damage amounts are usually what actually makes the injured plaintiff financially whole after the fact, and it takes an experienced medical malpractice attorney to itemize the potential problems the patient will face going forward in life. And when a case is the result of a death in treatment, punitive damages can even apply in certain egregious instances.

A to Z Injury Law – “We’re With You…All the Way!”

Always remember that details in treatment matter greatly when a medical malpractice case is being processed, and the attorney you choose matters greatly as well. These are highly specific claims and attorneys must know the ropes of the medical industry to understand where to investigate in establishing a case. This is why it is vital to have an aggressive and seasoned Miami medical malpractice attorney who can craft a case for maximum financial recovery by pinpointing all of the negligence factors involved in causing the injury.

The Plight of Construction Workers in Miami

Monday, October 26th, 2020

Construction Accident Injuries Are Always a Risk

Until recently, Miami construction activity was white hot, and while it has slowed down recently due to the Pandemic overall construction in the area is expected to rise by 4.9% in 2021 as the economy begins its rebound, according to Cumming Management Consulting.

Building activity ranges from ultra modern condominiums on Miami Beach to commercial buildings on Brickell Ave. in and around City Centre. Although it’s good for the city, construction sites expose workers to work-related injuries. The Industry is among the most dangerous, even with OSHA regulations, with one out of every five worker deaths being construction related.

As you are well aware, if you are a construction worker, you are subjected to physical work most of the time. You might also come into contact with heavy machinery such as cranes and cement mixers or climb to great heights on girders or scaffolding, or perform other work-related tasks which put you in harm’s way.

Common Injuries on Job Sites

Depending on your role on the jobsite – whether it be foreman, carpenter, equipment operator or general laborer, you are exposed to different risks. In South Florida, two construction workers sustain injuries daily while at work. Here are some of the most rampant causes of injuries:

  1. Falls

You might fall from the top of a building or from the machinery to the ground, sustaining serious injuries. You might also fall into a hole or ditch on the site. Although OSHA has strict rules regarding the stability of scaffolding, accidents can still happen. When scaffolding collapses, a worker can fall, leading to death or get severe injuries.

  1. Electric Shock

Construction workers may use generators or other power tools. In the process, they might suffer electrical burns.

  1. Motion Injuries

Some construction projects might go on for years. Therefore, the workers’ bodies do the same work repetitively. As a result, their muscles and soft tissues might get damaged, leading to pain and limited mobility.

Besides these causes, construction workers might get involved in traffic accidents while at work, or accidents caused by equipment errors.

What are your Options?

Job site injuries might lead to huge medical bills that need to be settled. Besides, if you sustain some injuries, you might be forced to stay out of work for some time or quit whatsoever. Raising money for medical bills while you’ve lost your income might be overwhelming.

However, the laws in Florida have been put in place to ensure that you don’t bear the burden alone. An injury lawyer can help you weigh your options.

If you sustain injuries on the job, you are entitled to workers’ compensation. The compensation covers medical costs, as well as lost wages. If you become disabled, either temporarily or permanently, you are also entitled to disability benefits. You can get full disability benefits if you can no longer work after the accident. You cannot sue your employer for a construction injury. However, you can take action against them by claiming your compensation.

However, you can sue someone else, other than your employer, if they led to your construction accident. For instance, if an architect’s negligence led to the accident, you might stand a chance in court. You can also sue a manufacturer if its defective tool or machine led to the accident.

Find an Experienced Accident Attorney

If you or a loved one in the Miami construction industry gets hurt while on the job, it would be best to hire a top rated construction injury lawyer. They will give you comprehensive legal advice and help you gather the evidence required to prove your eligibility for compensation. In case of any conflicts, a personal injury attorney would be in a better position to negotiate a settlement with the responsible parties. A to Z Injury Law offers all the legal representation you need. At A to Z Injury Law in Miami, “we’re with you…all the way!”

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