by Spencer Aronfeld | May 15, 2013 | Truck Accidents
Did you know that if you own a car, truck, or motorcycle in Florida and decide one day to hand the keys to a friend, employee, or even your own child, you are legally responsible for whatever injury the driver causes–even if you are not in the car at the time? This is called the doctrine of dangerous instrumentality, and it is based on ancient common law in England recognizing that careless drivers of cars and trucks are capable of causing carnage, and often vehicle owners have more adequate financial resources than the actual drivers. ARVE Error: id and provider shortcodes attributes are mandatory for old shortcodes. It is recommended to switch to new shortcodes that need only url Of course, this law applies to private owners, not rental car companies or lessors of vehicles. Florida has an entirely different set of laws that allow those corporate giants essentially to escape responsibility when a driver of one of their vehicles injures or kills somebody. I recently wrote about this unfair law in my blog for the Huffington Post: “Why Florida’s Governor Wants Tourists to Rent Cars.” The tragic deaths of Lickson Gabriel and his passenger Luis Valentin illustrate how Florida’s dangerous instrumentality doctrine should work. The accident happened in the early hours of the morning when Lickson, driving his father’s car, ran a red light and hit a semi-tractor trailer truck. Wanda Roman, the mother of Luis Valentin, sued the Personal Representative of Lickson Gabriel’s Estate as well as Lickson’s father, Lesore Gabriel, under the dangerous instrumentality doctrine, as the car’s owner. She settled her claim against Lesore for...
by Spencer Aronfeld | Jan 3, 2013 | Car Accidents, Truck Accidents
Injury lawyers in Florida refer their clients to “certain” doctors for a variety of reasons. Some lawyers have ongoing relationships with orthopedic surgeons, chiropractors, radiologists and neurologist. For example, when a client comes to our Miami law office for a slip and fall, car or truck accident, we recommend healthcare providers we know and trust. We do this because it is important that our client receive the proper diagnosis and treatment. In addition, we try to work with doctors who are ready, willing and able to participate and testify if needed. Not surprisingly, most Florida doctors want nothing to do with a patient’s personal injury claim. Often a client will call their own primary care doctors after an accident, only to be told that the doctor “does not treat personal injuries.” Perhaps, the doctor knows that accident injury claims result in a greater scrutiny of medical records and bills. They also know that there is a high probability they will be subpoenaed to testify at a deposition or trial. Testifying can play havoc on a doctor’s busy schedule; keeping them out of their office or off the golf course for a day. ARVE Error: id and provider shortcodes attributes are mandatory for old shortcodes. It is recommended to switch to new shortcodes that need only url There are also some Florida doctors and “accident clinics” that love personal injury cases. They have their entire practice set up to process insurance claims. Most of these accident clinics provide medical service on what is commonly referred to as a Letter of Protection, or LOP. An LOP is a contract between the...
by Spencer Aronfeld | Aug 28, 2012 | Truck Accidents
Do you really need to hire a lawyer after a Florida car accident? I get asked that question a lot. And the answer is; yes, regardless of the circumstances. Here are five reasons why: 1. It may not be as simple as it looks. All car accidents and injuries are different; but In order to fully evaluate each specific case, you need to consult with a lawyer. As a Miami lawyer that sues for car accident insurance settlements I recommend that if you are seriously hurt in a car, truck or motorcycle accident to hire a lawyer before talking with an insurance claims adjuster. 2. You get the benefits not some clinic. In South Florida, I hear radio advertisements constantly trying to lure crash victims to some “accident clinic” promising benefits of up to $10,000. These ads are misleading and geared to accessing just PIP medical benefits rather than reimbursing claimants for lost wages. Even in small damage car crashes, those insured with PIP are eligible for lost income reimbursement. Most people simply do not know about this. The definition of Florida’s PIP requirements are buried deep in Florida’s Insurance Statute ยง627.736. Most are unaware that PIP pays sixty percent of any loss of gross income and loss of earning capacity. PIP’s lost wage benefits pay those who cannot work after a car, truck or motorcycle accident. The statute defines lost wage benefits as “disability benefits” and insurance companies are required to make payments every two week up to $10,000 or the remaining balance of PIP. 3. Death Benefits for the Family. Florida’s PIP law also requires the insurance...
by Spencer Aronfeld | Feb 16, 2012 | Car Accidents, Motorcycle Injuries, Personal Injury News and Safety Resources, Truck Accidents
Dear Florida Personal Injury Lawyer Spencer Aronfeld: Do I need a lawyer or an attorney to handle my Florida hit and run car crash? What is the difference between a Florida car accident lawyer and an attorney? I was involved in a crash in Fort Myers on Thursday. A small pickup truck cut me off and forced me into a parked car. I did not feel pain immediately and refused an offer by the police to have an ambulance transport me to the local Emergency Room. The next day, I woke up and could not move. I felt like I had been in a fight and lost. My wife gave me some Advil and called my Primary Care Physician. He does not have an appointment available till Monday. What should I do? Thanks, Injured in Ft. Meyers Dear Injured in Ft. Meyers: Thank you for reaching out to me. I am sorry you were involved in this wreck. The most important thing I can advise is for you to seek immediate medical care. Assuming you have the mandatory minimum coverage (Personal Injury Protection or PIP) and/or health insurance you can, and should, go to the Emergency Room. Tell the doctors there how the accident happened and let them order the appropriate diagnostic tests. The advantage this has for you is considerable for several reasons. First, they will have the ability to get X-rays, CT Scans, MRIs and/or blood work right on the spot. If the ER doctors feel you need a consult with an orthopedic surgeon or neurologist they can request that the “on call” specialist see...
by Spencer Aronfeld | Dec 29, 2011 | Truck Accidents
As a South Miami lawyer who handles fatal car crashes, the year’s end is time for me to reflect on the number of traffic fatalities in Florida and the United States. In 2010 the U.S. Department of Transportation reported that there were nearly 33,000 deaths. Most states have recently passed laws prohibiting the use of handheld cellphones while driving. Nevada has taken a unique approach by making it legal to text as long as the driver is in a self-driving car. Clearly, Nevada is at the cutting edge with this legislation. I have been a lawyer suing drunk drivers in Florida for over twenty years and I think we should adopt the same law. ARVE Error: id and provider shortcodes attributes are mandatory for old shortcodes. It is recommended to switch to new shortcodes that need only urlbr /> Google and its team of geniuses are working at bringing their vast resources to create technology that will provide cars with the minute details of roads and traffic that will anticipate stop lights, road blocks and intersections before the human eye or brain is able to react. Google’s new technology utilizes specialized laser beams, radar and cameras. Google proposes to make the ultimate accident avoidance a computer rather than the distracted human brain. According to a recent New York Times article, the Google self-driven cars have already traveled over 200,000 miles, criss-crossing Nevada and California’s highways and cities. In fact, a Google car has driven the world’s most “crooked street,” San Francisco’s famous Lombard Street, without an incident. Google’s lead engineer, Sebastian Thurn, foresees a world where cars will be...
by Spencer Aronfeld | Mar 31, 2011 | Bicycling Injuries, Brain Injuries, Car Accidents, Child Injuries, Cruise Ship Accidents, Defective Drugs, Defective Products, Environmental Claims and Toxic Torts, Medical Malpractice, Motorcycle Injuries, Negligent Security, Nursing Home Abuse, Personal Injury News and Safety Resources, Plastic Surgery Malpractice, Sexual Assaults, Slip and Fall/Premises Liability, Truck Accidents, Wrongful Death
On April 6, 2011 Miami personal injury lawyer Spencer Aronfeld will be speaking at the University of Miami School of Law.. The topic will be: how to make your own law firm upon graduation from law school and lunch will be served. The event is open to the public as well as students from both undergraduate and law school. He will be reading portions of the book and signing copies from noon to 1:30 pm. Attorney Bruce Shemrock the book’s editor will also be in attendance. Aronfeld, a 1991 cum laude graduate wrote “Make It Your Own Law Firm” a how-to-guide for law students and graduates starting their own practices. Aronfeld has been teaching law students around the country for nearly twenty years regarding flying solo so that no lawyer will have ever take a job for the wrong reasons or find no job at all. Spencer Aronfeld started his own law firm in 1991 upon graduation from University of Miami and has a nationally recognized Florida plaintiff’s personal injury and medical negligence practice in Coral Gables,...
