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Miami Accident Lawyer Blog

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You Can Sue Phantoms, and If You Don’t, You Could Have Problems

When someone is injured, we normally think of suing a person or a company whose negligence was responsible for our injuries. But if you learned that ghosts—or, more legally proper, “phantoms”—could be responsible for injuries, you’d probably think we were joking. But phantom defendants are far from funny. In fact,…

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Getting Attorneys’ Fees in Injury Cases: A Double Edged Sword

We often think that in lawsuits of any kind, including injury cases, that attorneys’ fees are automatically awarded to the prevailing party. But in our system, attorneys’ fees are only awarded where there is a contract or statute providing for them. In ordinary negligence cases, there is no provision for…

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Malpractice or Products Liability? The Distinction Can Be Important

We’ve written in the past about the importance of understanding what kind of cases are medical malpractice, and what kind are general negligence or products liability. A recent case has again discussed the difference, this time in a products liability context. Why The Difference Matters The difference is important because…

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If You Win In Court, Can You Collect Your Judgment?

If you are injured because of the negligence of another, you may begin to analyze your case with the more obvious aspects of an injury lawsuit. Was someone negligent? How? Were you injured? How badly? But often overlooked is the issue of collectability. Collectability is your ability to collect a…

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What Can be Done About Lost or Destroyed Evidence?

In many personal injury cases, a negligent defendant will be in possession of crucial evidence, often for a long period of time before it has to be turned over. This may include a product that allegedly malfunctioned, witness reports, or photos of an accident scene. You may wonder what is…

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Are Police Officer Testimony and Accident Reports Admissible in Trial?

If you are involved in a car accident, piecing what happened together can be difficult where there are disputed versions of how the accident occurred. Common sense may tell you that one crucial piece of evidence or testimony comes from the actual police officer that investigated the accident, especially if…

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New Case Broadens Corporate Representatives an Injured Party Can Depose

In any injury lawsuit involving a corporation, taking depositions of officers of the negligent party is an essential part of winning a case. As you may imagine, most defendants are not crazy about having their employees and officers sit for deposition. But a new case makes the process much easier,…

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Upcoming Workers’ Compensation Decision Could Have Effects on Access to Courts for all Injured Victims

If you have been injured as a result of someone else’s negligence, it’s likely that you can find an attorney to take your case, regardless of your financial situation. That’s because unlike many areas, in personal injury, attorneys are often paid on contingency. That means that you don’t pay them…

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Bad Faith Insurance Settlement Language Shouldn’t be Ignored

If you are in an accident, and sue for your injuries, your case may not get to trial. In fact, few do. Many settle out of court, and when they do, there are settlement agreements to consider. In many cases, a settlement agreement may be exchanged early in the lawsuit…

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