April 2014 - Jeffrey R. Davis Law

Miami Shooting Leaves One Dead

April 15, 2014/0 Comments/in Amusement Park Injury /by Jeff Davis Law

One dead and two wounded after a shooting in front of a Miami market. At approximately 7:15 p.m. at the Kings Brothers Market on 1304 NW 62 Street, Miami, Florida a young man with two handguns walked up to a group of people and started to shoot. The market is located near the Liberty Square Housing Project commonly referred to as the Pork & Beans by residents. The store does have surveillance video which is currently being reviewed by the Police Department in order to identify and arrest the assailant.

If you are involved in a shooting incident (negligent security), do not trust your case to an inexperience personal injury attorney. Your choice in a Miami personal injury lawyer can make a big difference in the amount of compensation you receive for your injuries, how your case is managed, and how your case is finally resolved. It is important that you obtain an experienced personal injury attorney who understands Florida law, understands the insurance companies and their strategies, and who has resources to fight for your rights successfully.

When choosing an attorney to represent your interests, you must search for an attorney that is the “right fit” for you and your case. Many personal injury cases takes months to several years to resolve. You will be working with your attorney, so it is important that you trust your lawyer and get along with your lawyer. Just alone in Florida, the Florida Bar reports that there are approximately 93,895 barred attorneys as of January 2013. There are many of attorneys to choose from – Do not sell yourself short.

If you are involved in a shooting incident (negligent security) that It is important that you remember the following things:

try to check and identify what your injuries are;
call the police and file a police report;
make sure that you see a doctor or seek medical attention even if you have just a few symptoms or complaints;
take pictures of your your injuries, any other person’s injuries, and the scene of the accident (including any surveillance cameras);
gather any documents proving your inability to work, medical expenses, etc.

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases such as workplace violence, wrongful death, car accidents, slip and falls, and negligent security. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777.

Florida Supreme Court Rules: Car Owners are Liable

April 11, 2014/0 Comments/in Amusement Park Injury /by Jeff Davis Law

On April 10, 2014 the Florida Supreme Court ruled in Christensen v. Bowen that an individual who has his/her name on the title of a vehicle as co-owner is vicariously liable under the dangerous instrumentality doctrine even though he/she never intended to be the car owner and claimed to giving up control of the car to another co-owner. Simply, if your name is on the title and even though you :1) do not have access to the car where it is parked; 2) you do not have keys to the car; 3) you simply intended the car as a gift; and 4) you did not drive the car, you will be found (liable) for any negligence committed by the driver of said car. In the Christensen case, Mr. Christensen the Defendant and Petitioner (the co-owner named on the title) was in divorce proceedings at the time of the accident. Note to the wise: Make sure if you are getting divorced that you transfer the interest to the person that will be driving the car. If you keep the interest in the car, i.e., your name on the title, you could be held liable for any car accidents that the driver causes.

If you or a loved one is injured or is a victim of a car accident, it is important to seek legal counsel as soon as possible. A personal injury attorney will be able to document and preserve evidence that will support your potential claim. A car accident lawyer will also be able to request documents such as a your medical records, police records, and court records which will all potential help your future case. Jeffrey R. Davis, P.A., has a vast experience representing injured victims in personal injury and car accident matters. Jeffrey Davis has represented hundred of individuals as a result of the careless driving of others. Jeffrey Davis, car accident attorney, may be able to help you obtain the justice you deserve.

It is important that if you or a loved one is injured in a car accident, you obtain as much information that you can regarding the other driver/party (insurance information, tag, name, address, etc.). You should also make sure that you tell police a simple and concise explanation of how the accident happened. Make sure that you do not accept money or sign any type of release at the scene of the accident. Also, do not get into a fight or an argument with the other driver. Make sure that you do not speak to anyone at the scene other than the police. Many times, an insurance company will send out an immediate response team. They are not on your side. In addition, your insurance may come out to the scene to prove that the accident was your fault or that you were not injured. Olga Porven, Esq., an attorney with Jeffrey R. Davis, P.A., is a former insurance defense attorney. She is well aware of what the insurance companies are capable of and has the experience in dealing with insurance companies to help you obtain potential compensation in your case.

Contact Jeffrey R. Davis, P.A. for a free consultation. One of our attorneys will gladly speak to you regarding your personal injury matter.

Personal Injury Attorneys Find GM Flaw

April 11, 2014/0 Comments/in Automobile & Motorcycle Accidents, General Negligence, Legal Education /by Jeff Davis Law

On April 5, 2014 Michael Smerconish of CNN, during his television show Smerconish, clearly explained the importance and validity of the civil justice system during the segment “one last thing.” As many of us have been following, GM is currently in the hot seat with Congress for failing to warn its customers, for over ten (10) years about faulty ignition switches which disabled airbags in Chevrolet Cobalt and Saturn Ion vehicles. It has been discovered that the repair would have only cost GM approximately $.90 per vehicle to remedy the product defect.

Interestingly enough, personal injury attorneys started the investigation that led to the discovery of the faulty ignition switch. Smerconish interviewed the Meltons who lost their daughter, Brook, a 29 year old nurse, in 2010 when her Chevrolet Cobalt shut off while she was driving due to this ignition flaw and she lost power steering, lost control of her car, hit another car and ended up in a creek. As a result of the car accident, Brook’s parents pursued a wrongful death action against GM. Accordingly, their attorneys investigated and hired experts who found that the ignition was faulty – the key switched over from the on position to the accessory position just before the car accident – essentially turning the car off.

Because the Meltons filed their suit, looking for the truth and seeking justice for their daughter, many more lives were saved. Because of their suit GM is now being held accountable by Congress.

This is a great example of how the Civil Justice System continues to work. It remains a check on businesses and the free enterprise system to continue to produce products that are safe for consumers. Obviously, in this case, the Civil Justice System was more effective that NHTSA (the government agency that regulates car manufacturers) which failed to do much about GM cars’ failures and flaws.

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. We have the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777. We will be more than happy to discuss with you the merits of your potential claim.

The Civil Justice System Works

April 11, 2014/0 Comments/in General Negligence, Legal Education /by Jeff Davis Law

Unlike the opinions of Lisa A. Rickard, president, U.S. Chamber of Commerce Institute for Legal Reform, Washington, D.C. and Mark Wilson, president and CEO, Florida Chamber of Commerce, Florida in their Miami Herald opinion letter, the attorneys at Jeffrey R. Davis, P.A. believe that our civil justice system works. In fact the response to this article from Armando F. Paz, Jr. hit the nail on the head. The current civil justice system has many mechanisms in place, not only to stop frivolous lawsuits from going forward, but also to stop frivolous defenses raised by defendants in an effort to avoid responsibility for their wrongs.

Such current mechanisms in place include: 1) dismissing a case; 2) sanctioning the plaintiff and the plaintiff’s attorney for bringing a meritless claim; and 3) reporting misconduct of an attorney to the Florida Bar. Remember like any other field, i.e. medicine, there are regulations in place to ensure that “improper, meritless or frivolous” issues are dealt with accordingly.

In addition, the Chamber of Commerce opinion does not address the months to years of efforts of Plaintiffs trying to resolve claims in the pre-suit stage. It is only after the insurance and/or defendant refuses to resolve these issues, that a Plaintiff will file a lawsuit in Court. The lawsuit is the last remedy – when all other attempts to resolve the claims without litigation fails. The vast majority of cases that are alluded to in the editorials involve contingency fee arrangements between the plaintiff and the attorney. This means the attorney only gets paid if a recovery is achieved. It also means that the lawyer will usually fund the litigation expenses through out the pendency of the case. It is highly unlikely that a competent attorney would knowingly take a frivolous or unreasonable case, agree to bankroll the same and understand they will not be paid a fee unless they win. The expression “throwing good money after bad” comes to mind. Like anything, there are exceptions and cases that should not be filed.

Our civil justice system has evolved over hundreds of years. It may not be perfect, but it is central to the three branches of government that exist in our country. It is the only mechanism that allows a citizen to seek redress for perceived harm. It is the vehicle in which to enforce the law, contracts, agreements, and to right wrongs. It is an essential mechanism to the rule of law and a key to the integrity of our nation’s financial system.