Jeff Davis Law

About Jeff Davis Law

This author has yet to write their bio.
Meanwhile lets just say that we are proud Jeff Davis Law contributed a whooping 51 entries.

Entries by Jeff Davis Law

Miami Shooting Leaves One Dead

April 15, 2014 /0 Comments/in /by

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.

Florida Supreme Court Rules: Car Owners are Liable

April 11, 2014 /0 Comments/in /by

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.

Personal Injury Attorneys Find GM Flaw

April 11, 2014 /0 Comments/in , , /by

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.

The Civil Justice System Works

April 11, 2014 /0 Comments/in , /by

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.

Florida Court Protects Facebook Posts

February 6, 2014 /0 Comments/in , /by

Great new for all Social Media (Facebook, Twitter, Linkedin, Instagram, etc.) – Florida Court protects posts ruling them irrelevant. Throughout the past few years, Courts throughout the United States have ruled that social media posts are fair game and “discoverable” during litigation. On February 5, 2014 the 2nd DCA held in Root v. Balfour Beatty Construction, LLC that although social media posts are discoverable, the party requesting the information still has to prove that the information requested is relevant and not just simply a “fishing expedition.”

Now, it is clear that the Court is stating that a party that is requesting these Social posts has to prove that the information that they are requesting needs to be relevant to the case.  Do not mistake this ruling for any blanket protection of social media posts if you are a party in a lawsuit. In personal injury cases, arguing that social media posts are relevant and reasonably calculated to lead the discovery of admissible evidence can be rather easy with good lawyering.

All Social Media users should always beware ( yes we know you have heard this warning before)… be careful what you post.  It may pop up later.  Although, many people know that it may hurt your prospects of getting a job or getting into the right college, if you are involved in a lawsuit, it can damage your case …  A picture is worth a thousand words.

Women Deserve Equal Pay, even in The White House – Florida

February 3, 2014 /0 Comments/in /by

President Obama reiterated in last weeks State of the Union Address  that women deserve equal pay for equal work. He gave mention to some statistical figures that do sound quit shocking, stating “women make up about half of the workforce, but still make 77 cents for every dollar a man earns.” At the sound of these stats, it seems shocking, but if you dig further, the margin is actually quite smaller. This statistic is generated from a broad brush that compares overall male and female pay.

The 77-cent figure – which Obama used on the campaign trail in 2012 – stems from a 2011 report by the U.S. Census Bureau that found that in 2010, females overall made 77 percent of what males made. That means all workers regardless of what jobs they hold – not one worker in one particular job compared with another worker in the same job.

Anne York, who studies gender equality in the workplace as an associate professor at Meredith College School of Business in Raleigh, N.C., said the 77 cent pay disparity figure masks a variety of factors as to why women – on average – don’t make as much as men. “We have no definitive answers, but a lot of reasons,” York said. Whether by tradition or personal choice, women often seek lower-paying occupations than men – say, home health aide vs. neurosurgeon – and often trade earnings for flexibility at work, York said. 

Jeffrey R. Davis, P.A. Educates the Legal Community on Personal Injury Damages

December 27, 2013 in , , , /by

Understanding what damages you can receive from a personal injury case is very important. That is why on December 13, 2013, Jeffrey R. Davis, P.A. took part in a Damages in Personal Injury seminar at the Hyatt Regency Miami. Jeffrey R. Davis was one of many speakers and the seminar. The seminar focused on educating others in the legal community and the public on how to negotiate and quantify potential damages in a personal injury case. The seminar provided a comprehensive view and explanation of damages in personal injury which benefited other attorneys, corporate counsel’s, claims representatives, and paralegals. It is important to understand one’s personal injury case in order to effectively quantify and negotiate damages, and learn to analyze and quantify the effect of an injury on the plaintiff’s current and future life to maximize or contest the recovery.

Mr. Davis focused on the plaintiff’s tactics in negotiating and litigating the damages in a personal injury case. Such tactics are:

Deep Vein Thrombosis Following Orthopedic Surgery

September 5, 2013 /0 Comments/in , /by

Deep Vein Thrombosis (DVT) is the formation of a blood clot in a deep vein, usually in the legs. These clots, also known as a thrombus, can detach and travel to the lungs, causing severe injury or death (pulmonary embolism).

Virchow’s Triad
Briefly, it is important to understand the process by which clots can form. In the 1850’s, a German doctor, Rudolph Virchow, studied the factors leading to blood clots and developed a triad of factors. “Virchow’s Triad” consists of the 3 likely factors that lead to the development of a deep vein thrombosis. They are:

Local trauma to the vessel wall
Hypercoagulability
Stasis

Wooden Deck at Shuckers Waterfront Grill Collapses, Plunging Heat Fans and Patrons into Biscayne Bay

June 14, 2013 /0 Comments/in , , /by

At least two-dozen people were injured when a wooden deck collapsed into Biscayne Bay at Shuckers Waterfront Grill last night in North Bay Village, FL. Apparently, as the overflow crowd cheered their local Miami Heat team during the NBA Finals, the wooden patio deck abruptly collapsed, pitching as many as 100 patrons into Biscayne Bay and injuring dozens. As a result of the collapse, the lighting at the rear of the waterfront restaurant failed, resulting in darkness and chaos. The patrons that were suddenly plunged into the water struggled to safety amid the ruins of the wooden deck, tables, chairs, umbrellas, and other debris. Shortly after the incident it began to rain, creating even more difficult conditions for first responders and rescuers.

Premises Liability – The Landowner and Business Operator’s Duty to Patrons

A landowner or business operator owes a duty of care to its invitees to maintain their premises in a reasonably safe condition. It is essential that property owners, especially commercial operators, maintain strict adherence to state and local building codes, fire safety codes, including occupancy limitations, and perform routine and regular maintenance and inspection of the property to insure it is safe and free from defects and hazards.

Understanding Defined Contribution and Defined Benefit Pension Systems – Which One is Right for You?

May 31, 2013 /0 Comments/in /by

You may have heard about it on the news or had your employer speak to you about it when starting your job. Everyone who is covered under a pension system and, to some extent, even those who are not should have a solid understanding of the mechanics of a pension fund. Pension funds make for great investment vehicles and can help you protect your retirement investment. Knowing what they are, how they’re used, and what to avoid should help build confidence in your retirement wealth.

What is a Pension Fund?

A pension fund is a fund that is established and utilized by an employer (or a government in the case of state employees) to facilitate and organize the investment of employees’ retirement funds. A Pension fund is a collection of assets and securities such as stocks, bonds, real estate, options contracts, money market funds, etc. which earn a specific rate of return. These assets are typically “safe,” in the sense that pension managers invest in securities that have low risk and reduce risk further by investing in a wide variety of investments. The total, aggregate return of the pension fund pays for retired employee benefits.

I'm looking forward to presenting at National Business Institute’s upcoming course, “Personal Injury: 50 Mistakes Insurance Companies Want You to Make” on Wednesday, April 12, 2023.

Register Now
X