Dog Attacks 10 Year Old Boy

On Wednesday, January 09, 2013, a 10 year-old Miami boy was attacked by a dog causing permanent injuries. Dog bite injuries are not uncommon to Miami-Dade County and throughout Florida. The 10 year-old boy is now recovering at Jackson Memorial Hospital from a deep dog bite wound to his right leg. The attack happened in the area around NW 10 Avenue and NW 108 Street. Fortunately, Police arrived at the scene of the dog attack. The dog then attempted to attack the police and officers opened fire on the dog killing it.

The dog who attacked the boy was not without an owner. Chris Fuentes, the dog’s owner, told the press that at the time of the attack the dog was not on a leash.  However, he claims that his property was secure and the dog was kept within the property behind a chained fence.  He was unsure of how the dog got off his property. Mr. Fuentes also alleged that his dog had never been aggressive with another individual.

Unfortunately, a small child was permanently injured and possibly scarred for life as a result of this dog attack. His family may have a cause of action against Mr. Fuentes the dog owner. In addition, if the property where the dog was residing was owned by another individual, the victim maybe able to bring a lawsuit against the land owner. The family should retain a local personal injury attorney in order to determine if their is a case.

Florida has clear laws regarding dog bites and the liability of dog owners/property owners. Florida is not a one free bite state, meaning that although a dog has never exhibited aggressive behavior, owners are still liable for a dog’s first attack. In addition, it is reported that the dog was able to exit off its owner’s property. Therefore, a personal injury attorney would want to investigate who constructed the fence and the maintenance of such fence. In addition, a personal injury attorney would need to investigate whether the dog was provoked by the child, obtain the animal control file on the dog, obtain the 911 tape, and obtain the police report. Finally, since the owner has been so forthcoming, it would also be important to preserve all of Mr.Fuente’s statements.

Unfortunately, even if there is no question regarding the liability of the dog owner/property owner, the victim may not be able to recover due to a frequent insurance clause exemption regarding dog bites placed in insurance policies.  

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases such as dog bite 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. 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 305-704-7415.

Beware of Facebook, Twitter and Other Social Media

When bringing a personal injury claim, it is important to consider that many private aspects of your life will not remain private. Many insurance defense firms, private investigators, and defendants search and comb through social networking sites such as Facebook, Twitter, and LinkedIn. During the discovery phase of any litigation, most courts will allow the Defense to go through your Instagram, Facebook, and other social network accounts. Just one photograph or video may be taken out of context and destroy or lower the amount of monies awarded.

Recently, a woman who brought a personal injury case in Gwinnett County, Georgia tweeted about her travels and partying during the course of her case. As a result the jury lowered their damages award. The woman, a victim of a car accident, claimed that the injuries she sustained to her arm as a result of the car accident and she was unable to perform her job duties as a hairstylist. However, the Defense attorney provided tweets and pictures of the Plaintiff having fun in New Orleans with her friends and enjoying spring break on the beach. The Plaintiff asked for $1.1 million for her injuries and received $142,000.

What is the insurance and defense attorney looking for in Social Networks?:

  • Pictures of you having fun, showing that you have not been injured, and that you have returned to your normal routine;
  • Videos of you performing acts that you now claim you have difficulty with or cannot do;
  • Statements regarding the incident or accident;
  • Potential friends to interview and depose;
  • To catch you in a lie to damage

If you are involved in any type of legal matter, including a personal injury case here are a list of tips when using social networks:

  • If you can live without Facebook, Instagram, Twitter, LinkedIn, etc. CLOSE DOWN YOUR ACCOUNT. This will be the safest way that you will ensure that you will not damage your case;
  • Set your settings as private as possible;
  • Ask your friends and family to not tag you in any posts or photographs;
  • Do not discuss any aspects of your case on these social networking site;
  • Do not “check-in” anywhere.

In fact, many insurers are not trying to challenge liability as must as causation and whether the victim has a permanent injury.

The Miami based attorneys at Jeffrey R. Davis, P.A. are experienced personal injury attorneys who understand the techniques used by defense attorneys and insurances. The use of social media is just one of the ways that the other side will try to lower the damages awarded to a victim of another’s negligence. If you or a loved have been injured because of the negligence of another, contact us for a free consultation to discuss your potential case.

What to Look for in a Personal Injury Attorney – Miami

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.

What Do I Look for In a Personal Injury Lawyer?

Not every attorney is a personal injury lawyer. It is important that you ask the attorney that you are about to hire what type of law they specialize in.  I always like to compare it to medicine: You wouldn’t want a cardiologist checking out a problem with your bones. Similarly, you wouldn’t want a family lawyer handling your personal injury case.

These are the factors you should consider when picking your lawyer:

  • How many years has the lawyer been practicing?
  • Has the attorney ever been disciplined by the Floria Bar?
  • Does the attorney have a list of past results?
  • Does the attorney have a list of the past type of cases that he or she has handled successfully?
  • Will the lawyer take your case to trial?
  • What is your lawyer’s policy on communicating and speaking to clients?

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 305-704-7415.

What is My Legal Case Worth? – Florida

Potential clients commonly ask the attorneys of Jeffrey R. Davis, P.A., Jeffrey Davis and Olga Porven, during their free consulation, “What is my case worth?” Many clients create their own case value expectations merely on a result obtained by their friend or family member with a case that they consider similar to theirs. Unfortunately, there is no secrete formula which allows any lawyer to determine the value of your case. There are too many factors to entertain when attempting to place a value on a case for personal injury, especially after the initial consultation. There are many questions that must be answered during the course of the case, questions that usually do not have clear answers.

For example a personal injury lawyer will need to determine:

  1. fault;
  2. the medical attention sought and compliance with medical attention;
  3. the severity of the injuries;
  4. the permanency of the injuries;
  5. the future medical treatment in the future;
  6. the future ability to work;
  7. how much were the medical bills;
  8. did this affect any members of your family;

When discussing your personal injury matter, wrongful death case, or any other case with an attorney, you should be cautious of any lawyer who promises you a certain value for your case. The value of your case has to be evaluated after looking at medical records and having a face to face meeting. Many times it is several months after the accident and treatment that a lawyer may be able to begin evaluating the value of a case. Beware many times insurance companies will approach you early in the case with settlement offers. Before accepting a settlement offer and signing a release, you should consult with a lawyer in order to determine whether the settlement is a fair offer for your injuries. Insurance companies have been known to send field representatives to accident scenes in order to release any potential claims against their insureds.

Jeffrey R. Davis, P.A. evaluates every case individually. Because each case has different injuries, different damages, different circumstances, and different people, each case is given the attention that it deserves.  If you would like to meet with an a personal injury attorney and receive a free consultation regarding your Florida personal injury case, contact us at Jeffrey R. Davis, P.A., North Miami based attorneys, Jeff Davis and Olga Porven will work hard to try and obtain a fair value for your case.