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Miami Car Accident Lawyers Madalon Law

Miami roads are dangerous.

Many car accident victims make the mistake of not speaking to an attorney, and as a result they receive a far smaller settlement than their case is truly worth. The Miami Car Accident Attorneys of Madalon Law will explain and defend your rights in your personal injury case. We offer a free initial consultation, and take cases on a contingency-fee basis, meaning we don’t get paid until you receive your settlement.

Accidents in Miami

With all of the tourists and busy commuting locals in Miami and surrounding areas, accidents involving motor vehicles have become all too common. The Florida Department of Highway Safety and Motor Vehicles annual report on Florida Traffic Crash Statistics showed an average of 646 car crashes each day in the state – equal to 27 Florida motor vehicle accidents every hour of every day. Even worse, well over half of the car crashes in the state resulted in personal injury or fatality to those involved.

Miami car accidents may occur as the result of many circumstances, but in most instances they are the unacceptable result of poor decision making on the part of one or more drivers. Drunk drivers, or those under the influence of drugs, are most often the cause of car crashes resulting in personal injury or fatality. Other accidents are caused by reckless or negligent driving, including:

  • Failure to yield the right-of-way
  • Failure to stay in the proper lane
  • Falling asleep behind the wheel
  • Texting or other electronic use while driving
  • Speeding
  • Tailgating
  • Road Rage

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Joseph Madalon, of Madalon Law, has been selected to the 2016 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel.  Joseph was also selected to be in the Top One Percent in 2015.  The NADC is an organization that is dedicated to endorsing the highest standard of legal excellence.  The mission of the NADC is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

The Selection Process of the Top One Percent

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as displaying virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the Nation are awarded membership in the NADC. This elite class of advocates consists of the finest leaders of the legal profession in the United States.

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Madalon Law Nightclub Bar Fight Attorneys

South Florida is known for its nightlife.  From South Beach, Coconut Grove and Downtown Miami, to Las Olas, City Place and Clematis; there always seems to be something to do.  In many Florida nightclubs and bars – especially those catering to the wilder crowd in hopes of becoming a “nightlife hot spot” – a fun night of drinking and dancing can become a violent, drunken brawl in the blink of an eye.  The combination of copious amounts of alcohol and large crowds of people seeking excitement is a recipe for flaring tempers and violent assaults. This is especially dangerous in clubs that are dark and crowded, where patrons who are not even aware of an altercation can be seriously injured because they get in the way or are thought to be involved in the fight.

South Florida nightlife hot-spots have the unfortunate reputation of having some of the highest incidences of violence in the state. Victims of this violence, whether as participants or as innocent bystanders, may suffer grievous injuries or even permanent disability or fatality. If you have been injured in a Florida nightclub or bar by assault by another patron, objects thrown during a fight, or perhaps an overzealous bouncer in the midst of a brawl, you may incur many losses such as large medical bills, lost wages, or even lost earning potential in the case of permanent disability. What can you do to recoup some of those losses?

Who is Liable?

Although individuals involved in the altercation – bouncers or other patrons – may be held responsible for injuries they caused, suing them may not help you recover much in the way of compensation.  College students, bar-hoppers, and bouncers may not have the kind of income or insurance to cover those kinds of expenses, so most victims of nightclub-related violence go after the bars’ owners instead. Bars and nightclubs are required to have insurance, and are much more likely to have the kind of money needed to compensate victims for their losses.

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Horses are large and often unpredictable animals, and equestrian activities involve inherent risks. There may be variable ground surface and subsurface conditions; collisions with other horses or stationary objects; negligent behaviors or loss of control due to a novice rider’s lack of experience; and the potential for horses to react in a dangerous manner to unexpected things such as loud sounds, sudden movement, or unfamiliar animals. Due to these inherent risks – and the fact that many equine activity groups and businesses cater to all levels of experience including beginners – it is not surprising that there are many horse riding accidents resulting in personal injury cases in Florida each year.

You may have noticed posted warnings at stables or along public riding trails cautioning riders that equestrian sport is dangerous, and that participation is at the riders’ own risk. This is because Florida – along with 45 other states – has what is called an “equine-activity liability act.” This statute is designed to limit the scope of liability associated with equestrian activities, and define who is liable. The act states that equine professionals and horse-related activity sponsors must clearly post caution signs on properties where equestrian activity is to occur, as well as provide specific cautionary language in all of their contracts with members of the public interacting with the horses.

If you or a family member were injured in an equestrian accident, and you believe you have a personal injury claim, the first thing you need to do is collect evidence of the signage (or lack of warning signs) on the property – and carefully read any contract or waiver you signed before participating in the activity. If an equine activity sponsor provides all of the correct signage and specific language required by law, the equine activity liability statute protects them from many (but not all) personal injury claims stemming from a riding accident. Those who fail to comply with these requirements lose the benefit of the protection the statute provides.
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Florida is by far one of the most popular vacation and tourism destinations. However, when a person goes on vacation, the last thing he or she expects is to suffer a terrible injury while staying in a hotel or resort. Under Florida statutory law, a hotel may be liable for any injuries that a hotel guest received as a result of a slip and fall on the hotel premises, if the injured guest can prove that the dangerous condition existed for a period of time enough for the hotel to know about it. In addition to the statutory law, Florida common law comes from judicial decisions in the cases where hotels were sued as a result of slip and falls.

According to Florida common law, the individual or entity who owns or operates a hotel has a duty to protect its guests. It means that, by law, the owners or operators of the hotels must continuously keep their premises, buildings, appliances, and anything else, related to daily operations of the hotel, in a safe condition in order to avoid injuries to their guest who pay to stay on the premises and assume that areas that the guests usually use, such as rooms, pools, lobbies, spa, restaurants, etc., are safe to use. A few examples of dangerous conditions on the premises are obstructed steps and passageways; defective furniture; bath tubs, showers, and stairs without non-slip protection; pool areas; liquid substances spilled on the premises; and other defective conditions.
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Generally speaking most of us have used a patch in one form or another, maybe a nicotine patch to aid in a smoking cessation program, maybe a birth control patch to aid in contraception, or maybe more commonly an over the counter Icy-Hot patch for the temporary relief of an ache or muscular pain. All of them, for the most part, are used without any issues, so when a physician prescribes a patient a painkiller patch it may not quite register that the relief we are seeking can lead to addiction or even death.

When applying these painkillers patches the process itself is very much the same as other patches not in the same class as these are, one applies the patch to ones skin and the result should be temporary pain relief that could last usually 12 or 24 hours depending on the prescription and potency of such prescription.

The effects in some patients are dizziness, sleepiness, drowsiness, nausea, constipation, just to name a few. Other than the potential side effects the application in of itself is very much the same as any other over the counter patch with a substantial difference being death. When one applies these painkiller patches the last thing on a patients mind is the fact that it may be their last application because death could be the result of such an innocent act as just applying a patch.
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The most common type of two-vehicle accident in Fort Lauderdale is the “rear-ender” – when a car is bumped or rammed from behind by a following vehicle. Today, the number of rear end car accidents is increasing, due to the many new driver distractions such as texts, cell phone calls, iPods, and in-dash navigation systems. Rear-end road rage incidents are also on the increase, with drivers in a hurry purposely tailgating and even tapping the bumper of a car they feel is moving too slowly. In most rear-ender incidents, it is assumed that the driver of the rear-ending car is at fault, and will be liable for any damages incurred in the collision – but there are some important exceptions to this rule.

No-Fault Insurance

In Florida, the most significant factor in getting compensation for damages caused in a rear end car accident is the state’s designation as a “no-fault state.” This means that in Florida, drivers must carry their own auto insurance, and will then collect compensation for their own damages and injuries from that insurance instead of suing the other driver for damages.
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Vehicle crashes are the primary cause of debilitating injuries in Florida, and the number one killer of Americans under the age of 34. Getting unsafe vehicles off the road is vital to improving traffic safety and saving lives. In an effort to do this, the National Highway Traffic Safety Administration issues national vehicle safety standards, and manufacturers who fail to meet these standards are required to recall vehicles with proven safety-related defects. Since these laws have gone into effect, over 390 million vehicles have been recalled in the U.S. alone to correct safety defects.

Federal Motor Vehicle Safety Standards exist for vehicle parts that affect safe operation – such as tires, signal lights and headlights, and brakes – or those that protect drivers and passengers from injury, such as seatbelts, airbags, and energy-absorbing steering columns. When a vehicle is recalled due to a defect in any of these parts, the manufacturer is required to remedy the problem at no charge to the vehicle owner.
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One of the most common medical issues arising from automobile accidents – including rear end collisions or “fender-benders” – is referred to as “whiplash.” This is the layman’s term for the injuries that can be caused by a sudden, violent extension and retraction (flexion) of the neck. A number of different medical terms may be used to describe the physical presentation of whiplash, including “hyperextension / hyperflexion injury”, “myofascial injury”, “neck sprain or strain”, and “cervical strain or sprain”. These soft-tissue injuries may cause serious physical problems, and can impair your ability to perform work duties or daily activities.

Symptoms of Whiplash

If you have been involved in a rear-end collision or some other incident that could cause whiplash, you should be on the lookout for any signs of a neck injury. Some symptoms that may develop include:
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Natives and visitors alike enjoy the beaches and nightlife in Florida, often including the “night club experience” in bars and nightclubs throughout Broward, Miami and Palm Beach. Usually, this means a fun night of hanging out with friends, drinking, meeting fun people, and dancing. Unfortunately, there can be a dark side to these clubs as well, as evidenced by the growing number of dangerous night club incidents such as drunken brawls, stabbings, and even shootings.

Our Fort Lauderdale accident attorneys know such incidents have led to increased security measures at many bars and clubs, and have brought night club safety and security into the legal spotlight. The owners of Florida clubs and bars have the duty to keep their patrons safe, and when injuries happen, those owners may be held liable for compensating victims under the law of premises liability. In one recent Florida court case regarding inadequate security, a night club patron who was severely beaten won an award of over one million dollars from the club owners. The plaintiff’s argument was that the security provided at the nightclub was inadequate, and that the club owner’s negligence contributed to the assault and battery that he suffered there.

Inadequate Security Laws in Florida

The state of Florida has premises liability laws regarding “inadequate security,” to protect patrons and visitors at businesses and public places from criminal or violent activity. Although these laws do not require that the owner of a nightclub or bar protect its patrons against any conceivable harm from third parties, they are legally required to take measures to protect patrons from reasonably foreseeable harm.
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