The first thing to do after a car accident if you’re not at fault is to seek medical care. Doing this immediately is crucial, to ensure that medical professionals can treat you, evaluate your injuries and document them.

After you have received emergency medical care, it is very important that you contact a personal injury lawyer, who can then get those records along with the scene photos that you’ve taken, and present those to the insurance company in a matter that will get you the most compensation for your injuries.

If you’ve been injured in an accident, please contact Payer & Associates by going to our website: www.pimiami.com.

A wrongful death lawsuit has been filed on behalf of Meadow Rain, the 16 year-old daughter of actor, Paul Walker, against Porsche Cars North America, seeking compensatory damages. Walker, known for his role as Brian O’Connor in the Fast and Furious movie franchise, was killed while riding in the passenger seat of a Porsche Carrera GT on November 30, 2013.

The suit claims that the Porsche Carrera GT is a race car and does not belong on the street. An attorney for the Plaintiff stated the car lacked adequate safety features found on well-designed race cars, as well as Porsche’s less-expensive road cars. According to CNN, Porsche North America’s response claims the car Walker was riding in “was abused and altered after being placed into the stream of commerce in a manner that was not reasonably foreseeable to (Porsche Cars North America).”

The Los Angeles Sheriff’s Department’s investigation reported excessive speed as the cause of the double fatality, estimating speeds between 80 and 93 miles per hour in a 45 mile per hour zone. The Porsche struck a power pole and several trees before bursting into flames.

Had this accident occurred in Florida Meadow Rain, a minor child would also have a cause of action for the loss of her father under Florida’s Wrongful Death Statute.

Florida’s Wrongful Death Statute found at F.S. §768.16 through §768.26 is controlling in all wrongful death causes in the State of Florida. In Florida a “surviving” minor child does have a right to recover damages for the loss of his or her parent(s).

Continue reading

The value of an automobile accident case will depend upon your injuries. It will also depend upon the amount of property damage that is involved in the case. That is why it is so important for you to seek emergency medical treatment to document your injuries, and to take photographs of the property damage immediately after the accident.

If you’ve been injured in an accident, please contact Payer & Associates by going to our website: www.pimiami.com.

The first thing anyone needs to do after they have an accident is get medical attention. It’s really important. The quicker you go and get medical attention, the more money you will generally get for your case.

Also, it’s important because you don’t know how bad your injuries are. You don’t know if they’re life threatening injuries. Oftentimes people don’t think that an accident is very severe and then three, four days after the accident they finally realize that they are in so much pain they can’t get out of bed.

If you’ve been injured in an accident, please contact Payer & Associates by going to our website: www.pimiami.com.

Actor and comedian, Tracy Morgan, recently settled his personal injury lawsuit against Wal-Mart for an undisclosed and confidential amount.

On June 7, 2014, Morgan was involved in a deadly auto accident on the New Jersey Turnpike. He and five friends were traveling in a limousine while returning home to New Jersey after having performed at the Dover Downs Hotel & Casino in Delaware as part of the “Turn It Funny” comedy tour, when a Wal-Mart 2011 Peterbilt semi-tractor trailer that was being driven by Wal-Mart employee, Kevin Roper.

Wal-Mart is legally responsible for the damages and injuries caused by Roper as the owner of the truck as well as the legal theory known as respondeat superior which is the legal theory where an employer is generally held responsible for the actions of their employees while they are working and within the course and scope of their employment. Continue reading

car-accident-1256127While researching automobile safety I realized there was an abundance of advice for keeping your car safe and functioning. Most of the information seemed obvious: Repair damaged headlights. Replace old car batteries. Check tires for appropriate air pressure. These are certainly important check-list items, especially when embarking on an upcoming summer road trip. There were two important issues, however, I felt were not so obvious but imperative in ensuring driver and passenger safety. They are:

Missing air bags. The National Highway Traffic Safety Administration reported that almost 1 in 5 fatal car accidents involved a vehicle with missing airbags. If you have already purchased your vehicle from a previous owner, check the vehicle’s Carfax report which will indicate if the car has been involved in even a low-impact collision where the air bags may have deployed. Additionally, you may want to have your vehicle inspected by a certified mechanic to determine if there are signs of air bag deployment or even theft. Do this when purchasing a vehicle, as well.

Damaged drive belts. (Also referred to as serpentine belts.) This issue, I learned about first-hand. Driving with my infant son in the back seat, I attempted to take a turn across four lanes of traffic when my car’s power steering suddenly quit. My car was in a stall, and it took all of my strength to turn the wheel and get us safely across several lanes of oncoming traffic. My car was several years old and was purchased from a previous owner. Our auto technician informed us that this malfunction was due to my vehicle’s main belt snapping. To help avoid this from happening to you, ask your mechanic to inspect your vehicle’s belts during scheduled services and/or oil changes.

The economic costs as a result of workplace accidents to injured workers and their loved ones is enormous. The National Safety Council estimates that the cost of fatal and non-fatal work injuries were $198 billion in the year 2012. This figure should be shocking to US taxpayers and injured workers who are the ones that bear the majority of these costs.

Additionally, the costs to injured workers continue for years to come. A recent study found that injured workers who receive workers’ compensation benefits for wage loss caused by workplace injuries lost an average of fifteen percent (15%) of their earnings over the 10 years following their workplace injury. Even if you include the workers’ compensation benefits, injured workers’ incomes are, on average, almost $31,000 less over 10 years than if they had not been injured. This figure does not reflect those injured workers who do not enter the workers’ compensation system due to employer’s fraud or lack of insurance coverage (just to name two).

Adding insult to workplace injury, these costs have a greater impact on lower-wage earners and some large costs are not included considering the impact these injuries have on their loved ones. Injured workers loved ones often reduce their hours or even quit their jobs in order to care for an injured worker causing a dramatic reduction in a family’s income which often lead to financial ruin.

If you or a loved one has been injured in the State of Florida and would like to discuss your rights please call me at (305)854-4442 or Toll Free at (877)854-4442. All consultations are free and 100% confidential.

The report of the Occupational Safety Administration (OSHA) finds that roughly 3 million serious work related accidents and 4,500 deaths happen on the job in the US annually. But while that may seem high to you the report goes on to find what workers’ compensation attorneys like myself encounter frequently; that the majority of worker related accidents are never reported or recorded by employers.

Employers get away with not reporting many accidents in many ways. One way is they threaten to fire the employee if he or she reports the accident or goes to a doctor. Frequently employers force the injured worker to lie and tell the ER doctor or other physician that the accident happened at some place other than work, usually at home. In my nearly 20 years of representing injured workers I come across this tactic numerous times a year. Another way is where the employer misclassifies the employee as an independent contractor even though the worker is legally an employee. This removes the payroll tax burden on the employer and also permits them to avoid providing workers compensation benefits.

While these tactics by employers are common they do not prevent you from bringing forth a workers’ compensation claim. They will make your case more difficult but an experienced workers’ compensation attorney like myself can navigate the issues and get you or your loved ones the benefits you deserve.

If you or a loved one have been injured on the job in Florida and would like to discuss your case please call me James D. Payer at 305.854.4442 or Toll Free at 877.854.4442. All consultations are free and 100% confidential.

A maintenance worker was killed on South Beach Friday night when he was struck by a table top that flew off of on of the building’s balconies due to the high winds South Florida experienced that night. The unnamed man was working on repairing the electric gate for the building’s parking garage when he was struck by the table. He was taken to Jackson Memorial Hospital where he was pronounced dead from his injuries.

It is unknown who the victim was working for and under Florida Statute chapter 440.11 his employer would only have to provide bi-weekly death benefits to his financial dependents equal to 2/3 of his average weekly wage up to the One Hundred Fifty Thousand ($150,000.00) statutory cap.

However, Florida Statutes chapter 440.39 allows the victim’s family to have a negligence claim (which is not capped at $150,000.00) against the unit occupant or owner who failed to properly secure the table thereby allowing it to be picked up and thrown down an estimate 90 feet sticking the victim.

Additionally, if he was not working for The Flamingo South Beach which is managed by AIMCO and was working for a contractor hired by the Flamingo South Beach his family may have an additional negligence claim against AIMCO and/or The Florida South Beach which would also not be capped at $150,000.00.

In a case like this there are many possible claims to financially compensate the victim’s family for the death of their loved one in this preventable accident.

Should you or any of your loved ones be involved in a wrongful death accident like this please do not hesitate to call me James D. Payer, Esquire at (305)854-442. All consultations are free and confidential.

A recent study performed by the United States Department of Labor Occupational Safety and Health Administration (OSHA) has found what I and Florida’s injured workers have known for years,  that Florida’s workers’ compensation laws provide inadequate benefits for Florida’s workers that are injured while working on the job.

The OSHA study revealed that despite decades of legal requirements that employers provide safe workplaces (Please know Florida is one of the very few states that does not have workplace safety laws), every year, more than 3 million workers are seriously injured, and thousands more are killed on the job.

After representing Florida’s injured workers for more than 18 years I believe that most of these workplace accidents are avoidable.  However, the current laws in Florida don’t encourage employers to spend the necessary resources to make sure that many of these avoidable accidents do not occur. In fact, Florida law provides incentives to Florida’s employers to save money by cutting safety costs since should one of their employees become injured on the job they have little, if any, legal exposure for the injuries they cause.

The OSHA report has determined that changes in workers compensation laws throughout the United States, including Florida, have made it increasingly difficult for injured workers to receive the full benefits (including adequate wage replacement payments and coverage for their medical expenses) to which they should be entitled.

The OSHA report revealed that employers now only provide a small percentage, estimated at about 20%, of the overall financial cost of workplace injuries and illness through workers compensation. Who pays the other 80% you may ask? These changes in workers compensation laws have shifted the cost of workplace injuries onto injured workers, their families and tax payers to subsidize the vast majority (roughly 80%) of the lost income and necessary medical care costs from work place accidents.

In light of the fact that workers’ compensation laws were originally drafted so that industry would bear the cost of their workplace accidents it is very troubling to see that they now only pay for about 20% and that the victims and tax payers now pay roughly 80% of these costs.

Should you like to discuss this article, Or should you or a loved one have been involved in a workplace accident please do not hesitate to call me, James D. Payer at (305) 854–4442. All consultations are free and confidential.