ASK A Miami Personal Injury Lawyer

How to know who’s at fault in a car accident?🤔

Ever wondered how people figure out who’s to blame in a car accident? Here’s how it works.

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When a car accident happens, it’s important to figure out who’s at fault because that person (or their insurance) is responsible for paying for the damage. Fault is usually decided by looking at things like traffic laws, witness statements, and the police report. For example, if someone ran a red light or rear-ended another car, they’re often at fault. Sometimes, both drivers can share the blame, and that’s called “comparative negligence,” which affects how much each person might have to pay.

There are a few key pieces of evidence that help decide who’s at fault. First, police officers write a report that includes details about the accident, which can help show who made a mistake. Witnesses who saw what happened can also be very important. And don’t forget about photos and videos! If there are security cameras or people took pictures right after the crash, that can help too. The more information you have, the easier it is to figure out who’s responsible.

If you’ve been in a car accident and aren’t sure who’s at fault, or if the other driver’s insurance is blaming you, don’t handle it alone. Contact the law firm Kaire & Heffernan for help. They can investigate your case, look at the evidence, and make sure you get the compensation you deserve. Get a free consultation today and find out how Kaire & Heffernan can protect your rights.

(305) 372-0123

What you should & shouldn’t say to your insurance company after a crash?📞

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📞💥 Just got in a car accident? Here’s what you should—and shouldn’t—say to your insurance company, and why Kaire & Heffernan can protect your rights!

First off, take a deep breath! Talking to your insurance company is important, but what you say can make a huge difference in your claim.

What to say:
When you call your insurance company, stick to the basic facts:

Time, date, and location of the accident.
A brief description of what happened (without admitting fault).
Information about the other driver and any witnesses.
Be polite and factual, but keep it simple. They just need to know what happened, not why it happened. Tell them you’re still gathering information and that you’ll be in touch with more details later.

What NOT to say:
Here’s the big one: don’t admit fault! Even if you think you caused the accident, never say anything like “It was my fault” or “I’m sorry.” The insurance companies will use that against you to reduce or deny your claim.

Also, don’t give too many details about your injuries right away. Some injuries take time to show up. You don’t want to say “I’m fine” and then find out you’ve got a serious issue later. Just tell them you’re getting checked by a doctor.

And definitely don’t accept a quick settlement. Insurance companies often offer lowball amounts right after the accident, hoping you’ll take it before you know the full extent of your damages. This can leave you stuck paying for bills down the road.

Here’s what to do instead:
Before making any big decisions or giving too much info, call the personal injury experts at Kaire & Heffernan. They’ll help you navigate your conversation with the insurance company and make sure you don’t say anything that could hurt your claim.

They can handle all the tough talks with the insurance adjusters for you, making sure you get the compensation you deserve for medical bills, car repairs, and even lost wages. With Kaire & Heffernan on your side, you won’t have to worry about the insurance company trying to take advantage of you.

So remember: Stick to the facts, don’t admit fault, and call Kaire & Heffernan to handle the rest. They’ll protect your rights and fight for the compensation you deserve!

(305) 372-0123

What’s the first thing you should do right after a car accident?🚗💥

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🚗💥 Just got into a car accident? Here’s what to do step-by-step—and why you should call Kaire & Heffernan for help!

First things first—don’t panic! It’s totally normal to feel overwhelmed, but staying calm helps you handle the situation properly.

Next, check for injuries. Are you okay? Is anyone else hurt? If anyone is injured, call 911 right away. Getting medical help fast is super important, both for your health and your case.

If everyone seems okay, move to a safe spot. If the cars are blocking traffic and can still move, pull over to the side of the road. But if the damage is too severe, stay put and turn on your hazard lights to warn other drivers.

Next up, call the police. Even if it’s a minor accident, having an official police report will help protect you later when dealing with insurance. Don’t skip this step!

While waiting for the police, document the scene. Take pictures of everything: car damage, license plates, road conditions, and any visible injuries. These photos can make a huge difference when proving what happened.

Now, exchange information with the other driver. Get their name, phone number, driver’s license, and insurance details. But here’s a key point: don’t admit fault or even apologize. It may feel polite, but it could hurt your case later.

Here’s the most important part: Do NOT talk to the insurance companies without legal advice! Insurance adjusters may try to lowball you or get you to say something that reduces your claim. Instead, call the personal injury experts at Kaire & Heffernan. They know how to handle insurance companies and fight for the compensation you truly deserve—whether it’s for medical bills, lost wages, or pain and suffering.

Kaire & Heffernan will handle everything, from negotiating with the insurance company to making sure you’re fairly compensated for your injuries and damages. They’ve helped thousands of accident victims get more money than they would have gotten on their own.

So remember: Stay calm, get to safety, call the police, document everything, and let Kaire & Heffernan handle the rest. Don’t risk leaving money on the table—get the professionals on your side!

(305) 372-0123

Construction Work: A Risky Business - Know Your Rights

Construction is a vital industry, but it's also one of the most dangerous. The Bureau of Labor Statistics reports that in 2022, the construction sector had the highest number of fatal work injuries, accounting for nearly 1 in 5 workplace deaths in the U.S.

Falls: Falls remain the leading cause of death in construction, responsible for 36% of all construction fatalities in 2022.
Struck by Object: Being struck by an object is another significant hazard, causing 10% of construction worker deaths.
Electrocutions: Electrical hazards pose a serious threat, accounting for 8% of construction worker deaths.
Caught-in/Between: Workers getting caught in or between objects or machinery cause 2% of construction fatalities.
Workers' Compensation: Your Safety Net

If you're injured on a construction site, workers' compensation can provide crucial benefits, including:

Medical Expenses: Coverage for all reasonable and necessary medical treatment related to your work injury.
Wage Replacement: Partial wage replacement benefits while you're unable to work due to your injury.
Disability Benefits: Compensation for permanent impairments or disabilities resulting from your injury.
Death Benefits: Benefits for surviving dependents in the event of a fatal work injury.
Navigating the System

While workers' compensation is designed to protect injured workers, the claims process can be complex and confusing. Insurance companies may try to minimize your benefits or deny your claim altogether.

Kaire & Heffernan: Fighting for Injured Construction Workers

At Kaire & Heffernan, we've been helping injured workers navigate the workers' compensation system since 1997. We'll fight to ensure you receive the full benefits you're entitled to. If you've been injured on a construction site, contact us for a free consultation. We're here to help.
Construction Accident Lawyer

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Construction Accident Lawyer

(305) 372-0123

How Do Contingency Fees Work?

Contingency Fees: Leveling the Legal Playing Field
Worried about affording a lawyer after an injury? In Florida, most personal injury attorneys work on a contingency fee basis. This means:

No Upfront Costs: You don't pay any attorney's fees unless we win your case.
We Share the Risk: We invest our time and resources into your case, bearing the financial risk alongside you.
Aligned Incentives: Our success is directly tied to yours. We're motivated to fight for the maximum compensation possible.
Statistics Show the Benefits:

Access to Justice: Contingency fees enable those who can't afford hourly rates to seek legal representation.
Higher Success Rates: Studies suggest that cases handled on a contingency fee basis tend to have higher success rates, likely due to the attorney's vested interest in the outcome.
At Kaire & Heffernan, PLLC, we're committed to making quality legal representation accessible to everyone.

Don't let financial concerns prevent you from seeking justice. Contact us today for a free consultation. We'll explain how contingency fees work and help you understand your legal options.

Remember:

Contingency fees are typically a percentage of the settlement or award. This percentage is agreed upon upfront and detailed in your contract.
We'll handle all the legal complexities, so you can focus on your recovery.
Your case matters. Let us fight for you.

Contingency Fees
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Pedestrian Accident Lawyer
Struck as a Pedestrian? Crucial Steps to Take Immediately After the Accident
A pedestrian accident can be a life-altering experience. It's essential to take swift and decisive action to protect your rights and well-being. Here's what you need to do:

Prioritize Safety & Seek Medical Attention: Your health is paramount. Even if you feel fine, seek medical evaluation as some injuries may not be immediately apparent. Remember, nearly 6,000 pedestrians lose their lives each year in the U.S. due to traffic accidents. (NHTSA, 2021)
Call the Police: A police report is vital for insurance claims and potential legal action. Ensure the accident is officially documented.
Gather Information: Exchange contact and insurance details with the driver. If possible, obtain contact information from witnesses.
Document the Scene: Take photos of the accident scene, your injuries, and any damage to property.
Notify Your Insurance Company: Inform your insurance company about the accident, but avoid discussing fault or giving recorded statements without legal counsel.
Consult an Attorney: Don't face the insurance companies alone. An experienced personal injury attorney can protect your rights and help you obtain fair compensation.
Remember:

Distracted driving is a major factor in pedestrian accidents, with cell phone use contributing to 11% of all distracted driving fatalities. (NHTSA)
Even if you were partially at fault, you may still be entitled to compensation under Florida's comparative negligence law.
At Kaire & Heffernan, PLLC, we're ready to help. Contact us today for a free consultation. Your case matters.

Pedestrian Accident Lawyer
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Pedestrian Accident Lawyer
(305) 372-0123

(305) 372-0123

Texting & Driving in Florida: A Deadly Distraction

In today's fast-paced world, it's tempting to glance at that text message or notification while driving. But the reality is, texting and driving is a deadly combination.

Disturbing Statistics:

1 in 4 car accidents in the U.S. is caused by texting and driving. (NHTSA)
In Florida alone, there were over 50,000 distracted driving crashes in 2022, resulting in hundreds of fatalities and thousands of injuries. (FLHSMV)
Sending or reading a text takes your eyes off the road for an average of 5 seconds. At 55 mph, that's like driving the length of an entire football field with your eyes closed. (Virginia Tech Transportation Institute)

Put the phone down and focus on the road. If you must use your phone, pull over to a safe location.

If You've Been Injured

If you or a loved one has been injured in an accident caused by a distracted driver, contact Kaire & Heffernan, PLLC. We can help you understand your rights and fight for the compensation you deserve.

Remember: No text message is worth risking your life or the lives of others

Texting & Driving in Florida: A Deadly Distraction

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Texting & Driving in Florida: A Deadly Distraction

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(305) 372-0123

How Long Does a Personal Injury Claim Take? The Clock is Ticking

When you've been injured due to someone else's negligence, you're likely eager for resolution. But how long will it take to get the compensation you deserve? The answer isn't always straightforward, but here's what you need to know:

The Average Case: In Florida, most personal injury cases settle within 6 to 18 months. However, this can vary significantly depending on the complexity of your case.
Factors Affecting Timeframe:
Severity of injuries: Severe injuries often require extensive medical treatment and a longer recovery period, which can delay the claims process.
Liability disputes: If fault is contested, it can take longer to reach a settlement or go to trial.
Insurance company tactics: Insurance companies may delay the process in hopes you'll settle for less.
Don't Let Time Run Out

Florida's statute of limitations for personal injury cases is generally four years from the date of the accident. It's crucial to act quickly to protect your rights.

Kaire & Heffernan: Expediting Your Claim

At Kaire & Heffernan, PLLC, we understand the urgency of your situation. We'll work diligently to move your case forward efficiently, while ensuring you receive the full compensation you're entitled to.

Contact us today for a free consultation. We'll evaluate your case, explain the potential timeline, and help you navigate the process with confidence.

How Long Does a Personal Injury Claim Take?

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How Long Does a Personal Injury Claim Take?

(305) 372-0123

(305) 372-0123

Dog Bite Lawyer
Understanding Dog Bite Laws: Protect Yourself and Your Loved Ones
Florida has specific laws in place to protect dog bite victims. Understanding these laws is crucial if you or someone you know has suffered a dog bite injury.

Florida's Strict Liability Statute

Owner Responsibility: Florida enforces a "strict liability" statute, meaning dog owners are liable for damages caused by their dogs, regardless of whether the owner knew the dog had a tendency to bite. (Florida Statute 767.04)
Exceptions: There are limited exceptions, such as when the victim provoked the dog or was trespassing.
The Severity of the Problem

Alarming Statistics:
Over 8,000 dog bite cases were reported in Florida in 2020. (Florida Department of Health)
Dog bites account for approximately one-third of all homeowner’s insurance liability claims nationwide, costing over $850 million in 2020. (Insurance Information Institute)
Seeking Legal Help

If you've suffered a dog bite, don't hesitate to seek legal advice. An experienced attorney can help you navigate the complexities of Florida's dog bite laws and fight for the compensation you deserve.

At Kaire & Heffernan, PLLC, we offer free consultations to assess your situation and guide you through your options. Don't let a dog bite leave you with lasting physical and emotional scars. Contact us today.

Dog Bite Lawyer
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Dog Bite Lawyer
(305) 372-0123

(305) 372-0123

Brachial Plexus Birth Injuries: A Miami Parent's Guide to Causes and Seeking Justice

Brachial plexus injuries (BPI) are a devastating reality for some newborns and their families. Affecting approximately 1-2 infants per 1,000 births, these nerve injuries can result in partial or complete paralysis of the arm. In Miami, where birth rates remain high, it's crucial for parents to understand the causes and potential for legal recourse.

What Causes Brachial Plexus Birth Injuries?

Shoulder Dystocia: This occurs when the baby's shoulder gets stuck during delivery, leading to forceful pulling that damages the brachial plexus nerves.
Large Birth Weight: Babies weighing over 8 pounds, 13 ounces are at higher risk.
Prolonged Labor: Difficult or prolonged labor increases the risk of BPI.
Medical Negligence: In some cases, improper use of forceps or vacuum extraction, or other errors during delivery, can cause these injuries.
Consequences of Brachial Plexus Injuries

The impact of BPI can be severe, leading to:

Erb's Palsy: Partial paralysis of the arm, affecting shoulder and elbow movement.
Klumpke's Palsy: Paralysis of the hand and wrist.
Lifelong Disability: In severe cases, children may face permanent limitations in arm function.
Seeking Compensation

If your child suffered a brachial plexus injury due to medical negligence, you may be entitled to compensation for medical expenses, therapy, pain and suffering, and more.

At Kaire & Heffernan, we have 30 years of experience representing families affected by birth injuries in Miami. We understand the emotional and financial toll these injuries can take. Contact us today for a free consultation to discuss your options and fight for your child's future.

Brachial Plexus Birth Injuries: A Miami Parent's Guide to Causes and Seeking Justice

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Brachial Plexus Birth Injuries: A Miami Parent's Guide to Causes and Seeking Justice

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(305) 372-0123

Delayed Stroke Diagnosis, What Next?

Every minute counts when it comes to strokes. In Miami, where an estimated 14,000 strokes occur annually, delayed diagnosis can have devastating consequences. Research shows that:

90% of stroke damage occurs within the first 90 minutes: This underscores the critical need for rapid diagnosis and treatment.
Delays in diagnosis can double or triple the risk of permanent disability: The longer a stroke goes untreated, the greater the likelihood of long-term impairments.
Medical malpractice claims related to stroke misdiagnosis are on the rise: This highlights the importance of holding healthcare providers accountable for negligence.
The High Cost of Missed Opportunities

Delayed stroke diagnosis can result in:

Permanent Brain Damage: Affecting speech, movement, cognition, and other vital functions.
Increased Risk of Death: Studies show that timely treatment can significantly reduce stroke mortality rates.
Extended Hospital Stays: Leading to higher medical bills and lost wages.
What Can You Do?

If you or a loved one suffered from a delayed stroke diagnosis, it's important to seek legal counsel immediately. An experienced medical malpractice attorney can investigate your case, determine liability, and fight for the compensation you deserve.

At Kaire & Heffernan, we have 30 years of experience helping victims of medical negligence in Miami. We understand the complexities of stroke diagnosis and treatment and can advocate for your rights. Don't let a delayed diagnosis rob you of your future. Contact us today for a free consultation.

Delayed Stroke Diagnosis in Miami: A Ticking Time Bomb

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Delayed Stroke Diagnosis in Miami: A Ticking Time Bomb

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(305) 372-0123

Hit by an Uninsured Driver in Miami? Don't Panic – Know Your Options

A surprising 20.4% of Florida drivers are uninsured. If you're hit by one, here's what you can do:

Uninsured Motorist (UM) Coverage: If you have this coverage, your own insurance may step in to cover damages the uninsured driver can't.
Underinsured Motorist (UIM) Coverage: This covers you if the at-fault driver has some insurance but not enough to cover your losses.
Legal Action: You can sue the uninsured driver, but collecting a judgment can be difficult. A lawyer can help you explore your options.
Remember: An experienced attorney can be your strongest advocate in dealing with insurance companies and navigating complex legal procedures. Don't let an uninsured motorist leave you footing the bill.

Hit by an Uninsured Driver in Miami? Don't Panic – Know Your Options

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Hit by an Uninsured Driver in Miami? Don't Panic – Know Your Options

(305) 372-0123

(305) 372-0123

First Meeting with Your Personal Injury Lawyer? Don't Forget These Essentials!

A personal injury claim can be overwhelming, especially when navigating Florida's complex legal landscape. Being prepared for your initial consultation with an attorney can make a significant difference in the outcome of your case. Here's what you should bring:

Accident Report: If available, bring a copy of the police report detailing the accident. This document contains crucial information about the parties involved, witness statements, and the officer's observations.
Medical Records: Gather all medical records related to your injuries, including hospital discharge summaries, doctor's notes, test results, and bills. This helps establish the extent of your injuries and the cost of treatment.
Insurance Information: Bring your auto insurance policy information and any correspondence you've had with the insurance company. This includes your policy declarations page, claim number, and any denial letters.
Photos and Videos: If you have any photos or videos of the accident scene, your injuries, or any property damage, bring those as well. Visual evidence can be compelling in demonstrating the severity of the incident.
Other Documentation: This might include pay stubs to show lost wages, repair estimates for damaged property, or any other documents related to your losses.
Remember: Don't worry if you don't have everything. Your attorney can help you obtain missing documents. The most important thing is to be organized and prepared to discuss the details of your case.

At Kaire & Heffernan, we've helped countless clients navigate the personal injury claims process. With 30 years of experience, we know what it takes to get you the compensation you deserve. Contact us today for a free consultation and let us put our expertise to work for you.

First Meeting with Your Personal Injury Lawyer? Don't Forget These Essentials

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First Meeting with Your Personal Injury Lawyer? Don't Forget These Essentials

(305) 372-0123

(305) 372-0123

Out-of-State Accidents: What You Need to Know If You're Injured in Florida

Vacationing in the Sunshine State shouldn't leave you in the dark about your rights. If you're injured in an accident in Florida, but you reside elsewhere, here's what you need to know:

Jurisdiction Matters

Florida's Legal System: The lawsuit will likely be filed in Florida, where the accident occurred. This means Florida law will apply to your case.
Potential Benefits: Depending on your home state, Florida's legal system may offer advantages like higher damage caps or broader liability rules. Our experienced attorneys can assess this for you.
Insurance Considerations

Your Insurance: Your out-of-state auto insurance policy still applies. Contact your insurer promptly after the accident.
No-Fault State: Florida is a no-fault state, meaning your insurance will initially cover your medical expenses, regardless of who caused the accident. However, you can still pursue additional compensation from the at-fault party.
Statistics Don't Lie

Florida is a hotspot for accidents:

Over 400,000 crashes annually: Florida sees a staggering number of car accidents each year.
Tourist involvement: Visitors are frequently involved in these accidents, often due to unfamiliarity with local roads or distractions.
Don't Navigate Alone

Being injured while out of state adds another layer of complexity. It's crucial to have a knowledgeable Florida personal injury attorney on your side. We understand the intricacies of Florida law and can guide you through the process, ensuring your rights are protected.

At Kaire & Heffernan, we have 30 years of experience fighting for injured victims in Miami. If you've been hurt in a Florida accident, don't hesitate to contact us for a free consultation. We'll help you navigate this challenging situation and get the compensation you deserve.

Out-of-State Accidents: What You Need to Know If You're Injured in Florida

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Out-of-State Accidents: What You Need to Know If You're Injured in Florida

(305) 372-0123

(305) 372-0123

Miami Car Accidents: Unique Challenges & Why Experience Matters

Miami, a vibrant city renowned for its beautiful beaches and bustling traffic, presents unique challenges for drivers and accident victims alike.

Here's what sets Miami apart:

Tourist Traffic: With over 16 million visitors annually, Miami's roads are often congested with out-of-state drivers unfamiliar with local traffic patterns. In fact, tourists account for nearly 20% of all accidents in Miami-Dade County.
Aggressive Driving: Miami's fast-paced lifestyle often translates to aggressive driving behaviors like speeding, tailgating, and reckless lane changes, contributing to a high rate of accidents.
Complex Intersections: The city's intricate road system, with numerous interchanges and merging lanes, can lead to confusion and collisions, particularly for those new to the area.
High Rate of Uninsured Drivers: Florida has one of the highest rates of uninsured motorists in the nation, estimated at 20.4%. This means accident victims may face additional hurdles in seeking compensation.
Severe Weather: Miami's tropical climate brings sudden downpours, flooding, and even hurricanes, creating hazardous driving conditions that increase the risk of accidents.
Why Experience Matters:

Navigating these unique challenges requires a deep understanding of Miami's legal landscape and insurance practices. At Kaire & Heffernan, our 30 years of experience in Miami personal injury law gives us the edge needed to fight for maximum compensation for our clients.

If you've been injured in a Miami car accident, don't let these challenges deter you. Contact us today for a free consultation and let us put our expertise to work for you.

Miami Car Accidents: Unique Challenges & Why Experience Matters

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Miami Car Accidents: Unique Challenges & Why Experience Matters

(305) 372-0123