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Workplace accidents are common in Florida. In fact, there are, on average, between 200 and 250 work-related deaths each year across the state and many thousands more injuries. When someone is injured or killed on the job due to the negligence of another party, the injured person or their family may be entitled to monetary compensation, either through a workers’ compensation claim or through a traditional negligence lawsuit. If someone loses a loved one in a Florida work-related accident, they may be able to seek compensation through either of these means, depending on the circumstances of the accident.

Most of the time, a workers’ compensation claim, if available, is the sole remedy for the injured party. However, in some workplace accidents, workers’ compensation will not be deemed to be the sole remedy and the injured worker can file a personal injury claim against the allegedly negligent party. This is generally the case when the allegedly negligent party is not the injured or deceased worker’s employer. There is also a narrow exception carved out for when the employer’s willful or intentional conduct caused the worker’s injuries.

If a workplace accident case is brought, the plaintiff must prove three elements before they will be able to recover for their injuries. First, the plaintiff must show that the defendant owed them some duty of care. Second, the injured worker must show that the defendant breached that duty by some action or inaction. Finally, the worker must show that their injuries were caused by the defendant’s actions. This final element is called causation.

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Cecere Santana, PA collected 186 pounds of non-perishable food and $500 in cash donations for the Feeding South Florida Thanksgiving campaign. We would like to thank our employees, colleagues and corporate neighbors that were so generous with their donations.

Have a safe and Happy Thanksgiving!

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Earlier this month in Bethel Township, a serious motorcycle accident nearly claimed the lives of the driver and passenger aboard the bike. According to one local news source, the accident took place near the intersection of U.S. 40 and South Palmer Road at around 2:30 on a Sunday afternoon.

Evidently, the motorcyclist was heading westbound when it collided with a northbound pickup truck. Both the driver of the motorcycle as well as his passenger were taken by medical helicopter to Miami Valley Hospital and admitted in critical condition. Neither person on board the motorcycle was wearing a helmet at the time of the crash.

Police initially disclosed to reporters that they were unsure who was at fault in the accident. However, after conducting a preliminary investigation of the accident scene, police then updated their report, indicating they believe that the pickup truck pulled out in front of the motorcyclist.

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Earlier this month in Miami, two men lost their lives when they were involved in a fatal accident near the intersection of Northwest 12th Avenue and Northwest 54th Street. According to one local news source, the accident occurred at around 7:30 in the evening on a Monday, and it involved a bicyclist and a black Infiniti.

Evidently, the driver of the black Infiniti was traveling at a high rate of speed when he entered the intersection. As he did, he collided with a bicyclist. The bicyclist ended up underneath the Infiniti and was dragged for a full block until Northwest 54th Street, where the Infiniti then collided with a tree.

Upon the impact with the tree, the Infiniti exploded into a burst of flames. Witnesses to the accident told reporters that several people attempted to help the driver of the Infiniti out of the vehicle, but the flames were too intense. Emergency responders pronounced both the cyclist and the driver of the car dead upon their arrival. The crash remains under investigation.

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Earlier this month, on the day after Halloween, one man was killed when he was involved in an accident with another vehicle on the 5000 block of N.W. 32nd Avenue. According to a news report by the local CBS affiliate, the accident occurred in the early morning hours of November 1, just hours after most had finished celebrating the Halloween holiday.

Evidently, a Chevy Camaro was traveling at a high rate of speed when the driver lost control of his vehicle. The Camaro crossed the center line and ended up facing oncoming traffic, where it was struck by a Dodge Charger. The impact from the collision caused the driver of the Camaro to be ejected from the vehicle.

One witness on the scene, still in a Halloween costume, told reporters that he didn’t realize there was a body at first, likely because it had been ejected from the vehicle. The witness attempted to perform CPR, but it was too late. The driver of the Camaro was pronounced dead at the scene once emergency crews arrived. The passengers in the Camaro, as well as the driver of the Charger, were all admitted to the hospital for the treatment of their injuries.

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In collaboration with “Feeding South Florida,” Cecere Santana, P.A. is hosting it’s 2 nd Annual Thanksgiving Food Drive.

Please bring non-perishable items, such as stuffing, cranberry sauce, canned vegetables, boxed potatoes, etc. to our offices. We will be collecting these items until Friday, November 20th.

Items may be dropped-off between 9 am – 5 pm at:

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Anika Guevara has joined Cecere Santana, PA as an associate attorney. Ms. Guevara joins the legal team handling cases relating to personal injury, automobile accidents, Workers’ Compensation and PIP.

A graduate of St. Thomas University School of Law, she was senior articles editor of the St. Thomas Law Review. Most recently, she was recognized with the Exemplary Law Review Editor Award.

A South Florida native, Ms. Guevara is also a graduate of Florida International University, where she earned a Bachelor of Arts in Political Science.

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Earlier last month in Fort Lauderdale, a 15-year-old girl was fatally struck by a hit-and-run driver. According to one local news source covering the story, the fatal accident took place at the intersection of Northwest 15th Avenue and and 11th Street, and it occurred at around 8:45 in the evening.

Evidently, the young girl had left her home and was running to the store when she was struck. Witnesses told police that they recall seeing a grey or silver Chevy Camaro speeding through the neighborhood shortly before the accident. One man called Crime Stoppers after he witnessed the accident, telling police that the Camaro hit the girl, didn’t once come to a stop, and just kept on driving.

Emergency responders quickly arrived at the scene, but by the time the young girl was transported to the hospital it was too late. She was pronounced dead a short time after the accident. Police are still looking for the driver of the Camaro that struck the young girl and left her for dead.

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Earlier this month, the Supreme Court of Florida decided a case that may have wide-ranging implications in many Florida personal injury lawsuits. In the case, Joerg v. State Farm Mutual Automobile Insurance Company, the court held that the defendants were not entitled to introduce evidence of future medical payments that the injured party may receive through Medicare or Medicaid at the trial.

The Facts of the Case

In the case, the plaintiffs were the family of a developmentally disabled man named “Luke,” who was entitled to reimbursement for his medical expenses and medical bills through Medicare and Medicaid. Back in 2007, Luke was struck by a vehicle while riding a bicycle. Luke’s family filed suit against the driver of the vehicle as well as against State Farm, their own uninsured motorist carrier. Prior to proceeding to trial, the case against the driver was withdrawn, and the case went forward with regard to State Farm only.

Before the trial began, the plaintiffs filed a pre-trial motion to exclude any evidence of Medicare or Medicaid payments that Luke may receive in the future. After considering both parties’ arguments, the court allowed the defendant to introduce evidence of “future medical bills for specific treatment or services that are available . . . to all citizens regardless of their wealth or status.” However, the court did not allow State Farm to present evidence of Luke’s potential future Medicare or Medicaid benefits.

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Earlier this month, Miami Dade Commissioner Jose “Pepe” Diaz pleaded not guilty to allegations that he was operating his motorcycle while intoxicated. According to one local news source, the Commissioner was driving his Harley Davidson motorcycle on Roosevelt Boulevard at approximately 74 miles per hour. The speed limit on this section of Roosevelt Boulevard is 35 miles per hour.

Evidently, when officers pulled the Commissioner over, the officers had dash-cams and body-cams recording their entire interaction. It shows the unsteady Commissioner introducing himself as “Commissioner Diaz from Miami Dade County.” He also name-dropped by mentioning that Monroe County Sheriff Rick Ramsay knows his name.

The Commissioner declined the officers’ request that he take a blood-alcohol test, and regardless of how the case ultimately is decided, he will be required to forfeit his license for one year based on that refusal. The Commissioner’s attorney told reporters that he hopes that his client will be able to take advantage of some kind of diversionary program that may allow him to escape having a conviction on his record.

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Contact Information
Plantation Office
8211 W Broward Blvd #460
Plantation, FL 33324
Phone: (954) 653-9969
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2332 Galiano St, 2nd Floor
Coral Gables, FL 33134
Phone: (305) 259-7100
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West Palm Beach, FL 33401
Phone: (561) 275-1010
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450 N Park Rd, #803
Hollywood, FL 33021
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