Miami Personal Injury | Success Stories | Viñas & DeLuca
Welcome to Viñas & DeLuca, PLLC. Our firm handles personal injury and wrongful death matters throughout Florida, with offices in Miami, Palm Beach, and Tampa. Contact us if you or someone you know has suffered an injury, death, or financial loss due to the negligent or wrongful conduct of others. Our firm handles personal injury claims related to medical malpractice, dangerous products, automobile defects, car and truck accidents, and all forms of personal injury matters resulting in significant injury or death
As with all legal matters, it is best to contact an attorney as soon as possible to help assure your legal rights are protected. Under Florida law, actions for personal injury or wrongful death may only be brought within a certain timeframe. If you are considering filing a personal injury or wrongful death action, our lawyers in Miami, Palm Beach, and Tampa can help.
Sexual Abuse/Foster Care System Negligence
The law firm of Viñas & DeLuca recovered $4.8 million for minor children who were sexually abused after being negligently placed in the custody of adults with a verified history of sexual abuse. Eckerd Youth Alternatives, Inc. and The Devereux Foundation, Inc. – who contract to provide foster care and related services on behalf of the Florida Department of Children and Families – agreed to the settlement after 3 years of litigation. Through extensive litigation, the law firm’s lawyers uncovered facts which it felt established multiple and egregious failures on the part of the defendants leading directly to physical, sexual, and mental abuse. Among those failures were blatant misrepresentations to a Court, ignoring prior acts of sexual abuse, failure to properly monitor the case file, and the failure to review and interpret background checks. In 2018, lawyers for Viñas & DeLuca successfully argued to the Court that there should be no cap on the compensatory damages which the minor children could potentially recover from a jury. The case settled in 2019.
Balcony/Railing Collapsed: Construction Negligence
Recovery: $3 million
Our client was injured while at an apartment complex when he leaned against a balcony railing which gave way. As a result, he fell three stories to the pavement, sustained multiple fractures, and underwent multiple surgeries. Through an extensive investigation, it was discovered that the apartment complex was notified of prior problems concerning balcony railings. Former employees located throughout the State confirmed that the complex knew of various issues with the railings but failed to make proper repairs.
Products Liability/Manufacturer: Motorcycle Malfunction
Recovery: $2.4 million
Our client was injured when a motorcycle malfunctioned and caused a single-vehicle accident. After years of investigation, we located similar accidents and showed that the manufacturer had knowledge of prior issues with motorcycles sold throughout the United States and Europe. Our client sustained significant injuries to his knee, requiring multiple surgeries and prohibiting him from ever returning to work.
Automobile Accident Leading to Catastrophic Injuries</strong
Recovery: $2.3 Million Total Recovery
Our client was injured in a horrific intersection collision with a commercial vehicle.
Medical Malpractice: Failure to Diagnose Cancer</strong\
Recovery: $2.1 million
While being treated for stomach issues, our client underwent a chest x-ray in order to be cleared for surgery. The radiologist who interpreted the x-ray identified a small growth on one of our client’s ribs and instructed the client’s treating doctors to follow up. Unfortunately, those doctors failed to do so and the growth went untreated until two years later when it was discovered that the growth had developed into multiple Myeloma, a form of cancer. Because of the failure to timely and properly diagnose cancer, it had advanced to a significant, life-threatening stage and affected the client’s ultimate life expectancy.
Boating Accident: Confidential Settlement of Maritime/Admiralty Claim
Our client suffered catastrophic lower extremity injuries when he was struck by a commercial boat while diving close to shore.
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Medical Malpractice: Failure To Diagnose A Stroke
Recovery: $1.8 million
Our client was suffering from symptoms related to a stroke. He was taken to the emergency room and checked by the emergency room physicians. The emergency room physicians failed to diagnose and confirm the individual was suffering from a potential stroke, and he was sent home. After arriving home, the client suffered a massive stroke, leaving him partially paralyzed in his left arm and left lower extremity.
Medical Malpractice: Podiatrist Foot Injury
Recovery: $1.725 million
Our client was treated by a podiatrist after suffering an ankle sprain at work. The podiatrist recommended extensive care and treatment, including surgery, which was not medically necessary. After years of inappropriate and unnecessary treatment, our client’s foot had to be fused and he was unable to walk without the use of crutches.
Insurance Coverage Issue: Motorcycle Accident
Recovery: $1.5 million
Client’s husband was involved in a motorcycle accident when a vehicle ran a red light, striking another vehicle and a stop sign. The stop sign ultimately struck our client’s husband in the head, and he passed away. It was discovered that the individual who caused the accident did not have any car insurance. At the time of the accident, our client’s husband was test driving a motorcycle for his business. The business maintained an insurance policy, which provided insurance coverage for the business but not for accidents involving uninsured motor vehicles. After investigating the claim, it was discovered that the insurance company failed to offer the proper insurance coverage as required by Florida law. Such insurance would have entitled the family to a million-dollar benefit. During litigation, the Federal Court Judge issued an order confirming that the insurance company should have provided insurance coverage in the amount of $1 million. After the court’s ruling, a settlement was entered in excess of the insurance policy to avoid further litigation.
Medical Malpractice: Surgical Error Causing Death
Recovery: $1.5 Million
Tractor Trailer Accident:
Result: $1.424 million dollars
Our client was rear-ended by a tractor-trailer on the Florida Turnpike. The Defendant driver and his insurance company attempted to blame our client and create a defense of “sudden stop”. (Even though the accident was clearly the fault of the tractor-trailer driver.) The insurance company with its accident reconstruction experts tried to create a scenario as to how the accident happened in order to blame someone else. The insurance company doctors, who examined our client, attempt to state that the serious injuries sustained by our client which required surgery to his back and knee were not related to the accidents. (Unfortunately, these tactics are used by insurance companies all the time.) The insurance and their attorneys purposefully prolonged the case in hopes to frustrate our client. However, after various issues were successfully litigated the case was resolved during the first day of trial.
Medical Malpractice: Death of an Infant Perforated Stomach
Recovery: $1.3 million
A premature child was born in a hospital located in Palm Beach County. After birth, the child required feeding through a tube placed in his stomach. The hospital staff punctured the stomach of the child with the feeding tube. The treating doctors failed to recognize that the child’s stomach had been punctured and ultimately the infant became infected and unfortunately passed away.
Auto Accident: Insurance Carrier Bad Faith
Recovery: $1.1 million
Our client was involved in an automobile accident. As a result of the accident, she sustained injuries to her neck, shoulder, and lower back. The individual who caused the accident had a $100,000 insurance policy and our client had a policy that provided benefits of $100,000 above the insurance policy of the individual who caused the accident. At trial, a jury awarded our client an amount in excess of the two insurance policy limits. Based on the insurance company’s failure to timely pay the claim and forcing our client to file a lawsuit, a Bad Faith settlement was obtained. Total recovery for the client was $1.1 million.
Automobile Accident: Turnpike Pileup
Recovery: $1.105 million
Our client was involved in a seven-car pileup on the turnpike. He sustained various injuries, including a close-head injury and internal bleeding. The individual who rear-ended our client tried to blame several other people involved in the accident. After intensive investigation and the hiring of multiple experts, including various accident reconstruction experts, the case was resolved in our client’s favor.
Assault & Battery
Automobile Accident Involving Drunk Driver
The law firm of Viñas & DeLuca recovered $1,000,000.00 for a 57-year-old woman injured during a car crash caused by a drunk driver. The intoxicated motorist drifted into our client’s lane of travel and caused a head-on collision. The recovery included $250,000.00 above the defendants’ insurance policy limits.
Slip and Fall Accident: Failure to properly paint/seal sidewalk
Recovery: $1 million
Our client was on vacation in Naples, Florida. While walking through a resort, he slipped and fell on a sidewalk that had been improperly painted and sealed by the resort. The painted and sealed sidewalk was extremely slippery when it became wet. This was due to the resort’s failure to have the required slip-resistant material mixed into the paint. Our client sustained an injury to his knee and his left wrist. After undergoing three surgeries, he was limited in his ability to properly use his left knee and left wrist. Extensive depositions and investigations concluded that the hotel was aware of this situation, lied about their knowledge and attempted to hide the truth.
Negligence: Tractor Trailer School
Recovery: $1 million
The instructor of a commercial driving school negligently ran over the foot of a client. The injury required two separate surgeries to address the crush-like injury sustained to his foot. During discovery and investigation, it was determined that the school, through its employees, attempted to avoid liability by blaming the student. A settlement was ultimately obtained on behalf of our client after locating former employees and witnesses to the accident.
Tractor Trailer Accident
Recovery: $1 million
Our clients suffered significant injuries during a tractor-trailer collision when the driver of that tractor-trailer negligently pulled out in front of our clients’ vehicle. The accident occurred late in the evening. Although the tractor-trailer company blamed our client or causing the collision, experts hired by our firm to investigate the crash ultimately discovered that the insurance company providing coverage to the tractor-trailer tampered with and stole crucial pieces of evidence from our clients’ vehicle which could have been used to prove the tractor trailer’s fault in causing the accident. Our firm resolved the case within just 4 months.
Trampoline Park Accident
Recovery: $1 million
Our client was severely hurt when a trampoline tarp unexpectedly ripped, causing him to fall several feet to the floor and suffer multiple fractures and extensive arterial damage in his right leg. The incident occurred at an indoor trampoline park open to the general public.
Automobile Accident; Uninsured Motorist Claim
Our client was rear-ended by an uninsured vehicle while attending a professional meeting in Tallahassee, Florida. Though the accident occurred at moderate speed and resulted only in minimal vehicle damage, our client suffered a severe disc injury in his spine which impaired his ability to continue working. A claim was made for benefits available under the uninsured motorist (UM) policy purchased by our client, but the insurance company refused to pay a reasonable amount until a lawsuit was filed and the case was extensively litigated.
Our client was riding a motorcycle in South Florida when a delivery truck pulled out in front of him and caused an accident. He suffered a closed head injury and minor injuries to his foot. He was not wearing a helmet at the time. The driver of the delivery truck stated that the accident was caused by our client and that he was allegedly speeding. Also that our client’s injuries were as a result of not wearing a helmet. However, Florida Law does not require the operator of a motorcycle to wear a helmet. Our investigator was able to locate various witnesses who assisted the accident reconstruction expert in confirming that the accident was caused by the driver of the delivery
Negligence: Forklift Accident
Our client was a 77-year-old man delivering fruit to a packing house when he was struck by a forklift due to the negligence of the driver. He sustained injuries to his knee, which required surgery to clean out the wound and address the fracture. The fruit packing house attempted to blame our client even though he had delivered fruit to the packing house for over 20 years and always followed the proper procedures. A jury awarded him $656,000.00 at trial.
Bad Faith Insurance Claim
Our client was involved in a serious automobile accident. The individual who caused the accident maintained a small, inadequate automobile insurance policy. However, our client had purchased an underinsured automobile insurance policy (UIM) which should have provided additional coverage. The insurance company refused to pay our client the limits of his UIM coverage when they clearly should have given the circumstances. After litigating the case, the insurance company ultimately had to pay approximately $400,000.00 above our client’s insurance policy limits due to their bad faith conduct in attempting to resolve the claim.
Our client developed a serious infection known as endocarditis following a negligently performed root canal. The Dentist claimed that there is no way such type of infection can occur from a root canal. After extensive investigation of the dentist’s ability, the failure of the properly chart our client’s condition and dental treatment, and multiple depositions of treating doctors and expert cardiologists the case was resolved in favor of our client.
Contact our office at (305) 372-3650 to schedule a free, one-on-one consultation with a lawyer at Viñas & DeLuca to discuss your case.
Verdict and settlement amounts represent gross verdicts and settlements obtained for clients, without reduction for fees, costs, or medical liens. Some verdicts may have been amended, appealed, or not fully recovered. Each case is unique and must be evaluated on its own merits. Prospective clients may not necessarily obtain the same or similar results. The results listed on this webpage are not an exhaustive list of every case handled by Viñas & DeLuca, PLLC. Contact us today for more information.