It started as a small cut. But the client was elderly, in her 80’s, and had pre-existing blood circulation problems. With the passage of time, the opening in the skin grew larger, and larger. And treating and dressing the wound became more and more difficult. The poor woman wound up with a 6-inch long and several inches wide opening in the flesh covering the top of her foot. The condition persisted and defied treatment for months, requiring highly specialized care.
An apparently minor accident on the job developed into a serious chronic injury for my client, who ultimately went on to recover–following a period of utter misery. Photos of the condition–which we will NOT publish here–provided compelling evidence which supported a confidential settlement with a major national supermarket chain, and the gratitude of a much relieved client.
The answer is yes, but with certain restrictions. Florida law recognizes a right to privacy, and courts are supposed to weigh and balance the competing interests in protecting personal information with the need to discover relevant evidence–evidence that could be critical in determining fault.
In one leading case, the court permitted an expert to inspect the cell phone of a driver killed in a crash with a truck for the nine-hour period immediately surrounding the accident.
Distractions from cell phone use and texting are said to be responsible for as many as one out of every four crashes. Call Detail Records (CDR) can reveal:
– The precise time when a call is placed – The number placing the call – The number receiving the call and – The length of the call
It can also show timestamps on text messages and data reflecting GPS use like google maps or Waze.
Some phone companies will honor a subpoena; others require a court order. A competent attorney should be able to obtain either of these. However, time is of the essence. Federal regulations require the phone companies to maintain the call detail records for 180 days (six months). But upon request, phone companies are required to maintain the data for an additional 90 days. So if cell phone use or text messages appear to be an issue, the request for records should be made as soon as possible.
Personal Injury Attorney Mark Wolin proudly serves Florida and South Florida communities in Miami-Dade County, Monroe County and Broward County including Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Gardens, Biscayne Park, Davis Harbor, El Portal, Hallandale, Hallandale Beach, Hialeah, Hollywood, Hollywood Beach, Liberty City, Little Haiti, Little River, Miami, Miami’s Upper East Side, Miami Beach, Miami Gardens, Miami Shores, North Bay Village, North Miami, North Miami Beach, Opa Locka, Pembroke Pines, Pembroke Park, Sunny Isles Beach and Surfside, Florida. View our privacy policy here.
