Miami Injury Lawyer Blog

Crime Victims at Low Income Housing Apartments

2009-06-15T22:01:33Z

Expensive rentals and condominiums provide extensive security programs to protect residents and guests. Low income renters often don’t get the same protection as more affluent apartment dwellers. Legal protections exist for government supported properties. Though not well known by the public many requirements for safety and security are mandated by federal statutes and regulations for subsidized housing. Developers and managers get rent subsidies, guaranteed loans, tax credits and other accommodations to encourage availability of housing for economically disadvantaged persons. Our law firm has identified these requirements and used them to establish the standard of care and duty owed to residents and guests. Where violations occur we have successfully helped victims recover money for their injuries.

]]> Legislation providing rent subsidies requires landlords to carefully screen for income qualification and for criminal background as well. Not infrequently, real estate managers are careless about criminal background checks once they can establish their prospective tenant is income qualified to receive government paid rent benefits. Our own screening has turned up inadequate background searches. Some example is renters with criminal records from other states and foreign countries who come under the inexpensive commercial background check radar. Another common situation is use nominees who qualify and sign a lease for a defacto renter or real tenant who has a criminal record. The common landlord excuse that they were deceived is usually easily defeated by showing actual knowledge that the defacto tenant is known to management as a resident. Likewise, after renting to a qualified tenant extended families frequently move in despite lease language prohibiting the practice. When these unauthorized tenants victimize innocent persons civil liability can arise and our firm has discovered these violations through probing investigation used to get to the real truth about how and why a preventable crime occurred. To obtain United States Department of Housing and Urban Development approvals for loan guarantees low income housing developers are required to submit and implement a management plan which includes security management procedures. We have found that even if the original developer adheres to the plan in the early operation of the property the passage of time erodes the compliance. Many times new owners never even read the management plan much less act to implement it. Failure to fulfill the obligations undertaken by owners to get the government benefits has been the basis of recover for several of our clients. Digging deep into public records sometimes uncovers formal violation notices issued to owners/managers by inspectors acting for HUD offices. We have found the evidence needed to win large settlements and verdicts in crime victim cases against owners/managers; and other liability situations sued inspectors for missed defects such as falling sundecks from rotten wood overlooked by inspectors.

Responsibility for failure to provide adequate security programs can be traced in many cases to poorly trained or simply unqualified resident managers. Real estate management companies often provide free or reduced rent to an on site manager. Unfortunately, many such site managers lack training and are given little supervision. Landlord priorities start and end with collecting the rent and qualifying the monthly government vouchers. Security and safety take a back seat to profit driven management. On site managers usually are well meaning but without training, supervision, and resources cannot maintain a safe secure environment. We consult industry sources, such as Building Owners Management Association [BOMA]; Institute for Real Estate Management [IREM]; national, state and local apartment associations; and other training and credentialing organizations to establish the minimum acceptable competence levels. When management falls short innocent victims suffer. Knowing how and where to look for the answers is how we address our clients’ question, “Can you help me get compensated for what happened?”

Gerson and Schwartz PA has represented crime victims and other serious injury cases throughout South Florida for more than 39 years. For more information about our firm visit our website at www.InjuryAttorneyFla.com or you may contact us via email at info@gslawusa.com or at 305-371-6000.

$ 1,200,000 Jury Verdict for Lifetime Cigarette Smoker

2009-05-27T22:25:04Z

Just last week we received a $1,200,000 jury verdict for the widow of a lifetime cigarette smoker who died in 1993. The tobacco industry used every available appeal to delay justice for our client. Now, 76 she finally received an award for the loss of her husband on May 22, 2009. The defendant R.J. Reynolds Tobacco Company will appeal again. We will defend the jury verdict as far as it goes and as long as it takes. Ultimately, justice will prevail. At Gerson & Schwartz we continue our 39 year commitment to helping individuals get justice from corporate wrongdoers. Our team of trial lawyers has the experience to handle all types of personal injury cases and wrongful death claims. For more information on how we can help contact us at 305-371-6000.

Proposed Bill Attempts to Increase Minimum Automobile Liability Insurance Coverage for Convicted Felons

2009-04-14T23:01:55Z

Earlier this month, our firm along with the the Florida Justice Association traveled to Tallahassee, FL to lobby the the Florida legislature. One proposed bill of particular interest would increase the minimum amount of automobile insurance coverage a convicted felon would be required to carry while operating a car or other motor vehicle in Florida.

]]> Far too often we have seen situations where car accident victims have been injured by repeat offenders and convicted felons. In these situations, the injured are often unable to recover sufficient amounts from those who caused them harm. Under the current law, a convicted felon is only required by law to carry the same bodily injury coverage as other law abiding citizens. If passed, convicted felons would now be required by statute to maintain a minimum of $100,000 for bodily injury and up to $ 500,000.00 for property damage. At Gerson and Schwartz PA we are committed to help those who have been injured both today and in the future. It is through these efforts, in and out of court room that we define our mission and success. If you or a loved one has been injured in a car or other motor vehicle accident then contact one of our lawyers today. Call us at305-371-6000 or email us at info@gslawusa.com

Six Figure Settlement Reached For Crime Victim After Closing Arguments

2009-02-19T23:16:49Z

Gerson and Schwartz PA, recently obtained a six fix figure settlement against the owner and operator of an apartment complex.Our client was was the innocent victim of a violent crime. After 2 years of litigation and just minutes after closing arguments, the Defendants agreed to settle the case prior to the jury reaching a verdict. Gerson and Schwartz, PA is an AV rated law firm located in South Florida. Our attorneys have experience handling all types of accident and other serious injury claims throughout the South Florida. For more information on how we can help contact a lawyer at Gerson and Schwartz PA. There is no fee to discuss your case. Call us at 305-371-6000 or by email at info@gslawusa.com

$240,000 Settlement for Assault at Apartment Complex

2009-02-17T22:59:45Z

Gerson and Schwartz, PA recently obtained a $240,0000 settlement for our client who was assaulted in her apartment complex. Our client, had returned home one evening and parked her vehicle in her assigned space in the parking lot area in front of her second floor condominium apartment. As she exited her vehicle she was grabbed by a young black male, pulled out of the vehicle and thrown to the asphalt pavement. The man got in her vehicle and drove off the property.

]]> Our investigation showed significant history of serious crimes which pre-date our clients attack. Though, there were none of which that were substantially identical over the preceding years complaints concerning the adequacy of security were made to and discussed by the board.Unit owners made documented complaints about security on several occasions. At various times the board employed both a gate house guard and a roving patrol guard.

The roving patrol guard was only provided at night. To reduce costs, the roving patrol guard position was eliminated. The case settled at mediation for $240,000.

Gerson and Schwartz, PA is an AV rated law firm located in Miami, Florida. For more than 37 years our firm has been helping crime victims obtain the compensation they deserve. Contact one of our Miami Crime Victims lawyers by calling 305-371-6000 or email us at info@gslawusa.com

Crime Victim/Jury Verdict Nullification Heads for Appeal

2008-12-11T23:47:49Z

Our client expected justice – instead he got judicial error. We’re working to fix that. Back in 2001, the plaintiff, a 24-year-old man, suffered a partial hearing loss and a mild brain injury after he was beaten with a beer bottle in the parking lot of an International Drive apartment community in Orange Country. The unidentified assailant had followed him from his job at a nearby Publix and was able to enter the 360-unit complex through a malfunctioning electronic access gate.

]]> At the invitation of Orlando lawyer Tye Van Buren, we served as lead counsel in the subsequent security negligence trial, and argued that the property owner and manager – a Cincinnati, Ohio insurance company – had touted the security gates in its advertisements, but took no measures to secure the facility when frequent gate malfunctions occurred. The jury, agreeing with our negligence theory, returned a $700,000 award for our client – which the judge then nullified, entering judgment, instead, for the defendants. Citing judicial errors on the part of the judge, we have appealed her decision, and are confident of obtaining a reversal, re-instating our verdict or granting a new trial where we will be allowed to present a cache of incriminating evidence the trial judge had disallowed erroneously. We will see it through to the end to get justice for our injured client.

Gerson and Schwartz PA is an AV rated personal injury law firm located in South Florida. For more than 37 years our firm has assisted crime victims throughout the State of Florida and helped get them the compensation they deserve. If you or a loved one have been the victim of a crime contact one of our South Florida lawyers at 305-371-6000, or email us at info@gslawusa.com

Falling Deck and Inspectors Failings Result in $2.5 million Verdict

2008-12-09T23:25:13Z

Gerson and Schwartz PA, along with co-counsel obtained a $2.5 million jury award for our client, who suffered severe – and permanent – injuries when the deck of a house she was visiting collapsed from under her. The house – a foreclosed Atlanta property that had been listed for sale on the U.S. Department of Housing and Urban Development’s Website – had been examined, prior to the visit, by HUD inspectors, who overlooked or ignored dangerous signs of rotten wood.

]]> In the collapse, our client – who was considering purchasing the vacant house and had climbed the back steps to the deck to look in the windows – suffered a mangled foot and a compound, or open, fracture of the ankle. She underwent five surgeries to repair the damage, but was still left with a very restricted range of motion. Together with our Atlanta-based colleague, who served as lead counsel, we shaped and presented evidence and argument that convinced the jury that a multi-million dollar damage award was warranted.

Gerson and Schwartz PA is experienced in various types of car, slip and fall, and other severe injury claims. For more information on how we can help call contact one of our Miami Injury Lawyers at 305-371-6000 or by email info@gslawusa.com or visit our website at http://injuryattorneyfla.com

Misdiagnosed Brain Tumor Settlement

2008-06-17T23:05:14Z

It was only after our client began suffering visual disturbances and went to another doctor, an ophthalmologist,that she received the correct — and sobering — diagnosis: An MRI revealed a baseball-size tumor, called a hemangioma, growing outside her brain. While not a malignant lesion, it was large enough to compress other parts of the brain and do damage. Neurosurgery followed, but so did a post-surgical infection and sensory losses. Two follow-up operations were necessary. Even today, two decades after those first headaches, our client suffers pain and discomfort.

]]> And it was all preventable. The scope of the surgery— and the resulting complications — could have been reduced had the tumor been removed when it was far smaller. An adequate treatment plan by our client’s primary doctor would have resulted in a more timely diagnosis. Our expert showed that the way the defendant worked — with inadequate work-ups and record-keeping — was negligent, and put our client at unacceptable, unnecessary risk.While the doctor’s negligence was clear, the case presented obstacles, as his practice was owned by a corporation based on a Caribbean island, and his insurance company was also based in the Caribbean. But we were able to obtain a confidential settlement which exhausted policy limits.

Gerson and Schwartz, P.A has over 37 years experience representing all types of medical malpractice and other severe injury claims. For more info on how we can help, call us at 305-371-6000 or by email us info@gslawusa.com

Rollover Settlment Reached

2008-06-16T23:09:17Z

A private road may only be open to certain drivers, but when it is inadequately designed and constructed, danger isn’t choosy. Our client, a 71-year-old truck driver, suffered a skull fracture
— resulting in hospitalization, rehabilitation, and an enormous workman’s compensation lien — in a 2005 accident on a private road used by contractors hauling fill material to a construction site.

]]> The road had no shoulder or recovery area, so when the unbelted driver momentarily drove off the paved surface and tried to steer back onto it, the fully loaded dump truck flipped onto its side, resulting in his severe injuries. Working with our career-long colleagues at The Wolfson Law Firm, we were pleased to secure a confidential settlement at mediation — for an amount adequate to resolve the lien and result in a recovery for our client.

If you or a loved one have been seriously injured as a result of a car accident or another persons negligence contact Gerson and Schwartz, P.A. today! Thee is no fee to discuss your case.
Call us at 305-371-6000 or by email at Info@gslawusa.com.

International Cruise Ship Claims

2008-06-16T22:55:51Z

Cruise ships may look sparkling clean and safe, but behind the surface lays an industry that lacks any formal regulation – and all-too-often, accountability — for what occurs on-board. And, unfortunately, plenty goes on: sexual crimes that are unreported. Violent assaults covered up by ship personnel. Passengers that go missing — never to be seen again. And perhaps the most troubling problem of all: an industry that has become skilled at holding off any attempts at reform.
We will continue to help in any way we can to ensure that the appropriate regulations and safeguards are enacted by Congress — so that dream vacations don’t turn into nightmares.

]]> Most people are shocked when they learn just how poorly policed the cruise industry is — or how easily victims can find themselves with no recourse for the harm they have suffered. Most law firms don’t appreciate the true situation, either, because they rarely — or never — handle these cases.Gerson and Schwartz P.A, has experience, both on behalf of victims of cruise ship crime and in maritime litigation, has helped us develop a national reputation in this important, but poorly understood, area of law.

So much so that Ken Carver, president of the advocacy group International Cruise Victims (ICV), has asked for our help in making the case for federal legislation to protect the rights of cruise ship crime and negligence victims — and to assist in fostering a dialogue with the cruise industry. It has been our privilege to help ICV by providing legal counsel, helping to direct policy goals, and advancing legislative reform. We’ve introduced ICV to the National Center for Victims of Crime, resulting in a terrifically successful alliance between the two groups.

Contact a lawyer and Gerson and Schwartz, P.A. today. There is no fee to talk to us about your case. Call us at 305-371-6000 or email us at info@gslawusa.com

Engle Trust Fund

2008-04-28T22:52:36Z

Judge David Miller ruled last week that the Engle Trust Fund with over 600 Million dollars will be eligible for smokers to claim beginning on April 25, 2008. In a string of recent decisions in favor for sick smokers in the last few months, former Engle Class Members may finally be able to take a portion of these monies that were set aside years ago.

]]> In order to qualify, claimants must register their claims by June 16, 2008. For more information on how to file a claim, contact Gerson and Schwartz, P.A., at 305-371-6000, or by email at Info@gslawusa.com. Se Habla Espanol.

SALE OF STRUCTURED SETTLEMENT ANNUITIES

2008-01-30T23:47:11Z

Like other responsible plaintiff’s lawyers we urge many clients to structure significant settlement proceeds for their future security. The benefits of tax-free structured future payouts to plaintiffs are well known and carefully explained to clients at the time of settlement. If there is a downside to these plans it is that no one can foresee the future and thus the structure payment program sometimes no longer meets the client’s needs because of unexpected events and changes in the client’s health or lifestyle.

]]> The sale of structure contracts for cash is now legal. Both the United States ( IRC s5891) and the state of Florida ( F.S. s 626.99296) expressly authorize subsequent sale of annuities by plaintiffs. However, the after market of investors and companies available to purchase uncollected future income streams have included opportunistic financial predators who have treated unsophisticated disabled persons unfairly by purchasing their income streams at steep discounts not consistent with financial market conditions. We urge our clients and others to deal only with reputable companies. One such company has been recommended by the Academy of Florida Trial Lawyers: Strategic Capital Corporation. They can be contacted at www.strategicapital.com.

A Word About Settlements

2008-01-29T23:38:18Z

We have had several confidential settlements during our 37 years in practice. At Gerson & Schwartz, P.A. we oppose confidentiality in settlement agreements. It is obvious the public good is better served by open and full disclosure of settlements especially in product liability cases.

]]> Hushed outcomes and returned proprietary discovery materials harm future victims and reward stonewalling and secrecy. All plaintiffs’ lawyers are conflicted by such agreements because it is impossible to walk away from an otherwise workable settlement for your client to serve the public good. Our ethical duty to the client is at odds with our moral duty to publicize the truth about dangerous products and practices.

During our 37 years of practice we have seen such settlement conditions go from rare to routine. Legislation is needed to protect the public interest against the confidentiality conditions routinely required to get a fair settlement.

Suing the Drunk Driver

2007-10-10T15:31:29Z

Talking about suing drunk drivers is like talking about eating ice cream. Defending a drunk driver is certainly a lot less fun. There are plenty of advice programs for defense of criminal cases involving drunk driving. Most of it applies to the civil case too. Bringing the case for an injured plaintiff is not as easy as it may look by the results some personal injury lawyers have gotten. I am going to discuss some of the techniques I have used in some of my drunk driving accident cases and share with you some of what I have learned by handling these cases.

When analyzing and presenting automobile accident cases, driver conduct is always an issue. Where the driver of the adverse vehicle has been drinking or was drunk there are additional issues not part of the ordinary accident case. The criminal case begins at the time of the accident investigation by the police when the defendant is arrested. When you are retained the criminal case is already underway and you must act promptly and aggressively to protect your client’s rights or the opportunity will have been lost.

Victims rights are now recognized. Two years ago the legislature passed a new statute requiring officials in the criminal justice system to advise victims of their statutory rights.
There is nothing improper in your speaking up on behalf of your client in the DUI prosecution. Your client has the right to be heard on several important issues

]]> 1. What is the charge. If it’s a death case vehicular homicide, manslaughter, or
even higher degree of culpable homicide may be applicable. More likely,
felony vs. misdemeanor DUI would be the decision that must be made before
arraignment which in a criminal case must occur within 20 days of arrest. identifying the prosecutor is not so easy since permanent assignments in criminal court aren’t made until arraignment.

2. The plea-nolo vs. guilty no difference to prosecutor but it does to you
its also important to your client to have the def admit guilt not just agree not to
deny it any longer. To avoid or minimize jail the defendant will often make an elaborate verbal apology under oath to show his contrition to a sentencing judge which can be transcribed for use in a civil case.

3. The sentence restitution vs. condition of probation. Effect on insurance coverage. Our case with a company I won’t identify except to say the word farm paid 55K in medicals pursuant to liability policy limits. This was engineered by criminal lawyer who was very creative in getting Farm to pay out liability coverage without our knowledge or consent. State attorney makes it condition of probation to make it enforceable because if just sentenced to restitution and he doesn’t pay can’t put him in jail for failure to pay a debt but if it is condition of probation then it is enforceable as probation violation which means plea agreement can be yanked and defendant could possible be
maxxed by criminal judge.

The criminal case is a great source of evidence. The states discovery filing which occurs at arraignment contains a witness list, statements, and other documents that are useful in your investigation. These are all public record when filed in the criminal case so you are entitled to obtain them.

Toxicology is an important part of the case. If the defendant was injured in the accident subpoena his hospital records. Routine hospital admission labs show ethanol as a % of blood serum. This is more reliable than Breathalyzer results. Blood specimens and urine samples also show presence of other drugs, which may have acted in combination with alcohol to effect driver behavior. Hospital records will contain statements, and observations of the defendant’s behavior upon admission.

Accurate history of defendant’s age, size, drinking history and habits and experience,
Types and amounts of alcohol ingested, food intake and medications of illegal drugs are essential data to get a valid opinion of toxicology. Resorption rate, peak blood/alcohol level, metabolization rate are variables in assessing the effect on driver performance.
Some accident reconstruction experts are qualified to testify as to opinion on effect on driver behavior particularly if they have worked for or with law enforcement on traffic homicide cases. Some toxicologist are too especially if they routinely testify for the state in dui prosecutions. You may want to get a human factors expert. Such a witness can present data comparing intoxicated to sober drivers in perception time, reaction time, driver performance, etc. If the case damages and coverage warrant it I recommend using all three types of experts even though there is some overlapping of opinions. For exhibits, computer graphics and photo techniques to illustrate perception difficulties can be effective at mediation and in trial.

Depose the DUI investigators. These are your best witnesses to combat the expected testimony of the defendant that he had only 2 beers and was able to drive competently and it was your client’s comparative negligence that caused the collision. The accident report privilege only applies to the officer making out the Florida Uniform Crash Report.
It does not apply to the DUI investigation and every body along the chain from accident scene to jail cell is fair game.

Depose the person who bonded out the defendant, picked him up from jail when he got out or came to the scene of the accident. In the cell phone era wives and friends often are on scene before it is cleared observing drivers, vehicles, removing property (bottles) from persons and vehicles and getting the defendants side of the story. The physical description of the defendant after a night in jail is usually one that is helpful to hear and if it isn’t you haven’t lost anything by asking. Sometimes you can get real gems from a wife, friend or neighbor. In one case we had the wife claimed a privilege. It settled just before trial but I wanted to call her to the stand and have her refuse to testify about what her husband told her about the accident when she came to the scene.

Questions Remain About Florida No Fault Insurance Law

2007-10-04T17:18:24Z

Questions still remain about Florida's No Fault Insurance Law. Under the previous legislation, which expired on October 1, 2007 Florida drivers were required to hold $10,000 of personal injury protection on their car or automobile insurance policies. Under the existing law, individuals who sustain injuries in a car or automobile accident were covered for the first $10,0000 of the medical bills regardless of who causes the crash.

The effects and future of this legislation will have a significant for those who are injured in car and other automobile accidents. Florida was one of only twelve states to carry this legislation. Charlie Christ has included the scope of the legislative special set session of Florida law markers by adding no-fault auto insurance to the agenda.

]]> Law makers believe that the previous PIP laws have allowed medical practitioners to run up medical bills for injuries that do not require such care. Earlier this week, Charlie Christ expanded the scope of the special session of Florida law markers by adding no-fault auto insurance to the agenda.

Phil Gerson, a Miami based personal injury lawyer for more than 37 years was asked what this means for car and other motor vehicle accident victims? " We really just don't know yet and well have to wait and see what the lawmakers decide" Gerson believes there will likely be some sort of personal injury protection set in place even if they do not mirror the previous protections afforded to accident victims under the previous no-fault laws.