Personal Injury

December 15, 2025

What NOT to Say at the Scene of a Miami Car Accident

When driving the busy roadways in Miami for work, errands, or personal travel, you might not realize the high risk of car accidents. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are almost 125,000 crashes in South Florida every year, leading to around 725 deaths and injuring more than 69,000 people.

Victims have legal options, so it’s wise to get help from a Miami car accident attorney when seeking compensation for medical bills, pain and suffering, and other losses. However, you are also smart to avoid certain topics of conversation at the scene of a traffic collision.

Discussions About Fault

October 19, 2025

Top Causes of Pedestrian Accidents in Miami and Who May Be Liable

by Gerson & Schwartz, P.A.

Crashes involving people on foot are not the most common type of traffic accident, but the causes of these incidents are disturbing. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that around 10,500 pedestrian accidents occur every year statewide. Distracted, impaired, and reckless driving are the top causes, while motorists who fail to yield at crosswalks or make illegal turns also contribute to these incidents.

Liability often falls to the negligent driver, but other parties, such as a city or vehicle manufacturer, may also be held responsible. It is wise to retain a Miami pedestrian accidents attorney to assist with pursuing all potential parties, but an overview of causes and liability is useful.

Distracted Driving and Risks to Pedestrians

September 15, 2025

Resort Injuries in Miami: Your Rights as a Tourist Explained

by Gerson & Schwartz, P.A.

The warm climate, water fun, and countless activities make South Florida resorts a top destination for families, couples, and friends. Data indicates that the Greater Miami metro market has approximately 84,000 hotel rooms existing or in development. Considering the volume, you might have concerns about safety and your rights in the event of an accident while visiting.

Fortunately, tourists injured on vacation in Miami have the legal right to file a personal injury claim in Florida. Whether hurt at a hotel, resort, or attraction, visitors can seek compensation for medical bills, lost income, and other damages. It’s critical to reach out to a Miami resort accidents lawyer who can assist you locally throughout the legal process. Some background is also informative.

Can Tourists Sue for Personal Injury in Florida?

July 15, 2025

How to Measure Compensation for Minors in a Miami Child Injuries Case

by Gerson & Schwartz, P.A.

Kids can certainly be prone to bruises and scrapes, but some accidents are severe enough to require extensive medical treatment. According to the Florida Department of Health’s Safe Kids initiative, every year, about 1 in 10 children are injured seriously enough to be admitted to the hospital or require treatment at the emergency room.

The losses from your child’s injury can hit hard, so it’s a relief to know that you have legal options after an accident. A Miami child injuries attorney can provide details about what to expect in your case, but you can read on for a summary of how to measure compensation for young victims.

Factors That Affect Compensation for Minors

June 15, 2025

Common Myths About Pedestrian Accident Costs

by Gerson & Schwartz, P.A.

No matter what form of motorized transportation you rely on to get around on a routine basis, everyone is in the position of a pedestrian at some point. Therefore, you might not be surprised to learn the disturbing statistics. The National Security Council (NSC) reports that almost 18% of all traffic deaths are pedestrians on an annual basis.

Still, there are other aspects of your rights that you might not realize. A Miami pedestrian accident lawyer will advise you on specifics, but the following should dispel common myths about the costs.

Debunking Misconceptions About Pedestrian Accident Costs

October 14, 2024

Is Mediation Required in Florida Personal Injury Cases?

by Gerson & Schwartz, P.A.

If you were injured in an accident in Florida, the legal process can feel confusing and overwhelming. Your medical bills are likely piling up while you deal with lost wages and the emotional toll of your injuries. Of course, the idea of pursuing a personal injury lawsuit might be intimidating. Courtrooms, depositions, and a drawn-out litigation process are common. The good news is that not all cases go to trial because they are resolved through Florida’s mediation system.

Under Florida law, mediation is often a mandatory step before a personal injury case goes to trial. However, there are many details involved with understanding whether mediation is required. It is helpful to review some information on what mediation is and when it’s required. You will also see how a Miami personal injury lawyer is a valuable resource through this process.

What is Mediation in Personal Injury Cases?

September 15, 2024

Miami Pedestrian Accidents: Florida Laws and Your Rights

by Gerson & Schwartz, P.A.

Miami is a vibrant city known for its sunny weather, beaches, and walkable neighborhoods. Unfortunately, in an urban area with an ever-growing population, pedestrian accidents are a serious concern in South Florida. The state has consistently ranked high in pedestrian fatalities nationwide, and statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHWMV) are proof. Every year, there are almost 11,000 pedestrian accidents statewide, leading to around 785 fatalities and injuries to almost 8,150 victims. Of these, more than 3,650 collisions involving people on foot take place in Broward, Miami-Dade, and Palm Beach Counties.

You are no doubt feeling overwhelmed and unsure of what to do if you have been involved in a collision while walking in South Florida. Because of the physical, emotional, and financial impacts, it is important to get help from a Miami pedestrian accident attorney to enforce your rights. You can learn more about how to protect yourself by reviewing some basic information.

Top Three Reasons Behind Pedestrian Accidents

April 15, 2024

What Florida Traffic Laws Do E-Scooters Need to Follow?

by Gerson & Schwartz, P.A.

If you are an avid e-scooter user, you are likely attracted to these vehicles for their convenience, reduced environmental impact, and affordability. Another factor you realize is that you are at risk of serious collisions when sharing the road with larger, faster motorized vehicles. Still, despite the fact that you are considered a vulnerable road user, the Florida Driver License Handbook stresses that the traffic regulations do apply. These laws exist to protect the safety of pedestrians and bicycle riders, as well as those operating e-scooters.

Depending on the location, e-scooters may occupy lanes of Miami streets, intersections, crosswalks, designated bike lanes, sidewalks, and other spaces. The overlap increases the potential for serious collisions. A Miami e-scooter accident attorney can help with the legal process if you are injured, but it is critical to know the traffic laws that apply to you as an operator.

Traffic Laws for Florida E-Scooters

February 20, 2024

Three Lawyers to Avoid in Your Personal Injury Case

by Gerson & Schwartz, P.A.

If you suffered serious injuries in a preventable accident, then you are making the right decision by working with a personal injury lawyer. Pursuant to Florida’s Tort Reform Law of 2023, the deadline for filing most personal injury lawsuits is two years. That means that there is no time to lose in choosing a lawyer to represent you in your personal injury claim.

It does not hurt to visit more than one lawyer before you make a decision, especially if the lawyers offer free initial consultations. These are some red flags to look for at initial consultations. If you see any of these inauspicious signs, you should continue your search for the right Miami personal injury lawyer.

The Door Lawyer

January 15, 2024

Does a Pre-Existing Injury Bar My Florida Accident Claim?

by Gerson & Schwartz, P.A.

Starting from when you were a toddler, you have likely had many injuries ranging from minor to severe over the course of your lifetime. Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that more than 50 million people seek emergency treatment or care from a physician for accidental injuries. These will be part of the long-gone past in most cases, but some prior injuries could impact your rights if you were hurt in an accident.

There are countless reasons an insurance company may claim to deny payment in an accident case, and one of them is pre-existing injuries. The insurer’s strategy might work if you do not have legal representation, so make sure to retain a Miami personal injury attorney right away. You want to leverage the best possible strategies to counter the insurance company and get the compensation you deserve.

Pre-Existing Injuries in Accident Claims