Miami Injury Lawyer Blog http://www.miamiinjurylawyerblog.com/ Published by Gerson & Schwartz, P.A. en Copyright 2009 Mon, 15 Jun 2009 17:01:33 -0500 http://www.sixapart.com/movabletype/?v=3.33 http://blogs.law.harvard.edu/tech/rss Crime Victims at Low Income Housing Apartments 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.

]]> http://www.miamiinjurylawyerblog.com/2009/06/crime_victims_at_low_income_ho.html http://www.miamiinjurylawyerblog.com/2009/06/crime_victims_at_low_income_ho.html Crime Victims Mon, 15 Jun 2009 17:01:33 -0500 $ 1,200,000 Jury Verdict for Lifetime Cigarette Smoker 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.

]]> http://www.miamiinjurylawyerblog.com/2009/05/1200000_jury_verdict_for_lifet.html http://www.miamiinjurylawyerblog.com/2009/05/1200000_jury_verdict_for_lifet.html General Litigation Issues Wed, 27 May 2009 17:25:04 -0500 Proposed Bill Attempts to Increase Minimum Automobile Liability Insurance Coverage for Convicted Felons 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.

]]> http://www.miamiinjurylawyerblog.com/2009/04/proposed_bill_attempts_to_incr.html http://www.miamiinjurylawyerblog.com/2009/04/proposed_bill_attempts_to_incr.html Car Accidents Tue, 14 Apr 2009 18:01:55 -0500 Six Figure Settlement Reached For Crime Victim After Closing Arguments 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

]]> http://www.miamiinjurylawyerblog.com/2009/02/six_figure_settlement_reached.html http://www.miamiinjurylawyerblog.com/2009/02/six_figure_settlement_reached.html Thu, 19 Feb 2009 18:16:49 -0500 $240,000 Settlement for Assault at Apartment Complex 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.

]]> http://www.miamiinjurylawyerblog.com/2009/02/240000_settlement_for_assault.html http://www.miamiinjurylawyerblog.com/2009/02/240000_settlement_for_assault.html Crime Victims Tue, 17 Feb 2009 17:59:45 -0500 Crime Victim/Jury Verdict Nullification Heads for Appeal 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.

]]> http://www.miamiinjurylawyerblog.com/2008/12/jury_verdict_nullification_hea.html http://www.miamiinjurylawyerblog.com/2008/12/jury_verdict_nullification_hea.html Thu, 11 Dec 2008 18:47:49 -0500 Falling Deck and Inspectors Failings Result in $2.5 million Verdict 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.

]]> http://www.miamiinjurylawyerblog.com/2008/12/falling_deck_and_inspectors_fa_1.html http://www.miamiinjurylawyerblog.com/2008/12/falling_deck_and_inspectors_fa_1.html General Litigation Issues Tue, 09 Dec 2008 18:25:13 -0500 Misdiagnosed Brain Tumor Settlement 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.

]]> http://www.miamiinjurylawyerblog.com/2008/06/misdiagnosed_brain_tumor_settl.html http://www.miamiinjurylawyerblog.com/2008/06/misdiagnosed_brain_tumor_settl.html Tue, 17 Jun 2008 18:05:14 -0500 Rollover Settlment Reached 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.

]]> http://www.miamiinjurylawyerblog.com/2008/06/rollover_settlment_reached.html http://www.miamiinjurylawyerblog.com/2008/06/rollover_settlment_reached.html Car Accidents Mon, 16 Jun 2008 18:09:17 -0500 International Cruise Ship Claims 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.

]]> http://www.miamiinjurylawyerblog.com/2008/06/cruise_ships_may_look_sparklin.html http://www.miamiinjurylawyerblog.com/2008/06/cruise_ships_may_look_sparklin.html Mon, 16 Jun 2008 17:55:51 -0500 Engle Trust Fund 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.

]]> http://www.miamiinjurylawyerblog.com/2008/04/engle_trust_fund.html http://www.miamiinjurylawyerblog.com/2008/04/engle_trust_fund.html Tobacco Mon, 28 Apr 2008 17:52:36 -0500 SALE OF STRUCTURED SETTLEMENT ANNUITIES 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.


]]> http://www.miamiinjurylawyerblog.com/2008/01/sale_of_structured_settlement.html http://www.miamiinjurylawyerblog.com/2008/01/sale_of_structured_settlement.html General Litigation Issues Wed, 30 Jan 2008 18:47:11 -0500 A Word About Settlements 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.

]]> http://www.miamiinjurylawyerblog.com/2008/01/a_word_about_settlements.html http://www.miamiinjurylawyerblog.com/2008/01/a_word_about_settlements.html General Litigation Issues Tue, 29 Jan 2008 18:38:18 -0500 Suing the Drunk Driver 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

]]> http://www.miamiinjurylawyerblog.com/2007/10/suing_the_drunk_driver.html http://www.miamiinjurylawyerblog.com/2007/10/suing_the_drunk_driver.html Wed, 10 Oct 2007 10:31:29 -0500 Questions Remain About Florida No Fault Insurance Law 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.

]]> http://www.miamiinjurylawyerblog.com/2007/10/questions_remain_about_florida_1.html http://www.miamiinjurylawyerblog.com/2007/10/questions_remain_about_florida_1.html Car Accidents Thu, 04 Oct 2007 12:18:24 -0500