injury attorneys in Miami

March 5, 2015

Florida Supreme Court Gives New Life to Liability Releases

The Florida Supreme Court, in an important decision, has changed the way that so-called exculpatory clauses are interpreted. Its decision unfortunately broadens the effectiveness of these agreements, and thus, makes it harder for those catastrophically injured by the negligence of a business, or while on a business premises, to recover damages.

Exculpatory clauses are the contracts that you often sign that purport to waive any liability for the business for any injury that you sustain. They are often used on cruises, in gyms, in kids play areas, and in extreme sports. Simply put, you are agreeing not to sue the business if you’re injured when you’re there, or taking part in an activity.

Mother Injured on Vacation Starts Dispute Over Liability Release

February 20, 2015

Insurance Policy Exclusions May Interfere With A Personal Injury Claim and Why You should Read the Lanugage in Your Insurance Policy.

by Gerson & Schwartz, P.A.

If you are injured in an accident, and the negligent party was drunk and under the influence of alcohol, it may appear that your case is a slam dunk. Generally speaking from a liability standpoint this may be true. However, collecting from the insurance company for the full amount of your damages may not be as simple as you think. Some insurance policies have exclusions for certain acts. This means the insurance company may not be required to cover an insured’s negligence such as an intentional act, or if there is a claim that arises based on conduct that is excluded or not covered under the insurance plan language. This can include a claim that arises out of a fight in a night club, use of alcohol, or even for punitive damages such as an insured in a drunk driving accident. These exclusions are common in premises liability cases, such as bars, nightclubs, and other commercial property insurance policies. For these reasons, it is always a good idea to ask for a free consultation with a personal injury lawyer in Miami to discuss if any of these potential issues may apply to your case.

Recent Case Enforces Alcohol Exclusion

This does not mean that the tort feasor is entirely off the hook. Injury victims can always pursue legal action regardless of insurance that is available. It just means that the an action to collect some or all of a judgment for claims that are not covered under insurance may have to come directly from the at fault party, as opposed to the insurance company. However, the reality of collecting against an uninsured or under insured defendant directly just may not make sense.

February 18, 2015

What To Expect In, and Why You Shouldn’t Fear, a Deposition

by Gerson & Schwartz, P.A.

If you file a lawsuit to recover damages for injuries you sustain, in most cases, you can expect to be called to sit for deposition. Movies and TV have ingrained in us that depositions are scary things. But if you’re properly prepared, and understand how the process works, depositions are nothing to be nervous or concerned about.

What to Expect

As an initial warning, this is general advice only. Every case is different, and a good attorney will prepare you for deposition questions that may be specific to your case and your history.

June 24, 2014

Twin Toddlers Drown In Deerfield Beach Swimming Pool Accident

by Gerson & Schwartz, P.A.

As our Miami injury attorneys have discussed before, although swimming can be a great way to relax on a hot summer day, it is important for people appreciate the risks associated with this activity, especially for children. These hazards have been highlighted by a recent incident in which twin toddlers drowned in a swimming pool accident at a Deerfield Beach apartment complex.

Tragic Accident Involving Twins

Harmani and Harmony West, both just two years old, drowned in the pool of Tivoli Park, the apartment complex where they lived with their mother. According to authorities, the girls were found floating in the pool by a couple visiting from North Carolina. Efforts were made to resuscitate the children, who were immediately taken to Broward Health Medical Center, where they were pronounced dead. Preliminary investigation revealed that the pool area was gated, but the lock on the gate was broken, allowing the girls to access the pool area.