Miami Accident Lawyer Blog

July 15, 2024

Dangers of Summertime Boating Accidents in Miami

Despite the fact that the weather in South Florida allows boating enthusiasts to hit the water all year long, there is definitely an increase in traffic from Memorial Day to Labor Day. Unfortunately, the higher volume of boaters enjoying the state’s waterways also means that boating and marine accidents are on the rise. According to the Florida Fish and Wildlife Conservation Commission (FWC), more than half of all boat accident fatalities occur during the summer months.

May 24 will kick off the social summer season, so it is important to be aware of some of the safety issues that could affect your fun. There are risks that exist during this time period that are not as prevalent as at other times of the year. Some information on the dangers should help you avoid Miami boating and marine accidents, while other details will guide you in what to do if you are injured in one.

Factors That Impact Boating Collisions

June 15, 2024

Are Falls Evidence of Florida Nursing Home Abuse and Neglect?

by Gerson & Schwartz, P.A.

Nursing home residents suffer from a variety of age-related ailments and medical conditions, and individuals tend to lose strength and muscle mass as they grow older. These factors and more contribute to the risk of falls in assisted living facilities, which is higher than you might expect. In fact, the US Centers for Disease Control and Prevention (CDC) reports that falls are the top cause of both fatal and nonfatal injuries for Americans 65 years and older. More than 14 million people in this age group report falling every year.

Unfortunately, residents of nursing homes account for 1 in 5 of all fatalities from falls in the 65+ age group. These incidents typically happen because the facility did not take proper precautions to safeguard residents, so it is possible to seek remedies for nursing home abuse and neglect in Miami. Some information about falls and evidence of negligence will help you understand your options.

Defining Nursing Home Neglect

May 20, 2024

Overview of Design Defects Under Florida Product Liability Laws

by Gerson & Schwartz, P.A.

There are multiple agencies under the umbrella of the federal government that investigate reports about defective products and enforce all relevant regulations. The US Consumer Product Safety Commission (CPSC) is tasked with maintaining an ongoing, up-to-date list of all products that have been recalled, either by government officials or voluntarily by the manufacturer. In recent weeks, some items on the list include snowmobiles, children’s clothing, furniture, and electronics. Many of these products are rendered dangerous because of problems with the manufacturing process.

However, there are numerous other consumer products that present a risk of harm because of issues when they were developed. In the practice of law, the problems with these items are considered to be design defects. They can cause serious injuries to users, so you should follow all manufacturer’s instructions regarding the recall. However, you should also contact a Miami design defects and product liability attorney if you were hurt.

Basics of Design Defects

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

March 15, 2024

How Laws are Different for Florida Truck v. Car Accident Cases

by Gerson & Schwartz, P.A.

Truck accidents are fortunately not among the most common traffic-related incidents in Florida, but they do tend to cause extreme devastation when they happen. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are around 9,640 crashes every year involving semis, 18-wheelers, delivery trucks, and other large commercial vehicles. More than 300 people are killed and another 5,050 victims are injured in these collisions. In other words, approximately 55 percent of all truck accidents lead to at least one casualty, usually in the passenger vehicle.

Under Florida law, truck crashes are very similar to auto collisions in many ways. Therefore, you could qualify to recover compensation if you were injured or lost a loved one. However, there are some critical distinctions you need to know. You can rely on your Miami truck accident attorney to handle the details and meet legal requirements for your claim. Plus, it is useful to review the differences between truck and car collisions.

Potential Parties

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

December 27, 2023

Tips for Choosing a Bicycle Helmet for Your Child

by Gerson & Schwartz, P.A.

The holidays are over, and for the many Florida children who received bicycles as gifts, the fun can begin right away. The year-round warm climate means kids will soon be heading out for a ride, and the US Centers for Disease Control and Prevention (CDC) has some interesting statistics on the subject. American children are hooked on bikes, and an estimated 33 million of them ride around 10 billion hours every year. The downside is that there are still many risks involved, especially when bicycling around Miami. Almost 400 children are killed, while another 450,000 are treated in hospital emergency rooms for bike crash injuries.

Of the children injured in bicycle accidents, approximately 153,000 victims suffer head injuries. The obvious answer for parents is to purchase a suitable helmet for kids. However, this task can be easier said than done. Some tips on how to choose a helmet will safeguard your child in the event of a Miami bicycle accident, so consider the following details.

Tips for Buying a Child’s Bicycle Helmet

November 20, 2023

Should You Settle Your Personal Injury Case or Go to Trial?

by Gerson & Schwartz, P.A.

People threaten to sue each other all the time, but only a small fraction of these lawsuits actually materialize. Perhaps, at the scene of the car accident that caused your injuries, the other driver even threatened to sue you, even though it was obvious to everyone that the other driver bore most of the fault for the accident. Empty threats aside, people who genuinely intend to sue often change their minds once they realize the amount of work that goes into filing a lawsuit and preparing for trial. Being a plaintiff in a civil lawsuit is as stressful as being a defendant. Personal injury lawyers might advertise that they fight to the finish, never settling and never compromising, but fighting is not the main goal of a personal injury lawsuit. The goal is to get the money you lost as a result of an accident that the defendant caused, and getting the money after less conflict is just as good as, if not better than, getting the money after more conflict. A Miami car accident lawyer can help you get the money you need after an accident, with or without a lawsuit or a trial.

Personal Injury Lawsuits are About Getting the Money You Need, Not About Having the Last Word

If you file a personal injury lawsuit, the chances that you will receive a settlement are much greater than the chances that you will go to trial. During the discovery process, where the plaintiff and the defendant notify each other of the evidence that they intend to present at trial, it will become obvious to the defendant that the defendant is legally responsible for your injuries and the financial losses associated with them. Most of the time, the defendant will offer to settle for an amount that the defendant considers sufficient to cover your accident-related medical bills and lost income. At that point, your lawyer and the defendant’s lawyer simply negotiate until they arrive at a settlement amount that both parties consider acceptable.

October 20, 2023

Florida Theme Parks and Premises Liability

by Gerson & Schwartz, P.A.

Florida has arguably the highest density of amusement parks of anywhere in the world. With so many thrills in a relatively small geographic area, accidents are bound to happen sometimes. Of course, people choose amusement parks over sources of excitement that occur in more natural settings for a reason. One can reasonably expect to lounge by a lagoon at a theme park without getting picked off by an alligator, but all bets are off if you are lounging by a naturally occurring lagoon on public land, much as paying admission to walk through a Halloween haunted house attraction is supposed to be less dangerous than venturing into a bona fide abandoned building at your own risk. Theme parks are supposed to create the illusion of danger while, in fact, delivering a safe experience. When preventable accidents at theme parks result in death or serious injury, the theme park is legally responsible. If you have been injured in a preventable accident at a theme park, contact a Miami premises liability lawyer.

Notable Premises Liability Cases Involving Theme Parks

Premises liability laws hold that when a customer gets injured at a place of business, the customer has the right to file a personal injury lawsuit against the business owner and to seek damages for medical expenses and lost income related to the accidental injury. These are some notable premises liability cases filed against theme parks in Florida: