COVID-19 UPDATE: Gerson & Schwartz firm operations continue uninterrupted. Click for More Information.
Best Lawyers
Million Dollar Advocates Forum
Best Lawyers 2018
Martindale-Hubbell
Super Lawyers
Justia Lawyer Rating
AVVO
Legal Elite
2019 Top 3 Personal Injury Lawyer in Miami

Driving is among the riskiest activities you do on a daily basis, but – unlike other things you avoid while pregnant – it is a necessity for personal and professional reasons. Unfortunately, while you are just as likely to be involved in a car accident as other Miami motorists, you and your baby are at extreme risk of serious injuries because of your vulnerable condition. According to Safe Ride 4 Kids, an organization dedicated to preventing injuries and deaths to children in auto collisions: 

  • Automobile collisions are the single largest cause of death for pregnant mothers; and,
  • Motor vehicle accidents are the top cause of traumatic fetal mortality.

The spine takes on numerous functions in the human body, as it provides support and structure while also enabling flexibility and mobility. It also has the important job of protecting the spinal cord from injury, but the solid bones of the vertebrae cannot withstand extremely powerful trauma. The Miami Project, an investigative research program targeting spinal cord injuries, reports that there are around 249,000 to 363,000 people in the US currently living with complications from spinal cord trauma. Plus, another 17,730 victims add to these figures every year. 

While the physical pain can be excruciating, you may experience losses you never even imagined if you or a loved one suffered a spinal cord injury. Therefore, you should discuss your legal options and remedies for recovering compensation with a Miami spinal cord injury lawyer. Some additional statistics and legal overview may also be helpful.

Top Causes and Statistics on Spinal Cord Injuries

Whether you were hurt by an auto crash, slip and fall, or other accident, being injured sends you into a state of confusion. You might not feel extensive pain, but you can probably tell that your body endured significant trauma. Under the circumstances, the first questions that cross your mind are whether you need medical care and where to go for treatment. While the Mayo Clinic description on the differences between emergency rooms and urgent care facilities may guide you on one issue, you might be stumped about the other. 

The conundrum is a common one, since many accident victims may hesitate when they are not sure about the nature of their injuries. On this point, you should definitely seek immediate medical care for the following injuries so you can get on the path to recovery quickly. Plus, your decision making on treatment could affect your rights for reasons a Miami personal injury lawyer can explain in more detail.

  • Traumatic Brain Injuries (TBI): Because they can be serious even without prominent symptoms, medical care is essential if you suffered a head injury. If you lost consciousness because of the accident, urgent treatment is even more important to assess the full extent of your head injuries.

Car accidents continue to be a primary safety threat for motorists across the US, and the problem even hits close to home in Florida. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 72,000 people hurt in auto collisions throughout South Florida, a figure that includes Miami-Dade, Broward, and Palm Beach Counties. Many of these victims suffered injuries so serious that they were immediately transported to local trauma centers for emergency treatment. 

While urgent medical care is a priority, being rushed to the hospital does create a dilemma for victims of motor vehicle crashes: They cannot remain at the scene to gather the evidence that is essential for purposes of legal remedies. Fortunately, there are strategies for collecting proof, and a Miami car accidents attorney can tackle investigations. However, you should be aware of some key sources of evidence when you are taken from the site of a crash.

  • Occupants of Your Vehicle: If you were traveling with friends or family, you may need to rely on these individuals to collect evidence for you. Cell phone cameras are the best way to capture damage to the vehicles, traffic signage, physical conditions at the scene, weather, vehicle skid marks, and related factors.

Floridians always ring in a new year with a wealth of new laws to go into effect on January 1, and 2021 is no different. One piece of legislation should be of particular interest to parents who trust their school bus system to transport children to and from classes. According to ABC affiliate WTXL News Channel 27, officials are cracking down on motorists who choose to illegally pass a school bus that is stopped. The School Bus Safety Act increases the penalties for these offenders with a goal to discourage the types of misconduct that put children at risk of serious bus accidents. The fines double to $200 for drivers who pass a bus with red flashing lights and stop-arm extended; subsequent offenses within five years could lead to a driver’s license suspension. 

Proponents of the law are hopeful that it will reduce Miami school bus accidents and keep children safe, but there are concerns that it does not go far enough. Plus, these incidents can be caused by many other careless acts. As a parent, the following information should be helpful.

Risks When Motorists Illegally Pass School Buses 

Even if you do not have a legal background, you certainly know the basics of Florida auto insurance laws from reviewing your responsibilities to procure coverage according to law. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) requires all four-wheeled vehicles to carry $10,000 in Personal Injury Protection (PIP) and $10,000 for property damage. Because the state goes by “no fault” rules for auto accidents, there is no requirement to carry the bodily injury coverage that is mandatory in other US states. Florida drivers can seek compensation through their own insurers under their PIP policy after a crash. 

However, motorcycle riders should pay special note to the keywords “four-wheeled vehicles.” Insurance works very differently for your two-wheeled motorcycle, so you should be aware of how this point affects your rights after a collision. The complexities can be overwhelming, so it is wise to trust a Miami motorcycle accident lawyer to handle the legal process. Some background information may also be helpful.

Overview of Florida Insurance Laws for Motorcycles 

Car accident statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are useful for predicting trends and understanding the causes behind these incidents, putting you in a better position to protect yourself and your family. So far in 2020, there have been 44,731 total crashes in Miami-Dade County, causing 299 fatalities and injuring 21,018 people. For many victims, the process for recovering monetary damages is not complicated. Obvious damage to the vehicles should convince the at-fault driver’s insurance company that the victim’s injuries were severe. 

However, you could encounter significant challenges if you were hurt in a crash in which there were no dents, chipped paint, or scrapes. A no-damage collision makes it more difficult to prove the severity and nature of your injuries, potentially leading to a denial of your insurance claim. While you should always work with a Miami car accident lawyer for any traffic crash, it is especially critical to retain legal counsel under such circumstances. The following information reveals the reasons why.

The Role of Evidence in an Auto Crash Claim

While it may not be a place where you shop often, there is a good chance that you visit a South Florida convenience store from time to time for gas, a quick snack, lottery tickets, or other basics. Unfortunately, these spots can be a target for various forms of criminal activity. The 24×7 hours, limited number of employees, availability of cash, and other factors can make these stores dangerous for customers. If you are familiar with basic laws regarding premises liability, you may know that it is possible to pursue a convenience store owner for monetary damages under the theory of negligent security. 

However, what you do not know is that Florida law has carved out an exception for property owners when their premises constitute a convenience store under the statutory definition. Your Miami premises liability attorney can explain the details and assist with your case, but some information on the legal issues may be helpful.

Overview of Premises Liability and Negligent Security

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) tracks traffic accidents through the state, and its Crash Dashboard reveals some troubling statistics about collisions in South Florida. So far in 2020, there have been a total of 44,731 motor vehicle accidents in Miami-Dade County, leading to 299 fatalities and injuries to 21,018 victims. If you were hurt in such an incident, it is good to know that you have options for recovering compensation from the at-fault driver. As with any legal matter, there are numerous statutes, court rules, and technical concepts that apply to auto crash claims. 

However, you do not need to have in-depth knowledge of all of the laws or go to great lengths to learn them. Your Miami car accident lawyer will take the lead on the legal issues. There are just three basic laws every victim should know:

Florida’s No-Fault Law

The US Consumer Product Safety Commission (CPSC) announces recalls of dangerous or defective products throughout the year, but its reports are especially important around the holiday season. This time of year, the stores are packed with shoppers and people are going online to search for the perfect gift for loved ones. The last thing you want is for a hazardous product to cause injuries to yourself or the recipient, but this is exactly what could happen when manufacturers and other entities in the supply chain do not take measures to ensure their products are safe. 

While you should always trust a Miami product liability attorney to handle the legal tasks if you were hurt, check out some of the recent product recalls before going holiday shopping this year.

Children’s Products and Toys

Contact Information