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Miami Accident Lawyer Blog

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Sovereign Immunity Can Affect Your Case if You Don’t Know Where to Look for it

Suing the government, whether it is the city or state or an arm or branch of government, seems like a given right. But in many countries, citizens have no right to sue the government because of a doctrine called sovereign immunity. Like many states in the U.S., Florida has enacted…

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Bias Evidence Can Hurt, as Well as Help, Injury Victims

A few weeks back, we discussed how the relationship between a defendant and the doctors or experts testifying on his behalf can be discovered by the Plaintiff to be used as evidence of bias. Generally, the longer and more sustained the relationship between a party and a doctor, the more…

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Closing Argument is Not the Free-for-All That it Often Appears to Be

When there are trials on television or in movies, it is common that they skip or edit out much of the evidentiary arguments, the direct examinations, and often even opening statement. But one area that seems to be a great point of entertainment is the closing argument. The public seems…

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Can a Law Change Affect the Rights of a Malpractice Victim Retroactively?

When a law changes, the question often arises as to when it is actually effective and whether it can affect or change the rights of parties that may have filed a lawsuit when the old laws were in effect. A new case discusses this principle in the context of medical…

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Slip and Fall Case Questions Whether College is a Business

When a lawsuit is filed for injuries that stem from a slip and fall, there are certain things that a personal injury lawyer expects to be questioned. Was the defendant negligent? How severely is the client injured and how do we show those injuries to a jury? But every now…

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You Could Have a Statute of Limitations Problem Even If You’ve Already Filed a Lawsuit

The statute of limitations is the time limit when a lawsuit must be filed. After that time expires, a lawsuit cannot be filed, and a victim will be forever barred from recovery for injuries. In many injury cases, the statute of limitations (SOL) won’t be an issue—hopefully, a victim will…

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A Victim Can Obtain Information About a Defendant’s Expert’s Bias

In many personal injury cases, a verdict can turn on the use and effectiveness of expert witnesses. And more than any other type, the expert witnesses in personal injury trials are often doctors who provide testimony as to the nature, severity, and extent of someone’s injuries. The Need for Expert…

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When Does the Impact Rule in Emotional Distress Cases Apply?

In many cases, someone who is injured as a result of another’s negligence may not have physical injuries, but rather, emotional injuries. There are many examples where mental anguish or trauma may be even more significant than any physical harm that could have been sustained. Although we live in an…

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Jury Selection Can Make or Break an Injury Trial

When preparing for a personal injury trial, it’s easy (and important) to focus on the evidence and testimony that will be presented. But what many personal injury attorneys often forget is a process that is perhaps the most important part of the personal injury trial: picking a jury. Jury Selection…

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Norwegian Gem Drowning Incident Foreseeable and Preventable, Says Cruise Ship Lawyers at Gerson and Schwartz, PA

Once again, a tragic event has occurred in a cruise ship pool. This past Monday May 18, 2015  a ten year old girl drowned aboard the vessel Norweigian Gem. Our Florida cruise ship lawyers are monitoring the case closely. According to attorneys at Gerson & Schwartz, PA, the cruise ship…

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