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…
Miami Accident Lawyer Blog
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. Hushed outcomes and returned proprietary discovery…
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…
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…
United States Supreme Court Denies Certiorari in Engle Class Action
The United States Supreme Court today denied certiorari in the Engle Class Action. This ends 13 years of litigation of the class action certification and jury findings.Howard Engle, a Miami Beach pediatrician filed the suit on behalf of an all smokers suffering from the effects of addiction to nicotine in…
Florida No Fault Insurance Update
No renewal of no-fault before Oct. 1 As Florida’s no-fault insurance law ends its three-decade run Oct. 1, the state’s highly competitive automobile insurance market may be ready to enjoy a new dawn — or enter a new Dark Ages, depending on who you talk to.Hospitals fear being stuck with…