Articles Posted in catastrophic injuyry

Around 9:30 a.m. on Wednesday, June 5, Miami-Dade Fire Rescue responded to a collision between a Virgin Trains USA train and a silver SUV near Biscayne Boulevard and 141st Street. The SUV sustained significant damage, and the airbags were deployed. The back end of the SUV was crushed, the windows shattered, and the front bumper was detached and on the ground. One report stated the train was heading south when it struck the SUV on the driver’s side of the vehicle and pushed it 180 degrees. One victim was transported to Aventura Hospital and Medical Center, and their condition was unknown. A report stated witnesses saw the driver get out of the SUV and looked visibly OK. After the collision, the train stopped nearby. Virgin Train USA representatives came to the scene to assess damage to the train. There was visible damage to the train’s front car. There are no reports of any harm to train employees or passengers Commuter trains like Virgin Trains USA  are growing in popularity in Florida and around the US. However, they pose a significant risk at intersections where railroad tracks public cross streets. If you or a loved one were a victim of a train-vehicle crash in Florida, do not hesitate to contact a Miami car accident lawyer at Gerson & Schwartz P.A. You can reach out to schedule a free consultation by calling (877) 475-2905 or using our online form.

Virgin Trains USA Used to be Bright line

In March 2019, Virgin Group announced its first train line would be Virgin Trains USA in South Florida. The majority owner and operator of the train is Fortress Investment. Virgin Group is a minority investor providing the iconic branding for the train. This train line was originally known as Bright line and began service in May 2018, with test runs starting in 2017. It is a high-speed intercity system that currently stops in Miami, Fort Lauderdale, and West Palm Beach. Virgin previously announced it intends to extend the train line to Orlando and Tampa. Individuals who are injured in an accident involving a Virgin train should contact an experienced lawyer in Miami. If the incident was a train-car collision, our Miami car accident attorneys are here to investigate the crash, determine what went wrong, and identify the liable party. Our lawyers at Gerson & Schwartz P.A. are highly experienced in handling all types of vehicle collisions, including those involving commuter and freight trains. We are not afraid to hold large and popular businesses responsible in court.

When a building of any size is scheduled to be torn down, workers go about the process in a specific way. There are a number of health and safety risks associated with demolishing a building, particularly a multi-story apartment building. By adhering to a specific demolition process, the demolition company mitigates the amount of risk workers and pedestrians are exposed to. However, something went wrong in the process of tearing down the former Marlborough House, a condo building in Miami Beach. On Monday, July 23, the building near 57th Street and Collins Avenue collapsed within seconds. Debris was scattered for blocks, shutting down the road in front of the building, and striking Samuel Landis, 46, a project manager for the demolition company. Landis was taken to Jackson Memorial Hospital and was in critical condition.

It is unknown exactly what went wrong. Winmar Construction, Inc. stated the collapse was a construction accident that took place during a planned and permitted demolition, which was being conducted by subcontractor AlliedBean Demolition. The incident will be investigated by the Occupational Health and Safety Administration (OSHA) and the Miami Beach Police Department.This is an unfortunate reminder of the dangers of demolition and construction.  Any amount of carelessness can lead to significant accidents, injuries, and fatalities. If you or a loved one are injured in a construction accident in South Florida, contact our personal injury law offices to discuss your case with a construction accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905.

Construction Accidents in the U.S.

A pedestrian bridge located at Florida International University suddenly collapsed on vehicles below injuring dozens and causing several fatalities. The bridge was recently constructed and was just opened to the public this past Saturday on FIU’s campus. Little information is known about the root cause at this time. Witnesses reported that dozens of vehicles may still be alive or trapped beneath the rubble.  Miami-Dade Fire Rescue along with first responders were still trying to get beneath the 950 plus tons of concrete wreckage. A witness to the accident contacted our law firm and sent us this photograph seconds after the bridge crumbled. 

Construction sites, accidents, rules and regulations are governed by the Occupational Health and Safety Administration (OSHA). OSHA is the primary federal agency assigned with promulgating rules and safety enforcement regulations in the workplace. In this case, when a bridge and construction accident occurs, OSHA conducts a comprehensive investigation. This usually takes many months to complete but eventually will reveal how this tragic event occurred, how it could have been prevented, and what specific violations of OSHA’s regulations may have been violated. OSHA’s duties, include protecting workers as well as enforcing safety laws for the benefit of the general public. Companies who violate OSHA safety regulations may expose themselves to legal liability, which can include civil and criminal penalties. Miami, Florida has been subject to many construction site accidents but this one is by far the most serious and tragic construction accident event in recent memory.

While it is too early to know how or why this specific tragedy occurred, the mere fact that this bridge collapsed is a prime example of the legal doctrine known as as “Res Ipsa Loquitur”, which means “the negligence speaks for itself”.  Bridges simply do not collapse in the absence of some sort of negligence. The personal injury law offices of Gerson and Schwartz, PA specialize representing serious injury and wrongful death victims due to construction defects and industrial accident related tragedies. Our construction accident attorneys in Miami are familiar with OSHA rules and regulations and how to prove negligence in industrial and construction accident cases. If you or a loved one were the victim of the FIU bridge collapse or another type of construction accident case, then contact our Miami law offices today for a free consultation. Call us today at 1- 877- 475-2905 or email us at info@gslawusa.com for help. Walk in clients are also accepted. Our personal injury offices are located at 1980 Coral Way in Miami, Florida. You may also visit our website at www.injuryattorneyfla.com. Se Habla Espanol.

 

Traumatic Brain Injuries  (TBIs) affect some 1.8 million people each year, according to data published by the Centers for Disease Control and Prevention (CDC). These injuries occur when a jolt or blow to the head causes injury to the brain resulting in a disruption in normal brain function. Some of the issues that people who sustain TBIs can experience for weeks, months, or even years after an accident include headaches, sensitivity to light and sound, problems with speech and communication, trouble concentrating, and difficulty with problem solving. Our attorneys specialize representing the catastrophically injured due to the negligent, reckless, or intentional acts of third parties.

While many people assume that traumatic brain injuries can only be caused be serious accidents, they actually can be (and often are) caused by everyday incidents that you would ordinarily not associate with serious injuries. Some common examples of accidents that fall into this category are discussed below.

Slip and Falls

For many people, the day doesn’t really start until they have had their morning coffee. Usually, the worst thing that happens while trying to get a caffeine fix is that the line at the coffee shop is too long. For one South Florida woman, her morning coffee stop ended in a trip to the hospital after she was accidentally shot by another patron’s firearm.

When a gun owner fails to follow proper gun safety protocols, he or she can be liable for any injuries that occur. If you have been injured by an act of negligence, a Miami personal injury attorney can help you get the compensation you need to recover from your injuries.

Gun Owner Negligence Can Lead to Civil Lawsuits

Today’s vehicles are built in a way to ensure the safety of each and every individual riding within them. Yet, manufacturing defects do occur. Some defects can lead to catastrophic injuries or even death. Defective airbags can lead to such injuries. Recently, six fatalities were traced to the Takata airbag defect. For drivers involved in airbag-deployment accidents, instead of their airbag saving them, it shoots out shards of metal right through the airbag. This led to millions of recalls. In March of 2015, a 2003 Honda Civic crashed in Florida, and its driver did not survive.  Police reports later linked the driver’s fatality to a faulty airbag inflator that basically ruptured in the crash.

If you or a loved one is injured in a similar fashion or incurred other catastrophic injury, it is critical that you retain an experienced catastrophic injury attorney. The Miami, Florida catastrophic injury attorneys at Gerson & Schwartz PA are here to help. We have helped catastrophically injured people for more than 40 years. We are well versed in the law and know how to get you adequate compensation for your loss.

The Basics of Florida’s Products Liability Law