Articles Posted in Personal Injury

scaffolding-1518087-300x225Last month provided several examples of the serious personal safety issues that can arise with construction site work.

Construction Worker Falls from Crane on Dolphin Expressway

First, a construction worker fell from a crane on the Dolphin Expressway one morning, near the Northwest 37th Avenue overpass. A Miami fire department official stated that the man fell a total of 30 feet from a crane that was attached to a flatbed truck. The worker was using the crane’s controls on the side of the truck when it suddenly fell over, throwing him off of the overpass. As he fell, thankfully he did not fall into the flow of traffic below. The man was transported to a local hospital for treatment of his critical condition.

The area where the accident occurred is currently under construction, as Miami-Dade Transit is working to add an additional lane in both directions on the Dolphin Expressway.

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A Florida district court of appeals recently rendered its decision on an appeal based on the trial court’s decision to chromed-out-1451031-300x225exclude various pieces of evidence from consideration by the jury.

In the case, the plaintiffs alleged that the defendant revved the engine of his Chevrolet Camaro, thus signaling his alleged desire to race the plaintiffs. Plaintiffs alleged that after riding next to their two motorcycles and swerving into their lane twice, he hit the first motorcycle (which had one passenger), which then crashed into the second motorcycle and then drove away. The plaintiffs survived the accident, but suffered serious personal injuries which required medical treatment. Prior to the accident, the plaintiffs had stopped at a restaurant and then a bar, and were headed home when the accident occurred.

At trial, the defendant claimed that the motorcycles caused the accident to occur by one driver accidentally turning onto the other one. He claimed comparative negligence as a defense. Witness testimony as to what happened was similarly inconsistent.

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Distracted driving has become a national public health crisis. While food, drinks, children, and pets have always provided drivers with ample distraction from the road, technology is increasing the problem to unprecedented proportions. In-vehicle entertainment systems, navigation systems, and the ubiquitous smartphone are diverting drivers’ attention from the road as never before.

If you or a loved one has been injured in a car accident caused by a negligent driver, you have legal rights which must be protected. Miami residents trust the team at Gerson & Schwartz to secure fair compensation for the auto accident injuries. Our Miami car accident lawyers will aggressively protect your legal rights after any car accident including distracted driving accident cases.

What is Being Done About this Public Health Crisis?

Attorneys, especially personal injury lawyers, often suffer from a bad reputation among the general public. One of the most ubiquitous stereotypes about the profession is that of the “ambulance chaser.” The term brings to mind an image of a sleazy attorney in a bad suit hoping to make a fee by following an ambulance to the hospital and harassing the family of an injured person while their loved one lays in a hospital bed.

The vast majority of attorneys work hard to combat these negative and outdated stereotypes of the legal profession. Unfortunately, there are still a few lawyers and legal professionals practicing today who continue to give attorneys a bad name. At Gerson & Schwartz, P.A., our Miami car accident lawyers work hard to give clients the best legal representation possible, without the high-pressure sales tactics that lead to unfair characteristics of the legal profession.

Ambulance Chasing Is Illegal

For over a decade, Florida patients who were injured by a doctor’s negligence or malpractice have been limited in the amount they could recover in compensation. In medical malpractice lawsuits, injured patients could only recover $500,000 in damages for their pain and suffering, or up to $1 million in cases of catastrophic injuries. Recently, the state’s highest court found that these limits are unconstitutional, opening the door for injured people to recover full compensation for their injuries. Our medical malpractice attorneys  in Miami are happy to see that the highest court in the land has ruled against these caps. Not surprisingly, the caps have made it more difficult to access courts and for medical malpratice victims recover for negligent healthcare services.

Broward Case Challenges Law

In 2003, then-Governor Jeb Bush signed into law a piece of legislation meant to protect doctors from the rising costs of practicing medicine. The law aimed to correct what the legislature called a “medical malpractice insurance crisis.” According to the governor and the supporting legislators, the high cost of physicians’ medical malpractice insurance premiums was forcing doctors to either leave Florida to practice in another state or retire from practicing medicine early.

Miami Boating Accidents Often Result in Serious Injuries

At Gerson & Schwartz, P.A., our maritime accident lawyers represent the victims of serious boating accidents and injuries.  We understand the complexities of maritime law and know how to hold negligent boat operators, manufacturers, cruise lines, marinas, and others who operate in the recreational boating industry responsible for their actions.


The recent death of Jose Fernandez gained significant attention locally and nationally. Hernandez, who was under the influence of illegal drugs and alcohol crashed his boat into a large group of rocks located on South East side of Government Cut. Accidents like these are preventable and avoidable. Hernandez’s death has resulted in a high profile wrongful death lawsuit. The allegations in that lawsuit filed in Miami Dade County Circuit Court, highlight the many dangers and types of reckless conduct that can result in boat accident fatalities.  Our injury lawyers urge all boat operators and passengers to exercise extreme caution this boating season.

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

In the vast majority of car accident cases,  liability is not contested. This generally means that is perfectly clear who caused the accident and the only issue that needs to be addressed is the amount of money the at-fault party (or his or her insurer) will pay the victim. Unless there is a significant disagreement as to the amount of damages, the case may settle without either party needing to set foot in a court room. But what about auto, car and motor vehicle  accident cases in which liability is not obvious or is disputed? How does a car accident victim prove another person was legally at fault for their accident? In these cases,  obtaining financial recovery becomes significantly more complicated. Below is some information about how liability can be established in a contested car accident case. Of course, in under these circumstances, its always a good idea to hire a car accident lawyer in Miami . Below are some of the evidence your personal injury lawyer will need to help prove your legal claim.

Showing Fault Can Require Significant Investigation

Generally speaking, proving that the other party was at fault for an accident requires gathering evidence of his or her negligence. Under  Florida law, negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person in the same or similar circumstances. In the context of a auto, car or motor vehicle accident case, negligence can take many forms, including speeding, distracted driving, failure to signal a turn or lane change, or drunk driving.

If you have been injured, you are likely wondering what you should do next?  Should you speak with an attorney now or later? Should you try and handle the claim on your own? Should you focus on healing and not worry about trying to bring a legal claim in court or at all? You may wonder, how will I pay for  medical bills, property damage, lost wages, out of pocket expenses or recover money for pain and suffering  after a serious injury? Miami personal injury attorneys help injury victims through injury claims. No matter how you were injured—whether it was in a motor vehicle accident, a slip and fall, or in some other type of incident personal injury claims take time to resolve. Many injury victims don’t understand that amount of information that needs to be processed. From the minute you walk into the law firm office information needs to be gathered. Case facts need to be analyzed. Injuries also can take time to heal and in some cases the long term consequences are not recognized until well after an accident. As personal injury lawyers, our  job is to not only understand how an accident occurs, but also how understand how it will affect our clients long term. Is future medical care needed? Are the injuries going to heal on their own? Is the  defendant financially viable? There are many in variables to consider after serious accident, injury or death claim.

WHAT SHOULD I EXPECT TO HAPPEN FIRST AFTER AN ACCIDENT

If you have not hired a lawyer yet, you will probably receive calls from insurance companies, investigators  or insurance adjusters.  These insurance companies will likely try to settle the claim for as little money as possible. If you were in a car accident, the at-fault driver’s insurance company may contact you. If you slipped and fell in a store, the store’s insurance company representative may call you too. As  a rule of thumb,  if you are injured in Miami, Florida then you should not speak to these insurance companies without the advice or guidance of an reputable accident attorney.

For working parents, daycare is a must. Leaving children in the care of others is scary, especially when babies are only a few months old. Sadly, many children suffer serious injuries or are even killed in daycare facilities. If your child is injured while in daycare, what are your options? Miami personal injury attorneys assist parents and guardians with these difficult claims.

First, as a parent, you understand that some injuries are expected in daycare. Your toddler may bump his head. Your baby may have a bruise if she hits herself in the face with a toy. These incidents are typically harmless and simply part of childhood.

However, more serious injuries should not occur in a daycare facility. Daycare centers have a duty to prevent foreseeable harms to children. For example, a foreseeable harm may include a child falling down a set of steps, or putting his finger in a light socket. Daycare centers must exercise caution that is reasonable and prudent under the circumstances to maintain children’s safety.

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