Personal Injury

August 19, 2023

Serious Head Injuries in Miami Pedestrian Accidents

Walking is sometimes the most convenient and fastest way to get to your destination in Downtown Miami. However, it is not always the safest. Even when you are not in a motorized vehicle, you are considered a road user and a vulnerable one compared to other drivers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there have already been almost 6,500 pedestrian accidents so far this year statewide. By the end of 2023, there will be up to 730 fatalities and more than 7,900 victims injured while walking.

Unlike other vulnerable road users like motorcycle riders and bicyclists, people do not wear a helmet when on foot. This puts them at risk of serious head injuries in collisions, and the long-term effects can be severe. If you were hurt, it is important to consult with a Miami pedestrian accident lawyer right away. An overview of head injuries and what to do after a crash is also useful.

Common Head Injuries in Accidents

July 15, 2023

Punitive Damages in Florida DUI Accident Claims

by Gerson & Schwartz, P.A.

Despite decades of public safety campaigns on the dangers of drunk driving, statistics indicate that DUI accidents remain a significant problem. The Florida Department of Highway Safety and Motor Vehicle (FLHSMV) reports almost 5,000 crashes involving an impaired driver every year. More than 350 people are killed in these incidents, and another 2,885 suffer injuries in DUI collisions, leading to significant losses for victims and their entire families.

Drunk driving is a crime, and it is charged as a felony in Florida when a person is killed or injured in a DUI accident. If you were hurt or lost a loved one, you may qualify for a special type of damages because of the at-fault party’s outrageously dangerous conduct. Punitive damages may be available in your case, which would increase the amount you can recover if you are eligible. You should discuss details with a Miami DUI accident attorney, but some basics about punitive damages can be informative.

How Punitive Damages Work

March 15, 2023

Skin Graft Technology Brings Hope for Victims of Burn Injuries

by Gerson & Schwartz, P.A.

Unless you have a medical background, terms like “synthetic acellular dermal regeneration template” and “neodermal formation” do not exactly grab your attention. However, if you are the victim of burn injuries from an accident, the technology described by these terms is definitely significant. The National Institutes of Health (NIH) explains how innovations in skin graft science have increased the treatment options available for those that suffer the most severe burns. Previously, there have been challenges when a victim sustains harm to a large percentage of the body.

With the new technology, burn victims may benefit from a faster time to recovery, reduced risk of infection, and less scarring. There are considerable medical costs involved with these procedures, but they may be covered if you were injured in an accident that was not your fault. A Miami burn injuries lawyer will explain your rights, and an overview of developments with skin graft procedures is useful.

How the Skin Graft Technology Works

November 16, 2022

Reasons Your Florida Pedestrian Accident Claim Was Denied

by Gerson & Schwartz, P.A.

Sharing the road with larger, faster, motorized vehicles is risky when you are on foot, so it will probably not shock you to learn that pedestrian accidents can be devastating. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicate that there are more than 8,560 crashes involving people on foot annually. Of these, almost 37% occur in Broward, Miami-Dade, and Palm Beach Counties. Approximately 220 people are killed in South Florida pedestrian accidents, and thousands more are injured.

Florida traffic crash laws apply to these incidents, and the first step in the process is filing a claim with the at-fault driver’s insurance company. You might expect to fill out some forms and answer a few questions, so you may be surprised to receive a denial. Often, the insurer is justified in rejecting your claim due to mistakes, a situation you can avoid by retaining a Miami pedestrian accident attorney. Your claim may have been denied because:

There Was No Proof of Fault

September 15, 2022

Horrific Wrong Way Crash in Miami Kills Five Victims

by Gerson & Schwartz, P.A.

Several families remain in mourning after five victims were killed in a wrong-way crash in Miami on August 20, 2022, but they may soon see justice for the loss of their loved ones. According to Miami’s Local 10 News Channel, Florida Highway Patrol arrested the at-fault driver as he lay hospitalized for the injuries he sustained. The current charges are five counts of vehicular homicide, though FHP may add counts if it is determined that the man was impaired at the time of the collision. Officials stated that the wrong way accident occurred when the man was heading east in the westbound lanes of Palmetto Expressway around 4:30 a.m. He smashed head-on into a Honda sedan carrying the five victims, who were all pronounced dead at the scene.

After a fatal auto crash, family members typically have remedies under Florida wrongful death laws. However, there are certain factors in this recent collision that could create challenges, so retaining a Miami wrong-way car accident lawyer is essential. It is also helpful to review some information on the causes behind these horrific incidents.

Common Causes of Wrong-Way Auto Collisions

February 26, 2022

Swept Away: Hurricane Insurance Claims in Florida

by Gerson & Schwartz, P.A.

For better or worse, Florida has always had hurricanes. It is considered second nature to take steps to protect your property and your life, most often with insurance policies. However, sometimes the insurance company will not pay, or will not pay enough. After a hurricane, the last thing you need is an insurance dispute. If your insurer decides to dig in its heels, you need a Miami hurricane insurance lawyer on your side to help you fight for what you are owed.

An insurance policy is a contract. An insurance company that does not honor the terms of that contract is in breach. The term used for when an insurance company breaches the terms of their own policy is ‘bad faith,’ and more specifically, ‘first party bad faith.’ Florida codifies the law on first party bad faith issues in section 624.155 of the Florida Statutes; while other states recognize a common law cause of action for a breach of the “duty of good faith and fair dealing,” Florida residents must follow the steps in the statute.

The statutory standard is laid out in the jury instructions given at the close of a civil trial. An insured has a valid claim of bad faith when an insurance company fails to settle a claim, when, if it had been acting in a fair and honest manner, it ought to have settled. This is the standard that must be proven in court.

January 28, 2022

The Consequences of Distracted Driving in Florida

by Gerson & Schwartz, P.A.

Distracted driving is very dangerous and leads to numerous preventable accidents and deaths in Florida each year. In 2019, distracted driving resulted in 3,142 deaths nationwide. If you have been injured in Miami due to the negligence of a distracted driver, you may be able to pursue compensation for your losses. An experienced distracted driving accident attorney in Miami can help.

What is Distracted Driving?

Distracted driving is defined as engaging in any activity while driving that would take your attention away from operating your vehicle. It only takes one second to get into a major accident when you allow yourself to get distracted while driving. There are three major types of driver distractions, which are:

December 30, 2021

Your Child Was Injured on a School Field Trip in Miami: What Now?

by Gerson & Schwartz, P.A.

Field trips were a highlight of the school year when you were a kid, and many parents will remember their experiences fondly as they prepare to send their own children out on a learning-based excursion. The Florida Department of Education posted a publication on fun field trips, describing the high points at Zoo Miami, the Miami Children’s Museum, Amelia Earhart Pak, and many other South Florida attractions. However, there are certain risk factors involved with school field trips. A large group of children in a non-classroom setting, reliance on volunteers, and inherent dangers with certain outings increase the potential for accidents.

Learning that your child was hurt is overwhelming for a parent, leaving you bewildered about your rights and what to do next. Your first move should be contacting a Miami child injuries lawyer for legal help, but there are few tips that will help you get through the aftermath of a school field trip accident.

Seek Medical Care

April 30, 2021

Will Florida Repeal “No-Fault” Laws for Car Accidents?

by Gerson & Schwartz, P.A.

After years of debate, measures have moved forward in both chambers of the Florida legislature to repeal the state’s 50-year-old motor vehicle no-fault law. Senate Bill 54 has already passed, while companion House Bill 719 was approved in the committee stage on April 19, 2021. The proposed legislation has been the subject of some controversy among lawmakers, insurance industry experts, and consumer groups, who argue over how eliminating the no-fault law will affect insurance rates.

Under the current no-fault rule, if you were injured in a Miami car accident, you would seek compensation from your own insurance company through your Personal Injury Protection (PIP) coverage. If passed and signed by the governor, Florida would essentially become a so-called “at-fault” state: You would file a claim with the at-fault driver’s insurance company to obtain monetary damages after a collision.

Obviously, the elimination of no-fault principles is a major reversal of existing law and will have considerable implications if you were hurt in a motor vehicle crash. Here are some things to know as the bills move closer to passage.

April 16, 2021

Five Defensive Driving Tips That Help Prevent Miami Auto Collisions

by Gerson & Schwartz, P.A.

You would probably not be surprised to learn that many Miami car accidents occur because of a driver’s negligence. Common examples include those who speed, run red lights, use their cell phones, and engage in other unsafe acts behind the wheel. Though laws and public safety campaigns aim to deter this type of careless driving, you can expect that there will still be motorists who disregard the risks. According to the Insurance Information Institute (III), 90 people die and another 6,337 people are injured in motor vehicle crashes every day.

Many of these collisions can be prevented through the exercise of reasonable care, but you cannot always control what other drivers do on the road. You need to anticipate that you are sharing the road with dangerous motorists who put you at risk, and the best way to protect yourself is by engaging in defensive driving. This strategy goes a long way to reducing the potential for Miami car accidents, so keep the following in mind.

Focus on One Thing. When you are behind the wheel of a car, the only thing you should be concentrating on is safe operation of the vehicle. Eliminate all other distractions, so you are better able to detect and react to careless acts by other drivers. Even a split second matters in an auto crash.