Personal Injury

March 12, 2021

Three Things About Pre-existing Conditions Miami Car Accident Victims Need to Know

Like most other personal injury matters, Miami car accident claims fall under the umbrella of negligence when it comes to recovering compensation. You need to prove that the other motorist’s careless actions were the direct cause of the auto crash in which you were injured. If there were other intervening circumstances or factors, you usually will not be able to obtain monetary damages because the causation element is missing. In some vehicle collision cases, a pre-existing medical condition is exactly the sort of intervening issue that could impact compensation.

Still, there are exceptions to this default rule and strategies through which you can recover monetary damages despite the existence of a pre-existing medical condition. You will need a Miami car accident lawyer for assistance with overcoming challenges, but a few points should help you understand the basics.

It IS possible to recover for exacerbated injuries. A key exception to the rule regarding pre-existing injuries will allow you to obtain compensation, but only if the motor vehicle collision makes your condition worse. The classic example is when a victim suffered a broken bone in the past. Even though it has healed, the affected area remains weaker than the surrounding bone material – making it more susceptible to breaking again from the impact of an auto crash.

March 10, 2021

Uptick in Uber, Lyft Traffic May Increase Risk of Miami Car Accidents

by Gerson & Schwartz, P.A.

For years, Uber and Lyft drivers have relied on their respective apps to match them with passengers needing a ride. When signing into the mobile app and frequenting the most popular spots for ridesharing services around Miami, these transportation network company (TNC) drivers could maximize their earning potential simply by making themselves available. However, a new app could soon change this workflow and help ridesharing drivers increase earnings: Gridwise incorporates technology that collects data on passenger trends and identifies key metrics to predict when and where Uber/Lyft can make the most money.

While this is excellent news for TNC drivers, an uptick in traffic can also lead to a higher risk of auto collisions. There are multiple factors at play, all of which combine to create a potentially dangerous situation. You should talk to a Miami ridesharing accident attorney about your legal options if you were hurt, and read on for some of the basics.

Implications of Increased Uber and Lyft Traffic in Miami

March 5, 2021

Avoid Distracted Driving to Prevent Car Accidents in Miami

by Gerson & Schwartz, P.A.

After years of public awareness campaigns and enactment of numerous Florida laws prohibiting interaction with telecommunications devices, Miami drivers are well-aware of the dangers of using a cell phone behind the wheel. Specifically with regards to texting, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) points out that there are three areas that impact safe driving:

Visual, where you take your eyes of the road and vehicle systems;
Manual, since your hands are not on the steering wheel where they belong; and,

March 3, 2021

What if the At-Fault Driver Was Not Ticketed After My Miami Car Accident?

by Gerson & Schwartz, P.A.

While the majority of Miami car accidents are linked to careless acts by drivers, the most common root cause of these incidents is violations of Florida Rules of the Road. Traffic laws are well-known to all motorists, so they are aware of their legal duties. When they do not comply with regulations aimed at keeping people safe, drivers put other road users at risk. If you were hurt in such a collision, you probably expect that the at-fault motorist will be ticketed, and you can use this information to support your claim.

However, you might be surprised to find that drivers often do not receive a traffic citation after a crash. You probably wonder about your rights under these circumstances, so trust a Miami car accident lawyer to explain how the laws work. Some general information may also help you understand the relevant concepts.

Traffic Tickets are Separate From Civil Remedies

February 24, 2021

3D-Printed Prosthetics Offer Hope to Miami Car Accident Amputees

by Gerson & Schwartz, P.A.

You probably cannot imagine living without an arm, leg, or hand after losing a limb in an accident, but there are many people in Florida and nationwide who face challenges every day due to amputation. The Amputee Coalition reports that nearly 2 million individuals live with limb loss in the US, almost half of which suffered their injuries through auto crashes, truck collisions, motorcycle accidents, and other related trauma. Another 185,000 amputations add to that total every year, and more than 83,000 of them are linked to personal injury accidents.

Sadly, many leg amputees have limited options for artificial limbs; the prosthetics that are available can be extremely expensive, impractical, and unattractive. However, there is hope if you or a loved one lost a limb: The latest advancements in 3D printing are now producing the next generation of prosthetic legs. In some cases, you may even qualify for compensation to cover the costs, and a Miami catastrophic car accident injuries lawyer can explain in more detail. An overview of 3D printed prosthetics may also be useful.

Lower Cost Makes 3D Printed Prosthetics Accessible

January 22, 2021

Non-Phone Distracted Driving and Miami Car Accidents

by Gerson & Schwartz, P.A.

The dangers of distracted driving are not new to motorists in Miami and throughout the US, claiming the lives of more than 2,800 people every year – including drivers, passengers, pedestrians, bicyclists, and other road users. Motorists who text, talk on the phone, post to social media, and engage in other cell phone use remain a threat. However, it is worth noting that the National Highway Traffic Safety Administration (NHTSA) classifies many other activities under the umbrella of “distracted driving.” Any activity that diverts attention away from operating the vehicle could be a factor in a car accident.

As such, you should be aware of numerous forms of distracted driving that do NOT involve cell phone use. You can avoid Miami car accidents by avoiding these activities yourself – and steering clear if you observe other motorists engaging in risky behaviors behind the wheel.

Eating and Drinking

January 15, 2021

When Florida Workers’ Comp is NOT Your Sole Remedy for Work-Related Injuries

by Gerson & Schwartz, P.A.

Any workplace in any industry can be dangerous for workers, so it is a relief to know that Florida workers’ compensation laws exist to protect your interests if you were hurt in a work-related accident. Fortunately, the system is one of no-fault, so you do not need to prove that your employer was negligent or somehow responsible for causing the incident. If you qualify, you can start receiving your monetary benefits promptly. However, there is a caveat: Filing a workers’ comp claim is your sole remedy, and you are barred from seeking damages in civil court.

This is a significant drawback in certain situations, but you should note that there are exceptions to the exclusive remedy rule. You could open the door to civil litigation – and significant advantages – if you fall within one of them, and a Miami workplace injury lawyer can advise you on the specifics. An overview of the basic legal concepts may also be useful.

Exceptions to Workers’ Comp as Sole Remedy

January 13, 2021

Miami Car Accidents: Special Considerations for Pregnant Women

by Gerson & Schwartz, P.A.

Driving is among the riskiest activities you do on a daily basis, but – unlike other things you avoid while pregnant – it is a necessity for personal and professional reasons. Unfortunately, while you are just as likely to be involved in a car accident as other Miami motorists, you and your baby are at extreme risk of serious injuries because of your vulnerable condition. According to Safe Ride 4 Kids, an organization dedicated to preventing injuries and deaths to children in auto collisions:

Automobile collisions are the single largest cause of death for pregnant mothers; and,
Motor vehicle accidents are the top cause of traumatic fetal mortality.

January 8, 2021

The Miami Project to Cure Paralysis: Statistics on Spinal Cord Injuries

by Gerson & Schwartz, P.A.

The spine takes on numerous functions in the human body, as it provides support and structure while also enabling flexibility and mobility. It also has the important job of protecting the spinal cord from injury, but the solid bones of the vertebrae cannot withstand extremely powerful trauma. The Miami Project, an investigative research program targeting spinal cord injuries, reports that there are around 249,000 to 363,000 people in the US currently living with complications from spinal cord trauma. Plus, another 17,730 victims add to these figures every year.

While the physical pain can be excruciating, you may experience losses you never even imagined if you or a loved one suffered a spinal cord injury. Therefore, you should discuss your legal options and remedies for recovering compensation with a Miami spinal cord injury lawyer. Some additional statistics and legal overview may also be helpful.

Top Causes and Statistics on Spinal Cord Injuries

January 6, 2021

Get Immediate Medical Care for These Accidental Injuries

by Gerson & Schwartz, P.A.

Whether you were hurt by an auto crash, slip and fall, or other accident, being injured sends you into a state of confusion. You might not feel extensive pain, but you can probably tell that your body endured significant trauma. Under the circumstances, the first questions that cross your mind are whether you need medical care and where to go for treatment. While the Mayo Clinic description on the differences between emergency rooms and urgent care facilities may guide you on one issue, you might be stumped about the other.

The conundrum is a common one, since many accident victims may hesitate when they are not sure about the nature of their injuries. On this point, you should definitely seek immediate medical care for the following injuries so you can get on the path to recovery quickly. Plus, your decision making on treatment could affect your rights for reasons a Miami personal injury lawyer can explain in more detail.

Traumatic Brain Injuries (TBI): Because they can be serious even without prominent symptoms, medical care is essential if you suffered a head injury. If you lost consciousness because of the accident, urgent treatment is even more important to assess the full extent of your head injuries.