Personal Injury

November 13, 2020

Your Guide to the Stages of a Florida Personal Injury Case

If you were recently injured in a Miami car accident, slip and fall on property, or through other forms of negligence, you might currently be working with the responsible party’s insurance company to obtain compensation. Filing an insurance claim is typically the first step your Miami personal injury lawyer will take in such a case, followed by settlement negotiations with the insurer.

However, you may not be as familiar with what happens if the insurance company refuses to settle for a fair, reasonable amount: The civil litigation process that starts when you file a lawsuit in court. Suing the responsible party to recover monetary damages triggers an entirely different legal process, so you should become familiar with the key stages of your case.

Filing Documents to Initiate Litigation

October 28, 2020

Liability and Legal Issues in Miami Parking Lot Accidents

by Gerson & Schwartz, P.A.

There are safety threats you expect while driving around Miami, including motorists who speed, drive after drinking, run red lights, and engage in other careless acts. However, there are many other risks that you do not anticipate because they are present outside the typical roadway environment. Parking lot and parking garage car accidents are more common than you think, and they can lead to injuries far more serious than you would ever imagine. If you were injured in such a crash and see your losses mounting, you are probably wondering whether you have any legal recourse against the responsible driver.

In short, yes, you can pursue a negligent motorist for compensation after being injured in a parking lot crash. Your rights are the same as with any auto collision case, so you should seek legal help from a Miami car accidents attorney. Some information about the dangers of parking lot collisions may also be useful.

Parking Lot Accidents Caused by Driver Negligence

October 16, 2020

Five Questions to Ask Your Doctor After Being Injured in a Miami Car Accident

by Gerson & Schwartz, P.A.

Getting hurt in a car accident is an overwhelming, stressful experience and, unfortunately, it happens quite often around South Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, there have already been 76,269 motor vehicle collisions so far in Broward, Miami-Dade, and Palm Beach Counties in 2020. More than 27,000 people were hurt in these auto accidents, most of whom required medical care for minor, serious, or catastrophic injuries.

Getting treatment after an auto crash is definitely a priority for many reasons, but you support both your health and your legal rights when you ask your doctor the right questions about your care. A Miami car accidents lawyer can explain in more detail about the following questions and answers:

What is the extent of my injuries? Your doctor is the expert on medical issues, but you should at least get an overview of the nature and severity of your injuries. If you broke a bone in your arm or leg, make sure you know exactly which one. For back injuries, ask about the vertebrae that sustained trauma.

October 7, 2020

Renters Have Rights When Exposed to Mold in Miami Apartments

by Gerson & Schwartz, P.A.

Mold is an extremely dangerous environmental hazard that can cause a wide range of health issues and, unfortunately, it affects more homes than you might expect. ComfyLiving.net, an online resource for home décor, renovations, and trends, reports that an estimated 70% of all homes in the US have at least some traces of mold. Due to its attraction to warm, humid environments, mold is a grave concern for residents of Miami – especially renters in apartment buildings who have limited control over common areas and trust their landlords to tackle maintenance and repairs.

If you suffer from a medical condition that you think is linked to dangerous mold in your apartment complex, you may have options for recovering compensation. Time is of the essence with these cases, so retain a Miami premises liability lawyer asap for help with the legal issues. You should also familiarize yourself with mold infestations and your rights.

Dangerous Mold and Implications for Your Health

October 2, 2020

National Teen Driver Safety Week

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) conducts many different public awareness campaigns throughout the year, and an upcoming event should be of particular interest to parents of younger motorists. National Teen Driver Safety Week runs from October 18-24, 2020, a week during which the NHTSA reminds parents to have conversations with their kids about critical safety rules. The statistics should convince you of the importance of such discussion:

Car accidents are the #1 cause of death for US teens aged 15-18 years old;
In 2017, 2,247 people were killed in accidents involving a teen driver – of which 755 fatalities were the teenaged motorist; and,

September 25, 2020

What is More Dangerous: Drunk or Distracted Driving?

by Gerson & Schwartz, P.A.

DUI and drugged driving have ranked as a top cause of car accidents for decades, but another threat that is almost as dangerous has been making headlines for the last few years — distracted driving. The National Highway Traffic Safety Administration (NHTSA) reports that 2,841 drivers, passengers, pedestrians, and bicyclists were killed because of distracted driving in 2018. That figure is far less than the 10,511 victims who died in drunk driving crashes, but the trend is still cause of alarm. Any time a motorist is texting, talking on the phone, eating, adjusting the radio, or engaged in other tasks, there is a risk of a serious collision.

Though DUI crashes may lead to more fatalities, it is still worth looking at additional statistics on the dangers and how distracted driving causes Miami car accidents.

Statistics Comparing Drunk and Distracted Driving

September 18, 2020

Right of Way Violations and Miami Car Accidents

by Gerson & Schwartz, P.A.

Whether you just got your driver’s license or have had it for years, there are some rules of the road that are so basic you will never forget. Come to a full stop on red, always use your turn indicator, never pass in a no-passing zone, and other regulations listed in the Florida Driver License Handbook are ingrained in the memories of most motorists. However, there is one source of confusion about one key point in state traffic laws: Right of way – who has it, who does not, and who is at fault when a violation leads to a crash?

The answers to these questions are far from clear, which is why it is critical to retain a Miami car accident lawyer to protect your rights if you were involved in a collision. Some general information can help you understand the basics about right of way and your legal options.

What “Right of Way” Means

September 16, 2020

Post-Accident Physical Therapy can Improve Your Health and Protect Your Rights

by Gerson & Schwartz, P.A.

If you were injured in a car accident, your health care providers may engage in numerous different strategies to assist with the recovery process and ease your pain. However, besides undergoing surgery and taking pain medication, your doctor may recommend physical therapy to get you back to health. This continuing treatment involves regular appointments with a practitioner to safely return your body to its pre-accident physical state, so it is important from a well-being standpoint.

In addition, sticking with your doctor’s orders for physical therapy is also important for your legal rights. You may not think about it as an important factor, but skipping an appointment could affect your compensation. Trust a Miami personal injury attorney to handle the legal side of your claim, but some general information may be helpful.

Physical Therapy Can Speed Recovery

September 11, 2020

Six Things to Do After an Auto Crash in Heavy Miami Traffic

by Gerson & Schwartz, P.A.

Being involved in a car accident is always frightening, but you could feel overwhelmed if the auto crash occurs in the heavy traffic of Miami streets. Unfortunately, these incidents are becoming more common. According to the National Highway Traffic Safety Administration (NHTSA), the number of collision fatalities in urban areas has risen considerably over the last 10 years, and has surpassed the number of deaths from rural accidents every year since 2016.

Despite the chaos and vehicles speeding around you, it is essential to take proper precautions after a Miami car accident. Getting necessary medical care should be a priority, but other important considerations include:

Take a Deep Breath: If you are not knocked unconscious by the impact of the crash, your heart may be racing and your adrenaline skyrocketing. Your first instinct might be to jump out of the car out of a combination of aggravation, anger, and frustration. It is important that you do NOT act on this instinct, as you could be putting yourself in grave danger from the traffic coursing around you. Instead, take a deep breath, and then do a quick check to determine whether you are hurt and how badly.

August 21, 2020

Proving a Miami Texting and Driving Car Accident Claim

by Gerson & Schwartz, P.A.

Many US states have taken action against the dangers of texting and driving by enacting statutes that make certain types of cell phone use illegal while a driver is operating a vehicle. Florida’s approach is contained within the Florida Ban on Texting While Driving Law, which took effect in July 2019. Police now have primary enforcement to pull over a motorist if they observe violations of the law, and there are penalties for getting a ticket. However, if illegal cell phone use is linked to an injury-causing accident, victims cannot always rely on law enforcement observations when pursuing their right to compensation. Unlike a drunk driving accident where the motorist’s chemical rests reveal a blood alcohol content over the legal limit, there are issues of proof with a distracted driving crash.

You cannot expect the responsible driver to admit to texting, so you – through your Miami car accidents attorney – will need to explore other options to get essential evidence. An overview of the key issues may help you understand the importance of proof in texting and driving collision claims.

Florida Law on Texting While Driving