Miami Accident Lawyer Blog

October 30, 2020

Do Premises Liability Laws Apply to Fatal Shooting in South Florida Parking Lot?

Two assailants will face multiple criminal charges after a robbery and assault led to the shooting death of a 23-year-old man in South Florida. The Miami Herald provided some details in an October 19, 2020 article, reporting that surveillance cameras at a Walgreens captured the details of the incident. The video footage shows that the victim and a teenaged companion were inside the store when a motorist entered the parking lot and strategically positioned his vehicle with a view to the victim’s car. As the pair inside the store exited and walked to their own vehicle, two assailants emerged from their car and assaulted the victim and teenager. One suspect shot the victim, and both perpetrators fled the scene.

Law enforcement continues to investigate and will pursue criminal charges against the suspects, but the victim’s surviving family members may also have legal remedies under Florida law. A Miami personal injury attorney can explain how the concepts of premises liability and wrongful death apply in such a case, but an overview may also be helpful.

Comparing Florida Premises Liability and Wrongful Death Laws

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 23, 2020

How Early Detection of Brain Injury Progression can Affect Personal Injury Claims

by Gerson & Schwartz, P.A.

Traumatic brain injuries (TBI) are among the worst, most catastrophic forms of bodily harm a victim can suffer in an accident, especially since the consequences and complications can be long term. The implications can range from minor neurological issues to post-traumatic stress disorder (PTSD) to extreme cognitive impairment. If you or a loved one suffered TBI in an accident, you may be pleased to learn that researchers from the National Institute of Nursing Research (NINR) have developed a predictability tool that can identify patients who may experience future neurological decline. With this information, you can work with your health care providers to develop a plan of care.

However, the predictive technology may also support the pain and suffering component of your compensation in a personal injury claim. A Miami catastrophic injuries attorney can explain in more detail about how the NINR findings are a positive development for victims of TBI.

Overview of the NINR Study and Findings

October 21, 2020

Miami Truck Accident Statistics Reveal the Dangers for Motorists

by Gerson & Schwartz, P.A.

There can be no question that truck accidents lead to devastating loss of life, but you may not realize the extent of the problem until you have statistics to put things into perspective. In its Traffic Crash Facts 2018, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported that there are more than 16,000 large truck collisions in Broward, Miami-Dade, and Palm Beach Counties every year. For injured victims and their families, the physical, financial, and emotional losses are overwhelming.

If you were hurt or lost a loved one in a crash involving a semi, 18-wheeler, or other large truck, Florida law does provide you with options. You can rely on a Miami truck accidents attorney to assist with the legal process and help you recover fair compensation for your losses. Some additional truck crash statistics shed light on the severity of these incidents.

Summary of South Florida Truck Crash Statistics and Trends

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 14, 2020

Should I Settle a Miami Wrongful Death Case?

by Gerson & Schwartz, P.A.

It is never easy to say goodbye to a loved one who died in an accident, especially when someone else was at fault for causing that death. Your grief may soon turn to shock when you realize the full extent of the losses left behind by your family member’s passing. With the victim no longer around to contribute financial support, love, guidance, and other benefits, you may feel helpless.

Fortunately, you do have options to pursue the responsible party through a Florida wrongful death claim. It may be possible to recover compensation by filing an insurance claim and, in some cases, you may be able to work out a settlement instead of going to court. You should trust the details to your Miami wrongful death attorney, but you might consider the following benefits.

Settling Brings Certainty

October 9, 2020

Electronic Evidence as Proof in Miami Car Accident Cases

by Gerson & Schwartz, P.A.

Traditional evidence may only go so far in a Miami car accident case, since there can be credibility issues, subjectivity or bias, difficulties with collecting items at the scene, and many other challenges. Plus, in a fatal auto crash, the victim is not around to provide details on what circumstances led up to and caused the incident. If you are an injured victim or surviving family member of someone killed in a collision, you might feel helpless about the evidence you have to support your claim for compensation.

Fortunately, there are other options that can fill the gaps – or even provide more solid evidence regarding the crash. Most recent auto models are equipped with electronic data recorders (EDR) that may give you an advantage with proof, and your Miami car accidents attorney can explain in more detail. Some basics may also be informative.

Overview of EDR Functions

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 30, 2020

Anticipating Traffic can Prevent Motorcycle Accidents in Florida

by Gerson & Schwartz, P.A.

Motorcycle riding is a year-round activity in South Florida; you are lucky to be able to enjoy your favorite activity in any season here. However, sobering statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal the risks of serious motorcycle accidents as compared to other types of motor vehicle crashes. According to the report on Traffic Crash Facts for 2018, there were 291 total fatalities due to traffic collisions in Miami-Dade County; of these, 50 deaths were motorcycle riders – more than 17%. The reason for this skewed figure is certainly obvious: When an auto collides with a motorcycle, the rider on the two-wheeled vehicle will sustain the greatest impact.

As a result, you want to do everything you can to avoid being involved in a motorcycle crash. One recommendation is becoming a rider who anticipates various scenarios, rather than relying on other motorists to follow the rules of the road. You should work with a Miami motorcycle accident attorney if you are injured in a collision, but some tips may help you avoid becoming a victim.

Be Ready for the Worst Case Scenario