Miami Accident Lawyer Blog

February 12, 2020

What to do if an Insurance Company Asks for Medical Records

When you are hurt in an accident and want to seek compensation from the responsible person or entity, you will typically file a claim under an auto, business, property, or other insurance policy. Because the nature of your injuries is a key factor in getting monetary damages, you can expect that the insurer will want to see your medical records. On its face, this does not seem like an unreasonable request, so you may think there is nothing wrong with providing them.

However, the exact opposite is usually true. You could be making a huge mistake that has extensive, negative implications for your rights. Instead of discussing the issue with the insurance company directly, you should trust a Miami personal injury attorney to deal with an adjuster. After reviewing the information below, you will understand why.

Reasons You May be Asked to Provide Medical Records

February 7, 2020

Driving with a Pet: Unexpected Cause of Miami Car Accidents

by Gerson & Schwartz, P.A.

Dogs are a part of the family in South Florida more than ever, which means many drivers take Fido along when they are traveling or making short trips around Miami. While it might seem adorable to see motorists petting furry friends and allowing them to sit in their laps, the truth is that these people are creating a serious safety risk. The comparison to the distracted driving dangers involved with talking, texting, and other cell phone use is very real.

Still, there are few laws or regulations covering the topic across the US. Florida has yet to take legislative action, so you can be sure drivers will continue to operate their vehicles under such risky circumstances. Fortunately, you do have rights if you are injured in a Miami car accident, so some background information may be helpful.

Comparing the Dangers of Cellphone Use to Driving with a Pet

February 5, 2020

Victims’ Rights for Injuries at Apartment Complexes

by Gerson & Schwartz, P.A.

Miami apartment living comes with many different conveniences and perks that residents find attractive, including access to a pool, fitness center, parking facilities, and other amenities. For some, one of the best benefits is having a landlord or property management company handle repairs and maintenance. There is a certain sense of comfort that comes with not being responsible for these issues, since you know that the overall costs are covered as part of your rent.

Of course, on the other side of things, your landlord’s responsibilities are also a critical component of the relationship. When those in control over apartment complexes do not live up to their legal obligations, their failures put residents, guests, and visitors at risk of serious injuries. A Miami slip and fall accident lawyer can explain your legal remedies if you were hurt, but some background information may be useful.

Liability for Dangerous Conditions

January 31, 2020

Timeline of a Miami Car Accident Case

by Gerson & Schwartz, P.A.

One of the most common questions prospective clients ask Miami car accidents attorneys is how long it will take to resolve an injury claim and receive payment as compensation for their losses. For a number of reasons, it is difficult to provide an exact answer. There are too many variables involved, and every case is unique. The only constant in terms of the duration of a case is Florida’s statute of limitations, which requires you to file a lawsuit in court within four years after the date of the auto crash.

Still, a timeline is a useful way of explaining the different phases, and it can serve as a framework of how long a car accident claim will take. Though the details may vary, there are five key steps involved.

Medical Care

January 29, 2020

How do I Prove a Wrongful Death Case in Florida?

by Gerson & Schwartz, P.A.

When you are trying to cope with the grief and massive losses after losing a family member in an accident, it is comforting to know that you may be able to recover monetary damages under Florida’s wrongful death statute. The law is intended to compensate the victim’s loved ones for the losses they suffer, since they are indirect victims of such a tragedy. Of course, you probably realize that you must meet certain legal requirements to establish your rights. Under the circumstances, you probably wonder how you can provide essential evidence when the decedent is not around to offer it.

Fortunately, the relevant laws provide for such a situation. While you should entrust your case to a Miami wrongful death lawyer, you should understand the importance of proof-related issues.

Basic Elements of a Wrongful Death Case

January 24, 2020

Three Questions to Answer When Filing a Miami Car Accident Claim…and Three to Avoid at All Costs

by Gerson & Schwartz, P.A.

When you have been hurt in a Miami car accident, you are probably aware that recovering compensation for your losses starts with filing an insurance claim. Once you submit the initial paperwork, you can expect a call from the responsible driver’s insurer, since the company will want information regarding the crash, your injuries, and related details. Because you know that Florida law imposes a four-year statute of limitations, you are probably eager to get this discussion out of the way.

While the adjuster may seem friendly and helpful during the conversation, you should note that this person is NOT just seeking basic information to get payment to you quickly. Instead, the insurance company’s employee is trying to figure out strategies to deny your claim. Because of the implications for your rights, it is best to have your Miami car accidents attorney handle the discussion. Still, you should be familiar with some of the questions the adjuster might ask.

Avoid Responding to Questions That Affect Your Rights

January 22, 2020

What to do if You Were Hurt in a Miami Cruise Ship Accident

by Gerson & Schwartz, P.A.

Travel, tourism, and destination online guide Oyster published an article on the 9 Worst Cruise Ship Disasters, which covers incidents from the RMS Titanic to the Costa Concordia in 2012. However, not all cruise ship accidents make headlines; in fact, many of these stories are brushed under the proverbial rug as cruise lines attempt to minimize incidents and avoid damaging their reputations. Still, accidents that cause injuries for passengers are common, ranging from a slip, trip, or fall, to shore excursion incidents, sexual assault, and other criminal acts.

If you were hurt under such circumstances, you might be bewildered about what to do next. The top priority is seeking medical attention for your injuries, but you need to be cautious about your next steps. From the moment of the accident, cruise companies are already planning their defense so they will not have to pay your claim. As such, you should contact a Miami cruise ship accident attorney at the first possible opportunity. In the meantime, follow these steps to protect your interests.

Report the Accident: After you receive proper medical care, you should notify the appropriate crew members regarding the incident. This action preserves your right to file a claim for monetary damages under applicable international maritime laws. If you fail or delay in reporting the accident to officials, you may not qualify to recover compensation.

January 17, 2020

Do Backup Cameras Really Decrease the Risk of Car Accidents?

by Gerson & Schwartz, P.A.

Backup cameras have been lauded both for their convenience in parking and because they may reduce the risk of injury-causing accidents, especially for drivers of SUVs. The National Highway Traffic Safety Administration (NHTSA) has required these video features among other Driver Assistance Technologies since May 2018, citing statistics that show around 300 people are killed and another 18,000 are injured every year by motorists who back into them.

It is hard to think that there could be a downside to rearview video systems (RVS), but there are pros and cons involved with the technology. Backup cameras do not completely eliminate the potential for collisions, which is why it is important to talk to a Miami car accidents attorney if you were hurt under such circumstances. You might also find it helpful to read up on some important information.

The Pros of Backup Cameras

January 15, 2020

As Surviving R. Kelly Part II Premieres, Sexual Assault Civil Cases Proceed

by Gerson & Schwartz, P.A.

Just a year after the first season shocked and appalled viewers who got a glimpse into the disturbing world of hip-hop artist R. Kelly, the latest installment of Surviving R. Kelly Part II: The Reckoning began airing its second season on the Lifetime Network. Entertainment Weekly covered the story in a January 6, 2020 article, revealing some of the key updates and developments that occurred over the last 12 months. The performer is now facing 21 counts of sexual assault and abuse at the state level, along with a federal indictment that includes 13 counts of sex crimes.

In addition, many survivors of R. Kelly’s alleged sexual assault are taking legal action in civil court to recover monetary damages for their losses. A Miami personal injury attorney can explain how these cases work, the ways they differ from criminal matters, and why various hurdles could affect your rights.

Legal Liability in Sexual Assault Civil Claims

January 10, 2020

Grace Period Ends: Will Florida’s Hands-Free Law Prevent Miami Car Accidents?

by Gerson & Schwartz, P.A.

Every new year brings new laws in Florida, and 2020 is no different. A Miami Herald article dated December 31, 2019 described several key pieces of legislation that became effective on January 1, from an increase in the smoking age to a higher minimum wage. The article also pointed out that police would be stepping up enforcement of the state’s hands-free driving law. As you might recall, legislators passed the measure for an effective date of July 2019, but there was a grace period to allow motorists to get used to following it. As of the first day of 2020, officers would no longer allow drivers to get away with certain forms of cell phone use while operating a car.

Still, there will always be people who do not comply with the law, so the threat of distracted driving auto collisions is still very real. You should talk to a Miami car accidents attorney if you were hurt in such an incident, but read on for an overview of the relevant legal concepts.

Summary of Florida’s Hands-Free Law