Miami Accident Lawyer Blog

January 10, 2020

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

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

January 8, 2020

Direct and Indirect Costs for Victims of TBI

by Gerson & Schwartz, P.A.

You can expect any head or brain injury to come with sky-high medical bills, but some forms of trauma are so severe that the costs of treatment run into the millions of dollars. According to researchers at Northwestern University’s Feinberg School of Medicine, victims who suffer traumatic brain injury (TBI) could incur up to $3 million in health care costs over their lifetimes. Plus, there are many associated and indirect costs that you may not consider. When a person sustains TBI, the circumstances affect entire households, causing extreme emotional and financial losses in addition to the physical harm.

It may come as some relief to know that you may be able to recover compensation to cover these losses, and a Miami personal injury lawyer can advise you on the legal process. However, it is also important to review the direct and indirect costs of TBI, so you know the difficulties you could be facing.

Direct Medical Costs for Treating TBI

January 3, 2020

Beware When a Driver Refuses to Use Insurance After a Miami Car Accident

by Gerson & Schwartz, P.A.

It is no secret that your insurance rates could increase considerably when you are at fault in a motor vehicle crash. As such, you probably understand the other driver’s similar sentiment when he or she was negligent in causing a crash in which you were hurt. There is a strong temptation to resolve the matter without getting an insurance company involved, and that motorist’s offer may seem very attractive at the time. The problem with not going through the proper claims process is that you could put your rights at risk through various legal issues – which you are certainly not considering when the at-fault driver pulls out a checkbook.

A Miami car accidents attorney can explain the drawbacks of bypassing an insurance company after a vehicle crash, but you should be aware of the key pitfalls that could threaten your interests.

Reasons an At-Fault Driver Will Not Use Insurance: You can probably relate to some of the top reasons another motorist would refuse to exchange auto insurance information or suggest not calling the company about the crash:

January 1, 2020

Your First Meeting With a Miami Accident Lawyer: What to Bring

by Gerson & Schwartz, P.A.

Personal injury attorneys typically offer a no-cost initial consultation for accident victims, since they understand the financial implications and what you are going through after suffering injuries. Because your time is valuable, it is important to make this first meeting a productive one by being prepared. You do not want to create delays in pursuing your rights, especially when Florida has a four-year statute of limitations for cases involving negligence.

The key to success with an accident claim is evidence, especially all relevant paperwork associated with the accident, your medical treatment, and related issues. This documentation aids your Miami personal injury lawyer in evaluating your rights and remedies, and will guide the process of obtaining compensation for your losses. Therefore, here is a list of a few things to bring to your appointment.

All Medical Records

December 27, 2019

What is Florida’s 14-Day Law in Car Accident Claims?

by Gerson & Schwartz, P.A.

You may be familiar with Florida’s four-year statute of limitations on filing a car accident lawsuit, but you are probably not aware of another crucial deadline — the 14-day time limitation on getting medical treatment for your injuries. For some auto crashes, the deadline will not be an issue because you are badly hurt and need emergency care. However, for certain types of injuries, victims may not experience pain or other symptoms for quite some time – making the 14-day time limit an important factor.

A Miami car accident attorney can explain the laws and relevant legal concepts in more detail, but you can read on for some background information.

Overview of Florida’s Insurance Laws

December 25, 2019

Common Law Versus Statutory Duties of Miami Property Owners

by Gerson & Schwartz, P.A.

When you are hurt because of dangerous conditions on property, you may have legal options to recover compensation under the theory of premises liability. In general, this legal concept imposes a duty on owners to keep the property in a reasonably safe condition for those who enter upon it. If they breach this duty, they can be liable to pay monetary damages to an injured victim. The main issue in many premises liability cases is what acts or omissions would constitute a breach of duty.

At times, the breach may be a result of general negligence, but an accident may also occur because a property owner violated a law. The distinction matters, and a Miami premises liability attorney can explain why. You might also benefit from reviewing some of the basics regarding common law and statutory duties of property owners.

Legal Basis for Injuries on Dangerous Property

December 19, 2019

Why is it So Hard to Recover for Whiplash Injuries in a Miami Car Accident?

by Gerson & Schwartz, P.A.

Broken bones, cuts, abrasions, and burns are some of the most common injuries in a Miami auto crash, and they are certainly among the most obvious. However, there are other forms of trauma that can be just as devastating, but not as noticeable. Whiplash and other soft tissue injuries serve as examples, particularly since you may not even be aware that you were hurt until long after the collision. Under the circumstances, you may face challenges in recovering compensation from an insurance company. It is difficult to persuade an insurance adjuster that you deserve monetary damages for whiplash when the harm is seemingly invisible.

Still, because you could experience long-term health effects and complications, you should not give up on your claim for damages. Instead, you should retain a Miami car accidents attorney who can help with the legal hurdles.

Whiplash Often Involves Delayed Symptoms

December 17, 2019

Types of Compensation in a Miami Wrongful Death Case

by Gerson & Schwartz, P.A.

It is devastating to lose a loved one in an accident caused by someone else, but you might get a sense of relief knowing that you have rights as a surviving family member. Under Florida’s Wrongful Death Act, you could be eligible to seek compensation from the responsible person or entity. These claims are similar to other personal injury matters that involve negligence, since you must prove that careless actions were a direct result of the accident. However, wrongful death actions are unique in many ways, especially when it comes to the types of monetary damages you can recover.

While you should always trust a Miami wrongful death lawyer for assistance with any critical legal matters, you can read on to gain a better understanding of compensation in these claims.

Damages for Surviving Family Members

December 12, 2019

Examples of Comparative Negligence in Miami Car Accidents

by Gerson & Schwartz, P.A.

While it is true that some Miami car accidents leave no doubt in terms of who caused the incident, there are many others that are not so clear-cut. Most auto collisions involve multiple contributing factors about which motorist’s conduct was a primary or secondary cause, and Florida’s law on comparative fault addresses this type of situation. The statute states that your potential compensation in a motor vehicle crash claim may be reduced if your own actions are linked to the accident. Your monetary damages are decreased proportionally by the percentage of your fault.

In other words, you not only need to prove that the other driver was at fault – but you also need to present evidence that you were NOT, or that your contribution to the accident was minimal. A Miami car accidents attorney can explain the details, since contributory fault involves many of the same negligent acts you might allege against the other motorist. For instance, you could receive less in compensation if you were:

Speeding: When you are speeding, you have less time to react to traffic-related threats that can cause an accident. As such, even though the other driver may have been at fault by engaging in other careless actions, you could also contribute to the incident because you were traveling faster than what officials have set as the safe speed limit for that particular area.

December 10, 2019

How an Insurance Company Investigates a Miami Truck Accident

by Gerson & Schwartz, P.A.

When you file an injury claim after any type of motor vehicle accident in Miami, you know there will be an investigation into the causes and nature of your bodily harm. Insurers always carefully review the details before paying you, since the situation represents a loss for the company. If you were hurt in a truck crash, the basic process will be the same, but there are additional complications when you file a claim with the truck insurance company. The investigation will be far more detailed and intensive for a number of reasons.

Recovering from your injuries should be a priority after such an incident, so it is smart to rely on a Miami truck accident lawyer to handle the claims process on your behalf. Still, some information about how insurance companies investigate truck collisions may be useful.

Why Insurance Companies Investigate Truck Accidents