Miami Accident Lawyer Blog

February 17, 2021

Can I Recover Hospital Costs After a Miami Car Accident?

When you are injured in a Miami car accident, you could be seriously injured. Hospitalization may be the best route to ensure you receive essential treatment and can get on the way to recovery as soon as possible. Of course, you probably realize that the costs involved with a hospital stay can be considerable. According to Becker’s Hospital Review, Floridians pay almost $1,700 per day at a for-profit facility, while expenses at a nonprofit hospital could reach up to $2,300. By the end of your hospitalization, you could incur an astronomical amount for costs – which typically does NOT include separate bills from various health care providers.

Fortunately, you may be able to recover hospital costs after a motor vehicle crash, as well as other amounts for medical care and related losses. Your Miami car accidents attorney can explain how damages work and what you can obtain through the legal process, but some answers to common questions may also be informative.

Can I Recover Costs for Treatment at an Urgent Care Center?

February 12, 2021

Smart Train Technology and Implications for Deadly Miami Train Accidents

by Gerson & Schwartz, P.A.

Americans are surrounded by smart technology, from our phones and TVs to automobile safety features and home security. As such, you might not be surprised to know that these advancements have made their way to the railroad transportation sector. The Association of American Railroads (AAR) reported on some recent developments, which include a $26 billion annual investment in smart trains by companies and governments globally. The point is to enhance safety through technology, so these measures are welcome in Florida, which ranks sixth in terms of US railroad accidents.

Still, despite enormous investment to make trains smarter, accidents will remain a threat. You should discuss your circumstances with a Miami personal injury lawyer if you were hurt or lost a loved one, since you could qualify to recover compensation for your losses. It is also interesting to learn about the technology that shows promise in reducing the risk of collisions.

Train Accident Statistics

February 10, 2021

Three Reasons Florida Ranks #2 for Highest Car Insurance Rates

by Gerson & Schwartz, P.A.

When you discuss auto insurance rates with non-Floridians or look up costs in other U.S. states, one glaring fact becomes apparent: Florida residents pay far more for premiums, up to double compared to other areas. A recent Yahoo! Finance article confirms that Florida is ranked second on the list of most expensive states for car insurance in 2020, with motorists paying around $2,178 every year. There are many underlying factors, including the various types of coverage that are required by law or recommended reasons.

As frustrating as it may be to pay more for auto insurance, you do reap the benefits in many ways if you are involved in a crash. A Miami car accident attorney can help you maximize compensation for your losses, but you get a basic grasp on why Florida auto insurance is higher.

How Insurers Set Premiums

February 5, 2021

Recent Advancements Support Early Detection of Newborn Brain Trauma

by Gerson & Schwartz, P.A.

Possibly the most devastating news new parents will ever receive is a diagnosis that their infant suffered head injuries or traumatic brain injury (TBI). Various factors during gestation, during labor, and shortly after delivery can lead to serious, life-long medical conditions, including cerebral palsy, Hypoxic Ischemic Encephalopathy (HIE), or cognitive disorders. At such an early age, your newborn baby needs immediate and potentially extensive treatment. Limitations have impeded such efforts in the past, but a recently developed technology known as Magnetic Resonance (MR) Spectroscopy offers new hope for parents: This new scan could lead to detection of brain trauma in infants up to two years earlier than currently employed methods.

Though the MR spectroscopy cannot reverse the damage, it can inform physicians and parents regarding a life care plan for the child. In addition, the technology can be useful when you are seeking your legal remedies through a medical malpractice claim. You should discuss your options with a Miami birth injuries lawyer, but an overview of this brain scan may be useful.

Key Findings on Detecting Brain Trauma in Infants

February 3, 2021

Common Reasons Insurance Companies Deny Miami Auto Accident Claims

by Gerson & Schwartz, P.A.

Even when you take proper safety precautions, drive defensively, and follow all traffic laws, the risk of being involved in a car accident is still shockingly high. In reporting statistics for South Florida, the Department of Highway Safety and Motor Vehicles (FLHSMV) reveals that there are almost 212,000 auto collisions in Miami-Dade and Broward Counties every year. The death toll tops 1,000, while another 111,300 people suffer injuries. Fortunately, you have options under Florida law, so you may be able to recover compensation for your overwhelming losses.

There is more to the legal process than filling out a few forms and submitting them to the responsible driver’s insurance company. Insurers often deny claims by asserting defenses to liability, and these issues could even become the focus of litigation. You can trust a Miami car accident lawyer to develop a sound legal strategy, but it is important to know what defenses insurance companies may use to your detriment.

Statute of Limitations

January 29, 2021

How Bike Buffer Zones Protect Miami Bicycle Riders

by Gerson & Schwartz, P.A.

When the National Highway Traffic Safety Administration (NHTSA) reported back in 2012 that 726 bike riders were killed and another 49,000 individuals were injured in bicycle accidents across the U.S., South Florida officials took note. Just a few years later, Miami-Dade County unveiled its Protected Bike Lanes Demonstration Plan, which incorporates several designated bicycle lanes with so-called “bike buffer” zones intended to protect riders. Expanding the space between motor vehicles and bicycles has been proven to decrease collisions and save lives.

While there can be no doubt that bike buffer zones are effective, they will never entirely eliminate the risk of collisions with motor vehicles. A Miami bicycle accidents attorney can assist with your legal options if you were hurt, but an overview on protected bicycle lanes may help you protect yourself.

How Buffer Zones Protect Bicycle Riders

January 27, 2021

Triple Shooting in Miami: FAQs on Liability and Legal Issues

by Gerson & Schwartz, P.A.

The Miami-Dade County Sheriff’s Office continues to investigate the circumstances surrounding an early morning shooting that killed one man and injured two more at a local food market. According to an article in the Miami Herald, police received a report of shots fired in Miami’s Liberty Square neighborhood. Officers arrived at the neighborhood convenience store to find two injured men, one of whom died before EMTs arrived. Minutes later, officials received word that another individual – believed to be connected to the shooting – had arrived at a nearby hospital with a gunshot wound.

As details emerge on the causes and contributing factors behind the incident, victims and surviving family members may wonder about their legal rights regarding the shooting. If you were involved in a similar situation, you might also be considering your options. A Miami negligent security attorney can provide specifics, but answers to frequently asked questions about criminal activity on property may be helpful.

Do I Have Options Beyond Pressing Charges? While you may get closure through the criminal process, a conviction and jail time will not compensate you for your losses as a victim. Instead, you need to go through the civil lawsuit process to obtain damages for your medical costs, pain and suffering and other implications. Suing in civil court is separate from the criminal case in which the government is the plaintiff.

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 20, 2021

How Choice of Court Affects Miami Truck Accident Claims

by Gerson & Schwartz, P.A.

With I-95, Florida’s Turnpike, I-75, and many other heavily trafficked commercial access highways feeding into South Florida, it is no surprise that truck accidents occur frequently in the Miami area. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are around 8,700 crashes involving 18-wheelers, semis, delivery trucks, and other commercial vehicles every year in Miami-Dade County. These incidents lead to dozens of fatalities and injuries to almost 1,400 victims, many of whom have legal rights through a truck accident lawsuit.

However, one of the factors that makes truck collisions more complicated than other motor vehicle crashes is that victims have options in terms of which court to file suit. The issue is something you can trust your Miami truck accident attorney to handle, but you should be aware of some general considerations.

Factors Regarding Choice of Courts

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