November 16, 2022

Reasons Your Florida Pedestrian Accident Claim Was Denied

Sharing the road with larger, faster, motorized vehicles is risky when you are on foot, so it will probably not shock you to learn that pedestrian accidents can be devastating. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicate that there are more than 8,560 crashes involving people on foot annually. Of these, almost 37% occur in Broward, Miami-Dade, and Palm Beach Counties. Approximately 220 people are killed in South Florida pedestrian accidents, and thousands more are injured.

Florida traffic crash laws apply to these incidents, and the first step in the process is filing a claim with the at-fault driver’s insurance company. You might expect to fill out some forms and answer a few questions, so you may be surprised to receive a denial. Often, the insurer is justified in rejecting your claim due to mistakes, a situation you can avoid by retaining a Miami pedestrian accident attorney. Your claim may have been denied because:

There Was No Proof of Fault

October 17, 2022

What Causes Jackknife Truck Accidents in Miami?

by Gerson & Schwartz, P.A.

Interstates 95 and 75, the Florida Turnpike, and many other busy highways run through South Florida, and these routes carry heavy traffic from large trucks. Therefore, it is no surprise that crashes involving semis, 18-wheelers, tractor-trailers, and other commercial vehicles are common. According to the Federal Motor Carrier Safety Administration (FMCSA), there are more than 10,000 truck accidents yearly, causing 345 fatalities and injuries to almost 5,200 people.

Though any truck collision can cause serious harm, some types lead to massive destruction.

One of the most horrific scenarios with truck accidents is a jackknife, in which the trailer goes in one direction and the cab heads in the other. The result is an L-shape similar to a jackknife that skids sideways, taking down everything in its path. Florida law provides you with rights if you were hurt or lost a loved one, and a Miami jackknife truck accident attorney will handle the legal process. It is also helpful to understand how these collisions happen.

September 15, 2022

Horrific Wrong Way Crash in Miami Kills Five Victims

by Gerson & Schwartz, P.A.

Several families remain in mourning after five victims were killed in a wrong-way crash in Miami on August 20, 2022, but they may soon see justice for the loss of their loved ones. According to Miami’s Local 10 News Channel, Florida Highway Patrol arrested the at-fault driver as he lay hospitalized for the injuries he sustained. The current charges are five counts of vehicular homicide, though FHP may add counts if it is determined that the man was impaired at the time of the collision. Officials stated that the wrong way accident occurred when the man was heading east in the westbound lanes of Palmetto Expressway around 4:30 a.m. He smashed head-on into a Honda sedan carrying the five victims, who were all pronounced dead at the scene.

After a fatal auto crash, family members typically have remedies under Florida wrongful death laws. However, there are certain factors in this recent collision that could create challenges, so retaining a Miami wrong-way car accident lawyer is essential. It is also helpful to review some information on the causes behind these horrific incidents.

Common Causes of Wrong-Way Auto Collisions

August 9, 2022

Victims’ Remedies When Miami Businesses Ignore Criminal Activity

by Gerson & Schwartz, P.A.

As one of the largest cities in Florida in terms of population, Miami is no stranger to crime. In fact, according to statistics compiled by the Florida Department of Law Enforcement (FDLE), Miami-Dade County tops the list in terms of arrests, with more than 44,000 total arrests every year. Some involve minor misdemeanors, such as shoplifting, public intoxication, and disorderly conduct. However, many individuals are arrested for serious, violent crimes, including murder, aggravated assault, rape, and aggravated robbery.

You can take extra precautions to protect yourself, such as not walking alone at night and being alert about your surroundings. Still, there are places where you expect a certain level of safety, such as stores, restaurants, and other businesses. Owners have a duty to maintain safe premises, which may include implementing security measures in the presence of criminal activity. Unfortunately, some shirk their legal duty by ignoring crime. A Miami crime victims lawyer can advise you on legal options if a business owner failed to act in light of the following.

Reports of Criminal Activity

July 20, 2022

Camp Lejeune Contaminated Water Claims. What They Know & When They Knew It

by Gerson & Schwartz, P.A.

Camp Lejeune Contaminated Water Claims

Individuals who resided and/or worked at Camp Lejeune in North Carolina from August 1, 1953 through December 31, 1987 were potentially exposed to contaminated drinking water that can cause cancer and other serious health issues. The dangerous chemicals in the water, including benzene, trichloroethylene and vinyl chloride, are classified as cancer-causing drugs, and tetrachlorethylene is classified as probably carcinogenic. Since 1970, the National Trial Lawyers at Gerson & Schwartz have been helping injury and wrongful death victims.

To date, very few victims have been able to successfully recover damages for the harm they suffered from the contaminated water supply. However, the House of Representatives recently passed the Camp LeJeune Justice Act, which could provide relief and monetary damages to the hundreds of thousands of service members and their families and civilians that were exposed to the toxic water. If the bill passes in the Senate, the Act would allow anyone exposed to the contaminated water for at least 30 days and who suffered from one of the many adverse health conditions linked to the contaminated water to file a claim in the U.S. District Court for the Eastern District of North Carolina for their injuries. The Mass Tort Lawyers at Gerson & Schwartz PA can help. Send us an email to info@gslawusa.com. Contact a Mass Tort Lawyer for help with a contaminated water claims toll free at 877-475-2905.

June 24, 2022

Four Things to Know About Turo Accidents in Miami

by Gerson & Schwartz, P.A.

You know how popular the crowd-sharing business model is for people seeking accommodations, ride-hailing, e-scooter and bicycle sharing, and other services, so it should come as no surprise that the trend has hit the Miami rental car market. The leader in the field, Turo, was actually founded in 2009, so car sharing has actually been around for some time. For both renters and hosts, the tourism industry in South Florida is ideal. It is possible to get a good deal on the perfect car, truck, or van that suits your needs. Vehicle owners can supplement their income and make use of the extra cash.

However, just as legal issues emerged from other crowd-sharing services, there can be complications with renting through Turo if you are in a collision. There are multiple factors that can impact your rights, so it is smart to work with a Miami car sharing accidents lawyer who can assist with the process. Some information about liability, insurance, and other key topics in Turo crashes may also be useful.

Your Rights When Renting Through Turo

May 15, 2022

Where Do I File an Insurance Claim Under Florida’s No-Fault Car Accident Law?

by Gerson & Schwartz, P.A.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has established certain auto insurance coverage requirements for motorists, just like equivalent government agencies have done in every other US state. However, the laws provide a key difference that has a huge impact on the claims process after a car accident — no-fault liability. Just as the term suggests, this means you do not have to prove that the other driver caused the crash.

Through application of Florida’s no-fault auto insurance laws, the short answer to the question is: You file an insurance claim with your own insurer to obtain compensation for your losses after an auto collision. However, there are many additional details to know, especially since this first option is not the only one. By retaining a Miami car accident lawyer, you can take advantage of all legal remedies, which may mean higher monetary damages. An overview explains the basics.

Additional Details on Florida’s No-Fault Law

April 15, 2022

False-Positive Cancer Misdiagnosis: Extreme Risks of Care You Did NOT Need

by Gerson & Schwartz, P.A.

The very notion of cancer instills fear, uncertainty, and anxiety, so it is horrific to think about how often Florida health care providers commit serious diagnostic errors related to this disease. According to the National Institutes of Health (NIH), a missed cancer diagnosis represents around 46 percent of all mistakes in ambulatory care. The most common to be misdiagnosed include lung, colorectal, prostate, and breast cancers, so it is upsetting when a patient loses precious time that could have been dedicated to treating the disease.

However, not many people realize the implications with the other extreme: A Florida health care provider issues a false-positive cancer diagnosis. Learning that you do NOT have cancer might seem like a relief, until you realize what you went through physically, financially, and emotionally. Though you should count on a Miami diagnostic errors lawyer for details, an overview of the consequences of a false-positive cancer misdiagnosis is useful

Harsh Cancer Treatment

March 20, 2022

Tips to Protect Your Rights After a Florida Drugged Driving Crash

by Gerson & Schwartz, P.A.

Regardless of the decriminalization and legalization of pot in states across the US, NO jurisdiction has made it OK to drive while under the influence of marijuana. Unfortunately, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that a ban on drugged driving has not deterred motorists from getting behind the wheel while high. There are more than 100 crashes linked to drug and drug/alcohol use every year, leading to almost 50 fatalities and 100 injuries to victims.

Just like DUI, drugged driving is against the law because of the implications on a motorist’s ability to safely operate a vehicle. However, there are key differences with these cases when pursuing an at-fault driver for compensation. One of the most critical is the possible lack of evidence: Whereas you might have proof of BAC via a breathalyzer for a DUI collision, no at-the-scene tests exist to show drug consumption. You can rely on a Miami drugged driving accidents attorney to develop a strategy, but some tips are useful in overcoming this challenge.

What to Do After a Drugged Driving Crash

February 26, 2022

Swept Away: Hurricane Insurance Claims in Florida

by Gerson & Schwartz, P.A.

For better or worse, Florida has always had hurricanes. It is considered second nature to take steps to protect your property and your life, most often with insurance policies. However, sometimes the insurance company will not pay, or will not pay enough. After a hurricane, the last thing you need is an insurance dispute. If your insurer decides to dig in its heels, you need a Miami hurricane insurance lawyer on your side to help you fight for what you are owed.

An insurance policy is a contract. An insurance company that does not honor the terms of that contract is in breach. The term used for when an insurance company breaches the terms of their own policy is ‘bad faith,’ and more specifically, ‘first party bad faith.’ Florida codifies the law on first party bad faith issues in section 624.155 of the Florida Statutes; while other states recognize a common law cause of action for a breach of the “duty of good faith and fair dealing,” Florida residents must follow the steps in the statute.

The statutory standard is laid out in the jury instructions given at the close of a civil trial. An insured has a valid claim of bad faith when an insurance company fails to settle a claim, when, if it had been acting in a fair and honest manner, it ought to have settled. This is the standard that must be proven in court.

Miami Accident Lawyer Blog

Camp Lejeune Contaminated Water Claims