Miami Accident Lawyer Blog

September 26, 2019

Notice in Florida Premises Liability Cases

If you were hurt because of dangerous conditions on property, your claim falls under a theory called premises liability in Florida. By proving certain facts, you can recover monetary damages for your injuries, including your medical bills, lost wages, pain, suffering, and many other losses. While each element of a premises liability case is equally important, the issue of notice or knowledge of the hazard is one of the most disputed. A property or business owner can use this element to fight your claim, in which case you may not recover any compensation. A Miami premises liability attorney can describe the key legal issues, but you may find it useful to check out the overview below.

Basic Elements of a Premises Liability Case

To succeed in a claim for premises liability, you must prove that:

September 24, 2019

Top Vehicle Safety Features can Prevent Florida Car Accidents

by Gerson & Schwartz, P.A.

Once a vision for the future, self-driving cars are actually not too far away as auto makers continue to test and develop vehicles that could be in every US garage in a few years. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that automated safety technologies have already evolved to stage four within the Five Eras of Safety: Self-parking cars and traffic assist.

Convenience may be an attractive feature for drivers, but the primary focus of these technologies is safety. Automation cannot entirely eliminate the potential for fatal and injury-causing accidents in Miami, but you might look for some of the key accident prevention technologies the next time you are car shopping.

Lane Departure Warning

September 19, 2019

Tips on Dealing with an Insurance Adjuster After a Florida Car Accident

by Gerson & Schwartz, P.A.

Dealing with an insurer’s claims adjuster may be the last thing on your mind after suffering injuries in a Miami auto crash, but you can expect the phone to ring in the days that follow. Though you may view the conversation as an annoyance, keep in mind that it is a necessary part of the process when you are filing an injury claim. Typically, the insurance adjuster will be seeking information regarding fault and the severity of your injuries, so what you say – and DO NOT say – is critical. It is always important to seek the advice of a Miami car accidents attorney before you answer the call, but you may find some tips to be useful.

Be Calm and Courteous

Start things off on the right foot, even if you are angry, anxious, or frustrated. You should stay calm during the conversation and be polite. The person on the other end of the call is just doing his or her job, even if you do have opposing interests in the claim.

September 17, 2019

Proposed Bills May Affect Victims of Florida Truck Accidents

by Gerson & Schwartz, P.A.

Truck accidents are an unfortunate reality in Florida and across the US, as motorists frequently share the road with semis, box trucks, and other commercial vehicles. Based upon the difference in size, it is typically the occupants of the smaller vehicle who will suffer the most severe, potentially catastrophic injuries. However, two pieces of federal legislation recently introduced in Congress seek to reduce the frequency of deadly truck crashes and extend protections for victims. TruckingInfo.com, an online resource for trucking professionals, summarized the details of the measures that raise insurance coverage and require new safety features for trucks.

Both bills remain under consideration, with opponents in the trucking industry decrying the cost and proponents emphasizing the implications for safety. Regardless, even if they both pass, the laws are no guarantee of eliminating crashes. A Miami truck accidents lawyer can assist with your claim if you were hurt, but an overview of the proposed legislation is helpful.

The INSURANCE Act

September 12, 2019

Your Post-Accident Journal as the Victim of a Florida Car Crash

by Gerson & Schwartz, P.A.

Besides hiring a Miami car accident attorney, one of the most important things you can do as the victim of a crash is to start a journal regarding your experiences. You will face considerable challenges in attempting to recover compensation through an insurance claim, since you can expect the adjuster to dispute everything from fault to the nature of your injuries. Having your own documentation enhances your credibility, provides support for damages claim, and helps your lawyer fight for your rights. Plus, a diary can also serve to refresh your memory regarding details you may not be able to recall.

Here are a few items to include when starting your post-accident journal.

Details Regarding the Accident

September 10, 2019

What is New in E-Scooter Liability and Laws

by Gerson & Schwartz, P.A.

Take a stroll through Downtown Miami or other major US cities, and you are bound to see that more people are getting around on a new form of transportation — electric scooters, or e-scooters as they are called by service providers Bird and Lime. These vehicles have been on the streets of Miami since April 2019 under a six-month pilot program, but e-scooters have raised considerable controversy in other locations where they are operating on a more permanent basis. The latest from Consumer Reports reveals that eight people have died and another 1,500 riders have been injured across 47 cities since e-scooter services launched in late 2017.

E-scooter accidents are a relatively new area of law, so it is important to trust a Miami personal injury lawyer to handle the legal details if you were hurt. Meanwhile, there are some important points to note about e-scooter liability.

Safety Measures are Not Enforced

September 5, 2019

The Extreme Nature of Underrides in Florida Truck Accidents

by Gerson & Schwartz, P.A.

Any truck collision can lead to serious injuries due to the size difference between an 18-wheeler and a passenger vehicle, but underride crashes are among the most horrific. An “underride” impact occurs when a smaller car slides underneath a truck’s trailer, often smashing the roof, shearing it off, or penetrating into the cabin. Though the National Highway Traffic Safety Administration (NHTSA) has enacted numerous rules requiring trucks to install preventative safety equipment, these crashes are still a severe threat. They can lead to catastrophic injuries that change the lives of victims forever.

If you were hurt in an underride crash, a Miami truck accident attorney can explain your rights and potential legal options to seek compensation. You may also find some general information to be useful.

What You Should Know About Underride Accidents

September 3, 2019

How to Calculate Pain and Suffering in a Florida Personal Injury Claim

by Gerson & Schwartz, P.A.

The consequences of an injury-causing accident can be extensive, going beyond the costs of medical treatment and lost wages when you cannot work. There are effects for your quality of life, routine, and personal relationships, which could be long-term. You could also suffer emotionally because of your injuries, as depression, difficulty sleeping, anxiety, and other medical conditions are common.

Florida law allows you to recover compensation for these issues, which are commonly referred to as pain and suffering. However, there must be some basis for proving them to receive these amounts as monetary damages. Talk to your Miami personal injury lawyer about the details, and read on for some general information.

Understanding Pain and Suffering

August 29, 2019

Eight Driving Safety Tips to Reduce the Likelihood of Car Accidents in Miami

by Gerson & Schwartz, P.A.

There will always be motor vehicle accidents in Florida, but there are some ways you can reduce the chance that they will happen to you. Safe driving tips go above and beyond following the traffic laws stated in the Official Florida Driver License Handbook, and there is more to avoiding collisions than what you may have learned in driver’s ed.

You can rely on a Miami car accidents lawyer to protect your rights if you are involved in a crash, but check out some recommendations in hopes that you will never be in such a position.

Do Not Drive Drunk or Stoned: Despite enormous public awareness campaigns regarding the dangers, some motorists still take the risk by getting behind the wheel after drinking or using drugs. Never drive after having even just a couple of alcoholic beverages. Call a friend, Uber, or Lyft to get you home safely.

August 27, 2019

Common Personal Injury Cases in Miami That are Not Car Accidents

by Gerson & Schwartz, P.A.

Many people commonly associate personal injury cases with car accidents, and it is true that many of these matters involve collisions. According to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard for 2018, there were more than 646,000 crashes in Miami-Dade County alone.

However, there are many other types of accidents and incidents that lead to serious injuries for victims, many of which could have been avoided. Discuss your situation with a Miami personal injury attorney if you were hurt under any of the following circumstances.

Negligence-Based Claims