Miami Accident Lawyer Blog

August 19, 2019

Crime Statistics and Miami Property Owner Duties Regarding Security

Just as any other major metropolitan area, Miami sees its fair share of criminal activity. Neighborhood Scout, an online resource for information about crime, reveals that there have been more than 22,000 criminal incidents so far in 2019 – 3,358 of which involved violent offenses. These figures are derived from multiple sources, including arrests, incident reports, and other databases of criminal statistics.

While this information may be useful when you are searching for a new home, crime statistics may also be key evidence in a negligent security claim if you are injured because of property owner negligence. You can learn the specifics from a Miami premises liability lawyer, but you may also benefit from some general information about these cases.

Overview of Security in Premises Liability Claims

August 16, 2019

What Miami Accident Victims Need to Know About Burn Injuries

by Gerson & Schwartz, P.A.

The American Burn Association reveals that an average of 486,000 people are treated for burn injuries every year, whether in emergency rooms, hospitals, urgent care centers, clinics, or private medical offices. Many of these burns were the result of vehicle crashes, but defective products, dangerous household appliances, and workplace accidents also rank high on the list. Burns are a unique type of injury because they are excruciatingly painful. Plus, scarring and disfigurement can be severe, often leading to psychological issues and emotional distress.

Fortunately, Florida law provides you with rights if you suffered burn injuries in an accident that was not your fault. These claims can be complicated, however, so you will need solid representation from a Miami personal injury attorney. Some general information about burn injuries may also be useful.

Types of Burn Injury

August 14, 2019

Tips for Parents of New Teen Drivers in Miami

by Gerson & Schwartz, P.A.

With school soon to be back in session around Miami-Dade County, there are many nervous parents who will be signing their children up for driver’s licenses courses and training. If you are one of them, it is understandable that you are feeling apprehensive: According to the Florida Department of Highway Safety and Motor Vehicles 2017 Annual Report, there is a yearly average of 62,992 car accidents involving drivers aged 15 to 20 years old. They may cover just a five-year age span, but these young motorists are responsible for over 16% of all crashes.

As a parent, you can do your part to reduce the likelihood of your child being in a car accident in Miami. A few tips may be helpful.

Be an Involved Parent

August 12, 2019

Bias can Affect Your Claim as the Victim of a Miami Motorcycle Accident

by Gerson & Schwartz, P.A.

Responsible motorcycle riders in Miami are well-aware of the traffic regulations and safety tips published by the National Highway Traffic Safety Administration, so the vast majority do not take unnecessary risks. Unfortunately, other drivers and the general public may not see you as a safety conscious, law-abiding rider. Many suffer from bias that limits their thinking, and it can also affect you if you are injured in an accident. Prejudice may impact your claim with the responsible driver’s insurance company, and there may be implications if you take your case to court.

The good news is that there are legal strategies to help overcome the bias against motorcycle riders and ensure you are treated fairly. A Miami motorcycle accident attorney can assist with these and other challenges to get the compensation you deserve as a victim.

Sources of Bias Against Motorcycle Riders

August 9, 2019

Who are Potential Parties in a Miami Truck Accident Claim?

by Gerson & Schwartz, P.A.

According to the Florida Department of Highway Safety and Motor Vehicles, truck accidents in Miami-Date County make up just 13% of all traffic crashes. However, these incidents are far more likely to result in life-threatening or catastrophic injuries to occupants of the other vehicle. The losses for victims can be devastating, including sky-high medical bills, excruciating pain, and indescribable suffering. As such, it’s important to seek compensation from all available sources if you were injured in a truck crash.

Fortunately, state laws do extend liability in many truck accident claims – even beyond the truck driver and insurance company. You should discuss your situation with a Miami truck accident attorney, but some examples may help you understand what individuals and entities may be potential parties.

Trucking Company: It may be possible to pursue a trucking company that employs the truck driver or somehow contributed to the crash. For instance, the organization may have not checked the operator’s credentials and training, so it was negligent in hiring the individual. The company could also be a party if it encouraged speeding or noncompliance with Hours of Service laws.

August 7, 2019

Post-Crash Checklist After a Miami Car Accident

by Gerson & Schwartz, P.A.

You rely on your car for work and personal use, which is why it is disturbing to think about the frequency of car accidents in Miami. Statistics gathered by the Florida Department of Highway Safety and Motor Vehicles reveal that there were 64,151 motor vehicle crashes in Miami-Dade County in 2018, causing injuries to 31,072 victims. That is around 85 people every day who were hurt, confused, and overwhelmed in the aftermath of a collision.

Because it is hard to think logically under the circumstances, Miami car accident attorneys typically recommend that you follow this checklist when you have been injured in a crash.

Pull Over Safely

August 5, 2019

Building Code Violations and Your Rights in a Miami Slip and Fall Case

by Gerson & Schwartz, P.A.

Every year, hundreds of people are hurt in accidents on property around Miami, including shops, restaurants, office buildings, apartment complexes, and others. In some of the incidents, the hazardous conditions that cause slip and fall injuries are linked to building code violations. While the Miami-Dade County Department of Regulatory and Economic Resources may issue a citation, the most an offender receives as punishment is usually a fine.

If you are a victim of such an accident, this fine is little consolation for the losses you suffer. Fortunately, you do have rights, and a Miami slip and fall accidents lawyer can assist with your claim. Plus, you may find it useful to review some general information on these cases.

Evidence of a Code Violation

August 2, 2019

How Comparative Negligence Works in Miami Personal Injury Cases

by Gerson & Schwartz, P.A.

You may not be surprised to learn that accidents are the top reason that people in Miami and throughout the US visit the emergency rooms. The US Centers for Disease Control and Prevention reports that unintentional falls accounted for almost 8.6 million nonfatal injuries and motor vehicle crashes caused harm to more than 2.5 million people in 2017.

What may come as a surprise is that, though many of these victims had rights under Florida personal injury laws, there are laws that may place limitations on recovering compensation. This is due to state law regarding comparative fault, which may apply in your case if you are injured in an accident. You should discuss your circumstances with a Miami personal injury attorney, but read on for some important information.

Legal Basis for Personal Injury Claims

July 31, 2019

Reasons Insurers Reject Miami Car Accident Claims

by Gerson & Schwartz, P.A.

When you are hurt in a Miami auto collision, your first step in seeking compensation for your losses is to file a claim with the responsible driver’s insurance company. Like many victims, you might expect the process to be clear and simple — complete the necessary forms, send them to the insurer, and wait to receive payment. You may be shocked and dismayed when the response is an outright rejection of what you believe is a valid, legitimate claim.

Though it may provide seemingly valid reasons for a denial, the primary motivation of the insurance company is to look out for its own interests. Your claim is a threat to profits, so the insurer will seek any possible reason to reject or make a low counteroffer to resolve your claim. Do not put your rights at risk by accepting anything less than what is fair and reasonable to compensate you for your losses. With help from a Miami car accident attorney, you can recover the highest amount of compensation allowed by law – even when the insurance company responds to with any of these excuses.

You Delayed Filing Your Claim: It is true that Florida has a four-year statute of limitations on motor vehicle crashes based upon negligence, but this time period refers to filing a lawsuit in civil court. You should file a claim with the responsible driver’s insurance company as soon as possible after an accident. When you wait, key evidence may be unavailable and your recollection about the collision will become foggy.

July 29, 2019

Mediation in a Miami Personal Injury Case

by Gerson & Schwartz, P.A.

If you were hurt in an accident and have exhausted settlement negotiations with the responsible person’s insurance company, the next step is filing a lawsuit in court. As part of the proceedings, you may be required to engage in a process called mediation, so it is important to understand what to expect. Your Miami personal injury lawyer can explain mediation and will be at your side to ensure the protection of your legal rights. However, some answers to common questions about mediation may provide a helpful overview.

What is Mediation?

In sum, mediation is an informal hearing during which the parties sit down with a mediation professional who attempts to guide them toward compromise in a personal injury case. The mediator is an impartial, neutral party who is specially trained to encourage productive conversations and effective communication. Through these efforts, the parties are often able to resolve differences and come to a mutually acceptable settlement regarding compensation.