Miami Accident Lawyer Blog

January 2, 2015

What Can be Done About Lost or Destroyed Evidence?

In many personal injury cases, a negligent defendant will be in possession of crucial evidence, often for a long period of time before it has to be turned over. This may include a product that allegedly malfunctioned, witness reports, or photos of an accident scene.

You may wonder what is to prevent a defendant, who knows he was negligent, and knows that a lawsuit may be coming, from simply “losing” or destroying crucial evidence? And if it happens, how does an injured plaintiff prove their claim?

Spoliation of Evidence

December 30, 2014

Are Police Officer Testimony and Accident Reports Admissible in Trial?

by Gerson & Schwartz, P.A.

If you are involved in a car accident, piecing what happened together can be difficult where there are disputed versions of how the accident occurred. Common sense may tell you that one crucial piece of evidence or testimony comes from the actual police officer that investigated the accident, especially if that officer gave a ticket and has an opinion about who was responsible for causing the accident.

But Florida law greatly restricts how and when information from a police officer can be used, and you may be surprised to learn that many aspects of an officer’s investigation may not be able to be used at trial at all.

Using Police Officer Testimony

December 24, 2014

New Case Broadens Corporate Representatives an Injured Party Can Depose

by Gerson & Schwartz, P.A.

In any injury lawsuit involving a corporation, taking depositions of officers of the negligent party is an essential part of winning a case. As you may imagine, most defendants are not crazy about having their employees and officers sit for deposition. But a new case makes the process much easier, and leaves less room for corporate defendants to evade depositions.

The Deposition Process

It has always been the case that a party can depose certain employees simply by noticing them.

December 19, 2014

Upcoming Workers’ Compensation Decision Could Have Effects on Access to Courts for all Injured Victims

by Gerson & Schwartz, P.A.

If you have been injured as a result of someone else’s negligence, it’s likely that you can find an attorney to take your case, regardless of your financial situation. That’s because unlike many areas, in personal injury, attorneys are often paid on contingency. That means that you don’t pay them until and unless you win or settle your case.

Contingency fee arrangements serve an important role for Florida consumers—they ensure access to courts. Someone who is injured does not have to worry about paying $100-$400 per hour for a qualified attorney, ensuring that even those with limited financial means can still hire the best attorneys in the state to represent them.

But an upcoming Florida Supreme Court case could put this fee system in jeopardy. It’s a case that Florida consumers should take an interest in.

December 17, 2014

Bad Faith Insurance Settlement Language Shouldn’t be Ignored

by Gerson & Schwartz, P.A.

If you are in an accident, and sue for your injuries, your case may not get to trial. In fact, few do. Many settle out of court, and when they do, there are settlement agreements to consider. In many cases, a settlement agreement may be exchanged early in the lawsuit process. Injury victims should be aware of what could happen if offers to settle injury lawsuits are exchanged before a lawsuit is actually filed.

A new case, Thompson v. Estate of Maurice, is a reminder of some potential problems that could arise in these cases.

Attempted Settlement Before Suit

December 12, 2014

New Appellate Change Could Have Unexpected Impact on Injured Victims

by Gerson & Schwartz, P.A.

Usually when the Florida Supreme Court adopts new procedural rules, they are of most concern to attorneys, and don’t have as much impact on injured individuals. The rules are procedural, and usually dictate how the lawyer must practice.

But the Florida Supreme Court has adopted a change to Florida’s appellate rules that’s worth noting because it could have an immediate and direct impact on injured victims who want to sue negligent government entities.

A Bit About Sovereign Immunity

December 5, 2014

Tragic Murder Tests the Boundaries of Liability for the Actions of Family Members

by Gerson & Schwartz, P.A.

Many families in Florida admirably and nobly care for children with mental disabilities, even into the child’s adulthood. Doing so can be a huge obligation, financially and emotionally.

Many of those children may have disabilities that make them dangerous. What responsibility does a parent of a dangerous adult child have towards others? And if you’re injured by an adult, what right do you have to sue the child’s parents if they knew the child was dangerous?

One case decided earlier this year has set some guidelines on these questions.

November 26, 2014

Can You Tell Your Family About an Injury Settlement? Maybe Not…

by Gerson & Schwartz, P.A.

If you are injured and file a lawsuit for damages, in many cases, the other side may settle with you before a trial is needed. In return for paying you damages for your injuries, the negligent party often may want a confidentiality provision in your settlement agreement.

A case from earlier this year demonstrates how seriously defendants can take these confidentiality agreements. It also demonstrates how mindful everyone must be in an age of social media.

Man’s Daughter Violates Confidentiality

November 21, 2014

Forced Arbitration in Medical Malpractice Cases Could Take Away Your Right to a Jury

by Gerson & Schwartz, P.A.

If you are injured as a result of medical malpractice, you probably have the expectation that you’ll get your day in court, the chance to tell your story to a jury of your peers, and the opportunity to confront those who have wronged you.

More and more, however, doctors are trying to use forced, compelled arbitration to deny you that right. It’s a practice that is very harmful to Florida patients and consumers, and unfortunately, the law is very unclear whether these arbitration agreements are permissible or not.

What is Arbitration?

November 7, 2014

Private Cell Phone Data May be Discoverable in Litigation

by Gerson & Schwartz, P.A.

In disputed injury cases, getting evidence that may be difficult to obtain can be the difference between winning and losing. When we think of evidence, we often think of witnesses and medical records and maybe even video camera recordings. But we often don’t think of cell phone records as evidence in injury cases.

Cell Phones and Privacy

We often think of the information on our cell phones—texts, emails, pictures, schedules, etc.—as our private information. Because of that, we write very candid things on our phones, not expecting that the world could ever see them.