Articles Tagged with Florida personal injury attorneys

Our Miami personal injury law firm found a very interesting report that was recently released. The study’s Coupe_sign_imitation-300x175outcome was to determine whether ride-sharing services, such as Uber, have contributed to a decrease in accidents related to driving under the influence over a certain period of time. The implication here being that as people that may be too intoxicated to drive and then call sober ride-share drivers for their ride home, there are less drunk drivers on the road causing accidents. However, apparently the results of this study found that this was not necessarily the case in all American cities.

The study looked at the availability of the ride share service Uber (currently the largest among ride-sharing companies, which purportedly also include: Lyft, Sidecar, Wingz, Summon, Taxify, Haxi, Didi Chuxing, and Moovn) from 2013-2016 in four major cities in the United States. The study author is a postdoctoral fellow at the University of Pennsylvania’s Injury Science Center.

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400px-WHMIS_Class_D-1.svgChemical company DuPont is frequently in the news for the negative health and environmental consequences posed by its products. Even its facilities, both operating and defunct, have been linked to possible health concerns, personal injury, and wrongful death in the public. While many chemical companies refuse to own up to their mistakes, many victims are able to take them to court to obtain the damages they rightfully deserve.

If you or a family member has suffered a personal injury or death as a result of possible pollution or chemical exposure, you will need an experienced lawyer to assist you with your case if you decide to seek damages. The Miami personal injury lawyers at Gerson & Schwartz, PA work with you to help you design a case that is geared toward achieving the end result you want. Call us at 1-877-474-2905.

Chemical Company’s Effect on Environment and Health

car-crash-insuranceAutomobile accidents are prevalent here in Florida. As it turns out, automobile accidents are one of the leading causes of injury and death in Florida. Are you a victim of such an accident at the fault of another person? If so, are you hesitant on initiating a claim because you may have been partially at fault for the accident? True, this would be a huge problem in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia because these states follow the “Contributory Negligence” rule. Per said rule, an injured person (“Plaintiff”) will not recover from the at-fault driver (“Defendant”) if Plaintiff was at fault to any degree. Fortunately, this rule does not apply in Florida.

It is critical that you hire an experienced attorney for your case. The personal injury and accident attorneys at Gerson & Schwartz PA are here to help. Our experience spans over 43 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in every imaginable automobile accident scenario.        

Florida’s Pure Comparative Fault

Last month, the U.S. District Court for the Middle District of Florida issued a decision in the case of Worley v. State Farm that addressed two incredibly important legal concepts in car accident cases. The first of these two concepts was the presumption of negligence that applies in rear end car collisions, and the second is the principle of comparative negligence. Our Miami car accident attorneys are following the effects closely.

Stop Sign

In Worley, the plaintiff was injured in a 2010 car accident when a vehicle driven by the uninsured defendant rear ended her.  The plaintiff claimed that she was stopped at a yield sign when the other driver struck her. The defendant testified, however, that the plaintiff had begun to drive through the intersection when she suddenly stopped, thereby causing the collision.

The plaintiff’s auto insurance provider, State Farm, declined her coverage after determining that the plaintiff was at least partly responsible for the accident.  The plaintiff sued in federal district court and moved for summary judgment, arguing that, under Florida law, she was entitled to a presumption that the defendant driver was negligent in rear-ending her. Florida has adopted a rebuttable presumption that a rear driver’s actions are the sole proximate cause of an accident and any resulting injuries.

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