Articles Tagged with Florida personal injury attorneys

gregory-pappas-734927-unsplash-copy-300x200The 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

camilo-jimenez-vGu08RYjO-s-unsplash-300x200The 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

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.

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.

erwan-hesry-IqB5MPcQp6k-unsplash-copy-300x200The Florida Department of Transportation (FDOT) hosts various events and initiatives throughout the year to promote safety on the state’s roads, and the upcoming “Stop on Red” Week will highlight the importance of obeying traffic signals. Starting August 4 – 10, 2019, FDOT will be posting helpful articles and tips on social media to remind drivers of the laws intended to prevent fatal and injury-causing accidents. 

Stop on Red Week has been successful throughout the US in raising awareness, but there are still drivers who intentionally or carelessly run through red lights. If you were hurt in a red light crash, you should consult with a Florida car accident attorney regarding your rights. You can also read on for an overview of the main points of the red light initiative.

Why Red-Light Runners Create Significant Risks

basil-samuel-lade-1132874-unsplash-copy-300x200For anyone who enjoys getting around the city, Miami’s WalkScore of 79 out of 100 points should come as no surprise. The year-round warm climate, spectacular water views, and luxurious beaches offer plenty of reasons to walk and enjoy the outdoors. Plus, the mayor closes major roadways to motor vehicle traffic once a month, allowing pedestrians and bicyclists to take to the streets. 

Of course, there can be a downside to foot-based transportation. Pedestrians are at risk of serious injuries when motorists are careless behind the wheel. Fortunately, state law provides you with rights as a victim, and a Florida pedestrian accident lawyer can help protect them. In addition, you may find it useful to review some general information about these cases.

Common Causes of Pedestrian Accidents

andras-vas-559764-unsplash-copy-300x200There is no question that getting around town by Uber, Lyft, or other rideshare is convenient, but that does not make it safer. Any vehicle on the roadway is at risk of an accident, including those that are part of a “transportation network company” (TNC), as these services are defined by Florida law. The same statute also regulates the operations of TNCs and provides certain requirements for insurance purposes in the event of the accident. It is good to know that you are covered in an Uber/Lyft crash that was not your fault, but the legislative landscape does make these matters more complex than a typical collision. You should discuss your circumstances with a Florida car accident attorney. 

TNCs and Insurance Requirements in Florida 

As of January 2017, Florida made certain insurance coverages required for TNCs and the drivers who use their digital services to provide ridesharing services. The insurance must cover the TNC driver as follows:

marlon-lara-595368-unsplash-copy-300x199Florida recently joined many other US states in cracking down on certain forms of cell phone use while driving, with a new law that went into effect July 1, 2019. An article in the Sun-Sentinel outlined the details of the Wireless Communications While Driving Law, which bans holding or handling a phone to: 

  • Text or make calls;
  • Navigate via GPS;

Our Miami personal injury law firm found a very interesting report that was recently released. The study’s outcome 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.

Continue reading

Chemical 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