Articles Tagged with Miami injury attorney

On Sunday April 1, a boater near Miami went missing from the Miami Vice, a 91-foot combination yacht and speed boat that can be rented by the hour or day. At the time, there were seven guests aboard the yacht, which was operated by two crew members. Florida Fish and Wildlife Conservation Commission (FWC) received a call regarding the missing boat passenger that afternoon. By Monday, officials confirmed that the passenger had been killed. Preliminary information determined the passenger was in the water when the yacht captain put the vessel in reverse and was struck by the propellers. No charges have been filed yet and FWC is investigating the incident. Did you recently lose someone in a boating accident? If your spouse, parent, or child was killed in an incident with a yacht, ferry, commercial ship, or another type of vessel, do not hesitate to contact a Miami accident lawyer at Gerson & Schwartz P.A.

 Florida Boating Accident Statistics

In Florida, a state surrounded by beaches and open water, personal and commercial boating accidents are not uncommon. According to FWC statistics, there were 714 reportable boating accidents in 2016. These led to 421 individual injuries. Additionally, 56 accidents were fatal, leading to 67 deaths. The main cause of fatal accidents was falling overboard. Sixteen individuals were killed after falling overboard, which was 29 percent of all fatal accidents. Whether or not the Miami Vice passenger fell overboard or intentionally jumped has yet to be determined. The most common reason for death after falling overboard is drowning (60 percent). However, other issues, such as being struck by propellers, can also be at fault.

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.

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The statute of limitations is the time limit when a lawsuit must be filed. After that time expires, a lawsuit cannot be filed, and a victim will be forever barred from recovery for injuries.

In many injury cases, the statute of limitations (SOL) won’t be an issue—hopefully, a victim will find an attorney relatively quickly, and that attorney will file suit well within the time frame allowed. But there is a hidden SOL problem that many attorneys may not be aware of, that could forever bar a party’s right to recover, even when a lawsuit has already been filed.

Naming the Proper Party

Even injury cases that seem like “slam dunks,” or “easy” cases, can have complex issues, that could prevent someone catastrophically injured from recovering at trial. No case should be seen as easy, even when facts seem to look like they go in a victim’s favor. A recent case demonstrates how even when on the surface a case seems like a winner, what happens at trial can turn things around in a hurry.

The Wrongful Death Case

The case arose when the estate of the victim, who died, sued a driver in a rear-end accident. The defendant rear-ended the victim, ejecting her from her car, and killing her. It was later learned that the defendant was an off-duty police officer who had fled the scene after the accident, lied about what happened to his car, and at the time of trial, was actually in jail for charges related to the accident.

It seems that more cars including additional GM products are facing recalls based on design and manufacturing defects. Some of the problems are those that could potentially cause serious or catastrophic injury, reminding us that often our vehicles may not be as safe as we believe they are, and that it’s important to pay attention to the recall notices in the news. The Miami personal injury lawyers at Gerson & Schwartz, P.A. are keeping a close eye in the wake of the latest  General Motors recall fiasco.

Airbags a Big Recall Target

The rumor is true, that often an airbag can cause as much injury as a crash itself. Still, airbags often save lives, and are an important protective tool for drivers.

When someone is injured, we normally think of suing a person or a company whose negligence was responsible for our injuries. But if you learned that ghosts—or, more legally proper, “phantoms”—could be responsible for injuries, you’d probably think we were joking.

But phantom defendants are far from funny. In fact, they can be a huge problem when they get involved in your injury case.

How Phantoms Get Into Your Cases

We’ve written in the past about the importance of understanding what kind of cases are medical malpractice, and what kind are general negligence or products liability. A recent case has again discussed the difference, this time in a products liability context.

Why The Difference Matters

The difference is important because of the mandatory medical malpractice pre-suit requirements. Florida law puts significant requirements on a plaintiff suing for medical malpractice that aren’t required for ordinary negligence or products liability.

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

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.

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

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