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Articles Tagged with Miami personal injury attorney

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.

We often think that in lawsuits of any kind, including injury cases, that attorneys’ fees are automatically awarded to the prevailing party. But in our system, attorneys’ fees are only awarded where there is a contract or statute providing for them.

In ordinary negligence cases, there is no provision for attorneys’ fees. A jury cannot award attorneys’ fees and a defendant is not obligated to pay them, even where the defendant was found liable by a jury.

But Florida has a unique fee-shifting statute that can be used to obtain attorneys’ fees. The problem is that it can also be turned around, and used to make injured victims pay the fees of negligent defendants.

When a personal injury case goes to trial, many attorneys are prepared for the trial itself. They may line up witnesses, prepare evidence, and have a good working knowledge of trial rules. But many attorneys don’t realize how important it is to not only understand the rules of evidence at trial, but to also understand the rules of appeals.

Preserving Matters for Appeal

Contrary to popular belief, an appellate court cannot review just anything that may go wrong or be improper at trial. An appellate court can only consider arguments that are made at trial. This is often called “preserving” an issue for appellate review. And it means that a trial lawyer must understand what has to be done at trial to preserve problems for appellate review.

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