Miami personal injury attorneys

October 8, 2014

Line Between Medical Malpractice and Ordinary Negligence is Not Always so Clear

Florida law has a very complex and often expensive pre-suit process for anyone who seeks to sue for medical malpractice. The pre-suit requirements are mandatory, and must be strictly complied with. But in many cases, it may not be so clear whether an injury was caused by medical malpractice or not. If that question is answered incorrectly, the result can be devastating for a case.

The Pre-Suit Requirements

If someone believes they have been a victim of medical malpractice, notice to all prospective defendants must be sent, describing the nature of the claim and the injuries. The potential defendants can then reject the claim, offer to settle it, or request the claim go to arbitration.

August 19, 2014

Miami Judge Declares Florida’s Workers’ Compensation Laws Unconstitutional

by Gerson & Schwartz, P.A.

In a bold decision, Miami Dade’s Judge Cueto struck down Florida’s Workers’ Compensation statute as unconstitutional. The ruling is considered a victory for injured workers.

The History of Workers’ Compensation

Before workers’ compensation, employees injured on the job sued their employers in the same manner other victims sued over their injuries. Legislatures eventually realized this was not fair for many workers, as personal injury suits frequently took a long time to settle. Worse, some on-the-job injuries did not result from negligence, but merely from working in an inherently dangerous job. Many injured workers had little or no monetary relief for their injuries.

June 24, 2014

Twin Toddlers Drown In Deerfield Beach Swimming Pool Accident

by Gerson & Schwartz, P.A.

As our Miami injury attorneys have discussed before, although swimming can be a great way to relax on a hot summer day, it is important for people appreciate the risks associated with this activity, especially for children. These hazards have been highlighted by a recent incident in which twin toddlers drowned in a swimming pool accident at a Deerfield Beach apartment complex.

Tragic Accident Involving Twins

Harmani and Harmony West, both just two years old, drowned in the pool of Tivoli Park, the apartment complex where they lived with their mother. According to authorities, the girls were found floating in the pool by a couple visiting from North Carolina. Efforts were made to resuscitate the children, who were immediately taken to Broward Health Medical Center, where they were pronounced dead. Preliminary investigation revealed that the pool area was gated, but the lock on the gate was broken, allowing the girls to access the pool area.