Articles Tagged with personal injury

pawel-kozak-556563-unsplash-copy-300x200If a new car is on your wish or gift list for the 2019 holiday season, there is a good chance you are already doing your homework to find the best model that suits your budget and needs. It is understandable that cost, size, brand, and other factors will impact your decision, you should also make safety features a key consideration. There are many online tools you can take advantage of as you are conducting your research, notably SafeCar.gov, a website managed by the National Highway Transportation Safety Administration.  

Some of the most important safety features can help you avoid a Miami car accident entirely, while others are critical in reducing the likelihood of severe injuries if you are involved in a crash. As you are engaged in your holiday car shopping, pay special attention to:

  • Forward Collision Warning: This technology incorporates sensors that detect when a collision may occur to the front of the vehicle. It then issues a warning, through a visual or audible alert – or both. On many vehicles, the forward collision warning is linked to automatic emergency braking features described below.

marten-bjork-6dW3xyQvcYE-unsplash-copy-300x200Any time you are hurt in a car crash, slip and fall, by a defective product, or because of medical malpractice, proof is critical for getting the compensation you deserve under Florida law. Evidence is the basis for your legal rights, particularly with respect to liability and the nature of your injuries. Both fault and your losses can be complicated, which is why Miami personal injury lawyers work with experts as additional resources for claims in personal injury cases. You can trust your attorney to handle the details and retain the right people to assist, but you may find it helpful to learn the roles and types of experts that may participate in your matter.

Experts Play a Major Role in Personal Injury Cases 

In sum, these individuals fill in the gaps where specialized support is essential to proving your claim. Lawyers have considerable knowledge in legal concepts, but they may not possess the meticulous, technical background in other key areas of a personal injury case. As such, attorneys rely on those who do have relevant expertise.

lionello-delpiccolo-Dv65oNf9UI4-unsplash-copy-300x200You may not be surprised to learn that accidents are the top reason that people in Miami and throughout the US visit the emergency rooms. The US Centers for Disease Control and Prevention reports that unintentional falls accounted for almost 8.6 million nonfatal injuries and motor vehicle crashes caused harm to more than 2.5 million people in 2017.

What may come as a surprise is that, though many of these victims had rights under Florida personal injury laws, there are laws that may place limitations on recovering compensation. This is due to state law regarding comparative fault, which may apply in your case if you are injured in an accident. You should discuss your circumstances with a Miami personal injury attorney, but read on for some important information.

Legal Basis for Personal Injury Claims 

Last month provided several examples of the serious personal safety issues that can arise with construction site work.

Construction Worker Falls from Crane on Dolphin Expressway

First, a construction worker fell from a crane on the Dolphin Expressway one morning, near the Northwest 37th Avenue overpass. A Miami fire department official stated that the man fell a total of 30 feet from a crane that was attached to a flatbed truck. The worker was using the crane’s controls on the side of the truck when it suddenly fell over, throwing him off of the overpass. As he fell, thankfully he did not fall into the flow of traffic below. The man was transported to a local hospital for treatment of his critical condition.

The area where the accident occurred is currently under construction, as Miami-Dade Transit is working to add an additional lane in both directions on the Dolphin Expressway.

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Attorneys, especially personal injury lawyers, often suffer from a bad reputation among the general public. One of the most ubiquitous stereotypes about the profession is that of the “ambulance chaser.” The term brings to mind an image of a sleazy attorney in a bad suit hoping to make a fee by following an ambulance to the hospital and harassing the family of an injured person while their loved one lays in a hospital bed.

The vast majority of attorneys work hard to combat these negative and outdated stereotypes of the legal profession. Unfortunately, there are still a few lawyers and legal professionals practicing today who continue to give attorneys a bad name. At Gerson & Schwartz, P.A., our Miami car accident lawyers work hard to give clients the best legal representation possible, without the high-pressure sales tactics that lead to unfair characteristics of the legal profession.

Ambulance Chasing Is Illegal

Despite medical professionals having to endure strict educational and internships requirements before entering the profession, instances of medical malpractices continue to occur across the nation. Per the National Academies, medical malpractice kills more Americans annually than automobile accidents. Countless more victims survive with lifelong disabilities.

As you may know, medical malpractice occurs right here in the sunshine state, too, and in high numbers. As a matter of fact, Florida ranks in the top five states for medical malpractice payouts.  As a way of shielding against such claims, medical providers are required to obtain their patients’ informed consent before engaging in a medical procedure. This post is aimed at clarifying this somewhat complex concept.

If you or a loved one is injured at the fault of a medical provider, such as a doctor, hospital, or clinic, it is imperative that you hire an attorney for your case. The Florida medical malpractice lawyers at Gerson & Schwartz, PA are here for you.

Recently, on the beach of Fort Lauderdale, Florida, a young boy was playing in a bounce house when, all of a sudden, 85 miles per hour wind gusts triggered the bounce house to take flight causing the young boy to fall about 20 feet to the sand, breaking his arm. His parents filed a lawsuit against the city and the vendor, All Star Events, for damages. Said lawsuit alleges All Star Events was negligent in the way it assembled and secured the bounce house, failed to warn of the risks, failed to monitor the weather, and its failure to train personnel for emergencies, and other claims. The boy’s parents argue that All Star Events breached its duty of providing a safe environment for guests.

If you or a loved one sustained an injury at the fault of another person, it is imperative that you seek legal representation. Doing so will increase your chances of adequate compensation. The experienced Miami personal injury attorneys at Gerson & Schwartz, PA are here for you. Our attorneys have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 43 years.

Statute of Limitations

Play ball! The weather is finally warming and baseball season is back. With all the excitement that baseball games bring, there are certain legal issues that you should be aware of, such as the “assumption of risk.” This applies to the players as well as the fans. For example, a woman was recently injured while observing a baseball game at Fenway Park in Boston, MA. She was enjoying the game when suddenly a foul ball powerfully struck her in between her eyebrows.  She saw the ball heading in her direction but it was traveling too fast for her to react. The significant blow to her forehead caused her to bleed profusely. Nearby fans provided her with aid and two individuals gave the woman t-shirts to wrap around her head to try and stop the bleeding. Five weeks earlier, another fan was seriously injured when he was struck by pieces of a shattered baseball bat.

In all, injuries to spectators do occur. What you should know is that sometimes you will be held to have assumed the risk of sustaining the injury. When this happens, you may be barred from any recovery. For this reason, to best protect your rights to compensation, it is imperative that you hire an attorney. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Assumption of Risk

Riding jet skis has significantly increased in popularity over the years. This may be because they are substantially cheaper than boats. To many, it seems that jet skis are taking over Florida’s lakes, rivers and beaches. To many, however, jet skis are a major headache. Not only are they loud and numerous, but they are nearly twice as likely to be involved in an accident when compared to boats. Jet ski accidents tend to be tragic and even fatal, as riders have limited protection. In 2011, 44 people were killed on jet skis. 38 people were killed on jet skis in 2010.

Recently, in Florida, Miami Beach Fire Rescue transported a young woman to the hospital after she suffered a severe head injury. She was involved in a jet ski accident. Officials found that the jet ski she was riding on forcefully collided with another one, near 42nd Street. If you were involved in a jet ski accident, and it was the fault of another person, it is important that you retain an attorney to ensure that you are adequately compensated. The Miami personal injury attorneys at Gerson & Schwartz, PA are here to help. We continue our 43-year plus tradition of representing injury victims and their families throughout Miami Dade, Fort Lauderdale, Coral Gables, and other areas of South Florida.  

Jet Ski Regulations

Two people died in Madison County, Florida from a plane crash. WCTV reported that 32-year-old James Swiggart and 18-year-old Maitland Harvey, who were cousins, both died in the crash. They were flying from Ocala to Tallahassee in an experimental RV-4 plane and lost contact with air traffic controllers before the crash. If you lost a loved one in a plane accident, contact a Miami Wrongful Death Attorney.

The crash occurred in a heavily wooded area and it took authorities a long time to both locate and reach the crash site. There were no witnesses of the crash, although some area residents reported hearing a noise.

Swiggart was a navy pilot although the plane he was operating was a personal aircraft. The National Transportation Safety Board has launched an investigation into the crash.