personal injury

November 27, 2015

Florida to Install Fences Around Train Tracks After Two Fatal Accidents this Month

The Florida Department of Transportation is planning to install fences around Amtrak train tracks in Seminole County after the death of two pedestrians in November. FDOT anticipates spending $300,000 to place a 6-foot high chain link fence around four miles of tracks that pedestrians commonly cross. The two separate incidents that instigated the fence project occurred when a pedestrian crossed the tracks and was struck by the train. If you were injured or lost a loved one in a railroad accident contact a Miami Railroad Accident Attorney.

The first fatal incident occurred in downtown Orlando when a man crossed the tracks in broad daylight. Despite the conductor’s best efforts at attempting to stop the train, the train struck and killed the man on the tracks. The Orlando police describe the incident as an apparent suicide.

The second death happened in Altamonte Springs, a town north of Orlando, when a woman crossed the tracks at night and was killed by an Amtrak train. Police are still investigating the matter and the cause of the accident has not yet been determined.

October 16, 2015

In the Blink of an Eye, Everything Can Change

by Gerson & Schwartz, P.A.

A tragic car crash occurred in Miami resulting in the death of one person and serious injuries to seven others. News reports indicate that a vehicle was traveling east on Northwest Seventh Street when a collision occurred at the intersection with 35th Avenue. Two elderly individuals (one of whom passed away later on at the hospital) and six teenagers were involved in this awful wreck. Our team of Miami car accident lawyers are deeply saddened to hear about another preventable car crash in which live were forever changed.

This terrible crash is an example of just how precious life is and the fact that, in the blink of an eye, everything can be turned upside down. Just think, the elderly couple involved in this wreck was simply going about their day. Now, a spouse is dead and the other is left to pick up the pieces.

The six teenagers involved in the crash ranged in age from 17 to 19. Two of the teenagers had to be transported to Jackson Trauma Center due to the severity of their injuries. The students just finished with class at Green Springs High School when the crash occurred, according to 7 News.

September 22, 2015

Understanding Punitive Damages and How They Apply in Florida Personal Injury Cases

by Gerson & Schwartz, P.A.

In most personal injury cases such as car accident injuries, truck accident injuries, and motorcycle accident injuries, the damages that are pursued by your Miami personal injury lawyer include restitution for medical bills, lost wages, and pain and suffering. However, there is another category of damages that goes beyond simply serving as a compensatory mechanism for the injured party. There is a special category of damages available that helps to make the injured party “whole” again and may be awarded to punish the at-fault party for their reckless and wanton conduct. This category of damages is known as punitive damages.

In Florida, punitive damages are also referred to as “exemplary damages.” As mentioned, these damages go beyond what is actually necessary to compensate you. They are meant to penalize the at-fault party if they committed gross negligence or caused intentional harm. They are awarded as a way to send a signal to the community at large that similar behavior will not be tolerated.

Punitive Damages Example

September 2, 2015

Injured as a Passenger in a Car Wreck? Understand Your Rights

by Gerson & Schwartz, P.A.

You are in the front passenger seat of your friend’s vehicle. They are driving down Coral Way in Miami, Florida when another driver t-bones the vehicle. You suffer serious injuries including whiplash, a bulging disc in your L4/L5 region, and a sprained wrist. As a passenger, should you file a claim against the other driver or your friend’s policy? Our team of Miami car accident lawyers deal with this type of scenario on a regular basis.

When Another Driver Caused the Wreck

If another driver caused the accident (like the t-bone example above), you should pursue legal action against the at-fault driver. This would mean that you need to get the insurance information of the at-fault driver, either from the police who investigated the accident or possibly through your friend, if they exchanged insurance information with the at-fault driver at the scene of the collision.

August 12, 2015

Three Ways You Can Ruin Your Personal Injury Claim

by Gerson & Schwartz, P.A.

As experienced Miami personal injury attorneys, we have handled dozens of serious personal injury cases including car accidents, truck accidents, cruise ship injuries, and accidents resulting in wrongful death. Unfortunately, not every case is resolved favourably for our clients and some clients have weakened their cases with self-inflicted wounds. Below are some preventable mistakes that can torpedo your personal injury claim.

Failing to Get Medical Treatment

A major mistake one can make is ignoring an injury and not going to the doctor. If the nature of the injury seems minor or the true nature of the injury is not readily visible, some people choose to “tough it out” and not seek immediate medical attention. This gives the insurance company the basis to argue that you were not really hurt that badly and that you only eventually got treatment so you could sue the negligent party. Don’t give the insurance company this ammunition. After a serious accident, go to the hospital or visit your primary care physician. It is better to be safe than sorry.

July 14, 2015

Understanding the Statute of Limitations for a Miami Personal Injury Case

by Gerson & Schwartz, P.A.

You are driving down Coral Way in Miami and another vehicle t-bones your car. You smack your head against the driver’s side window and the airbags deploy. You have suffered serious injuries and will likely need significant treatment. When should you hire a Miami personal injury lawyer?

Answer: sooner rather than later. Why? Because of the statute of limitations.

The statute of limitations is a finite period of time which has been fixed by law. It is the window of time that a plaintiff (i.e. the injured party) must file a claim in order to be heard in a court of law. In other words, if a suit is filed after the statute of limitations expires, the case is likely to be dismissed irrespective of the seriousness of the injury or the amount of compensation claimed. Statute of limitations apply to virtually all civil cases, including personal injury cases.

July 1, 2015

Passenger Killed in Tragic Accident on U.S. 301 and University Parkway

by Gerson & Schwartz, P.A.

As Miami personal injury lawyers with decades of experience handling serious car accident cases, we found the news of a tragic wreck that occurred in Sarasota, Florida truly heartbreaking. A 2007 BMW 750 Li was reportedly traveling northbound on U.S. 301 “at a high rate of speed” at around 2:40 a.m. when the driver failed to slow down while turning right onto University Parkway. The vehicle wound up cutting through the grass along the shoulder of the Parkway and crashed into an embankment. The high rate of speed caused the vehicle to become airborne ultimately coming in contact with a railroad support pole located on nearby railroad tracks. The vehicle then became engulfed in flames.

An innocent passenger’s life was extinguished in the accident. The victim was a Sarasota resident only 40 years young, according to a news report on Patch.com written by Ethan Levine.

Our deepest condolences go out to the victim’s family and friends. Losing someone you love is never easy, especially when the loss is sudden and completely unexpected.

June 29, 2015

Three Reasons to Hire a Miami Personal Injury Lawyer

by Gerson & Schwartz, P.A.

You are driving along a major road in Broward County, Miami Beach, Coral Cables, or any other locality in Florida when you get t-boned by another vehicle. The damage to your vehicle is extensive and you suffer serious physical injuries in the collision. Should you hire a Miami personal injury lawyer? This is an important question many Floridians struggle with. You may have heard some erroneous information about lawyers and needing to pay a big retainer fee to even speak to a lawyer for a few minutes. Do not hesitate. Below are three important reasons why it makes sense for you to speak to a Miami, FL injury lawyer.

Insurance Companies Treat People Differently if They Don’t Have a Lawyer

Make no mistake about it. When an insurance adjuster gets a call or letter from an unrepresented claimant, they routinely treat that claimant differently. In fact, many insurance adjusters will try to reach out to you shortly after the accident and offer a quick settlement before you even think about contacting an experienced Miami personal injury attorney. There have even been instances where an insurance adjuster will mislead a claimant and say, “You don’t need a lawyer. They’ll just take a big chunk of your settlement and leave you with a pittance.”

June 10, 2015

Closing Argument is Not the Free-for-All That it Often Appears to Be

by Gerson & Schwartz, P.A.

When there are trials on television or in movies, it is common that they skip or edit out much of the evidentiary arguments, the direct examinations, and often even opening statement. But one area that seems to be a great point of entertainment is the closing argument.

The public seems to be fascinated with closing arguments, which appear to be a free-for-all, where attorneys can say what they want and act how they want, often moving a jury to tears. But in fact, there are rules about what can and can’t be said at closing, many of which are ignored by pop culture’s depictions of trials.

The Rules of Closing Arguments

June 1, 2015

Slip and Fall Case Questions Whether College is a Business

by Gerson & Schwartz, P.A.

When a lawsuit is filed for injuries that stem from a slip and fall, there are certain things that a personal injury lawyer expects to be questioned. Was the defendant negligent? How severely is the client injured and how do we show those injuries to a jury? But every now and then a personal injury case involves a question that you just can’t anticipate.

Fall Occurs on Broward College Campus

In a recent case, a victim slipped and fell on a substance in an elevator at Broward College (BC)(formerly Broward Community College). She sued BC for negligence, alleging that BC knew or in the exercise or ordinary and due care, should have known, of the existence of the substance.