Miami Personal Injury LawyersRepresenting Accident & Injury Victims for Over 46 Years
Gerson & Schwartz, P.A. is a well-known personal injury law firm located in Miami, Florida. The firm represents clients in all types of accident, injury, and wrongful death claims. Founded by Philip M. Gerson in 1970, the firm is widely known within the profession for our lengthy and successful track record and service to our clients and the community. Our Miami injury attorneys have extensive experience representing seriously injured people and their families in auto, car, and motor vehicle collisions, cruise ship accidents, medical malpractice, crime victim, product liability and other catastrophic events. The attorneys have over 100 years of collective experience exclusively representing plaintiffs in catastrophic injury and wrongful death claims. The firm's senior partner has a Preeminent AV Rating by Martindale-Hubble and is consistently recognized in the "Top Lawyers" listings of the South Florida Business Review, “Super lawyers” and many other lawyer rating publications.
Gerson & Schwartz, P.A. gives each client the attention and guidance needed to obtain the compensation they deserve. Our Miami personal injury lawyers help clients in all phases of injury and wrongful death claims from initial investigation through trial and appellate proceedings. Contrary to the trend with many other law firms, Gerson & Schwartz, P.A. has remained small in numbers in order to provide the highest quality of service to our clients. Each client case is worked on by all of the firm’s partners. All partners are honors graduates of the University of Miami School Of Law and have practiced extensively for decades in all Florida state and federal courts.
Our Florida trial lawyers focus on representing clients in injury cases and death cases due to the negligent acts of third parties and defective products. Our mission is simple. Our job is to find the truth and use it in courtrooms to get justice for our clients and thereby promote safety for others.What Does Personal Injury Law Cover?
Personal injury laws provide legal recourse for accident and injury victims who sustain bodily harm caused by others. A personal injury claim or lawsuit may arise from a negligent, careless, reckless, or even intentional act. General principles of negligence state we owe a duty of care to others. Any person, corporation, or combination of parties can be negligent if they breach their duty of care. Negligence does not require intent. The conduct that caused the harm only has to fall below the level of care a reasonable person would use under like circumstances. The nature and extent of the duty owed depends on the circumstances.
Drivers breach their duty of care when they cause an accident because they are speeding, failing to pay attention to traffic lights, driving while intoxicated, or failing to yield the right of way. Liability can also arise when an employer negligently hires someone to perform a task that requires specialized training or experience. It may also be negligent, and thus possible for liability to arise, when an institution fails to perform routine maintenance, causing a slip, trip, or fall accident, when an organization produces a defective product that harms someone, or when someone is the victim of a serious crime on property.
The same negligence laws and legal theories apply when injuries occur due to accidents in stores, on private property, aboard cruise ships, from medical malpractice, or due to an unsafe condition due to the carelessness of another person, corporation, or organization. In all of these scenarios, negligent parties may be held legally liable and financially responsible for the injuries they cause.
The wrongdoer in a personal injury case may be an individual, a corporation, a small business, or a professional. Our experienced personal injury attorneys have assisted numerous clients by thoroughly investigating the causes of their accidents and injuries, identifying all responsible parties, and seeking compensation from all wrongdoers and their insurers.
Our attorneys handle accident and personal injury claims including:
Philip Gerson Testifies Before Senate Commerce and Transportation Committee
Our expertise has been recognized at the highest level of government policy making.
Our Personal Injury & Accident Practice Includes:
Personal injury laws protect the public and provide legal remedies for victims who sustain bodily injury caused by others. Under Florida law, personal injury victims are entitled to receive money as compensation for economic and non- economic damages. Economic damages that may be recovered include medical and hospital bills, past wage loss, future loss of earning capacity, services replacement expenses and other out of pocket financial burdens. Non-Economic or "human" damages can be available for physical pain and suffering, mental anguish, disability, scarring, disfigurement, and inability to lead a normal life which resulted from negligent, careless, or reckless acts. If a pre-existing injury has been aggravated or accelerated damages for the aggravation can be recovered under Florida law.
Gerson and Schwartz injury lawyers represent victims and their families for all types of accident and serious injury related events. Catastrophic injuries such as traumatic brain injuries, spinal cord injuries, burns, loss of limbs, and loss of bodily functions are life changing outcomes resulting from car accidents, premises liability, lack of security, defective products, and medical malpractice. We have been to trial on every type of these cases. All are within our extensive experience.
We aggressively represent our clients in car accident cases including every mechanism of injury from head on collisions, side crashes, drunk driving accidents, rear-end crashes to defective manufacture and design cases against auto manufacturers. Our Miami car accident attorneys have a long history dating back to 1970 negotiating and trying all types of automobile crash cases. If we are retained to represent you, our attorneys will gather all evidence needed to support your case in court and all potential evidence will be investigated and preserved in order to maximize full and fair compensation.
Trucks are not just bigger cars. These multi-ton industrial vehicles are designed differently. The safety and comfort manufactured into automobiles take a second priority to road dominating freight moving machines. Special rules apply to commercial truck drivers as well as the vehicles they drive and tow. Car accident lawyers often lack the experience and expertise needed to understand the liability of transportation enterprises. At Gerson & Schwartz we have the resources, experience and know how to help truck crash victims.
Motorcycles are ingrained in American culture and are here to stay. Most riders are safety conscious and careful. Unfortunately too many motorists don’t respect the motorcyclist’s equal rights to use the roads and highways. Others simply don’t keep a lookout for cycles, bikes, and pedestrians. We understand the rights of motorcycles and have experience enforcing them when riders get hurt because of someone else’s negligence.
Catastrophic injury cases are very different from other cases. Finding enough financial responsibility to compensate injured parties for the lifelong consequences and are always a challenge. Some law firms only look at initial insurance policy information to determine whether or not there is adequate insurance coverage. In car, auto, motorcycle accidents where there are serious to catastrophically injuries we always conduct a thorough investigation of the case facts. We explore all potential responsible parties and investigate all viable legal theories before a final determination is made.
Cruise Ship Accidents
Special laws, federal state and even foreign laws apply to cruise ship injury claims. Many are even more difficult to understand than land based tort law. Our lawyers are skilled at representing injured passengers and crew members who suffer serious injuries at sea. Our attorneys are trained to understand the complex web of international treaties, agreements, international maritime law, and laws of foreign countries.
Every landowner and business operator in control of property owes a duty of reasonable care to people who are lawfully on the property. Inadequate security and safety are the core features of liability when someone is a crime victim, slips or trips and falls, or is harmed by some other dangerous condition on another property. We know how to measure the safety needs and compare the measures undertaken to made and keep property safe. When the owners and operations fail eventually somebody gets badly harmed. Let us help you understand what happened, why, and how it could have been prevented. We will be prepared to prove it in court too.
This special remedy exists by statute. It provides compensation to survivors of all types of wrongdoing. Whether it is automobile, truck, cruise ship, airline, premises liability, medical malpractice, defective product or some other mechanism of injury we have the experience to apply the wrongful death laws for the benefit of our clients.
Our children are the most vulnerable people in our society. They sometimes do childish things. Our laws provide many accommodations to the needs of our kids. Lower speed limits, adult supervision, and product warnings are just a few we can mention here. No identifiable group has less ability to protect themselves from harm nor does any need our help more. When a child has been injured special care is needed to help to full recovery. We have over 47 years of experience understanding the extra care needed to help child injury victims recover and grow to normal happy adulthood.Our Miami Personal Injury Lawyers are Here to Help
Our Miami personal injury law firm is here to help you understand and pursue your legal rights and remedies. We are well versed in all relevant issues related to a personal injury or wrongful death claims. We understand the law, insurance, medicine which will apply to your claim. All of our Florida injury lawyers have extensive courtroom experience and our senior partner has been a Florida board certified trial attorney for decades.
Our commitment to every client is to help obtain a full measure of justice. That means we go as far as needed to help our clients. We won't hesitate to bring your case to a jury trial. We will take or defend appeals to the highest court in the land.
At Gerson & Schwartz, P.A., we understand that being seriously injured or suffering the sudden loss of a loved one is a traumatic and life changing event. It is this compassion that allows us to enter our 48th year of helping Miami accident victims and their families.
Whether helping people who have been injured from crime, recklessness, or due to the negligent acts of third parties, our lawyers are here to help. We have walked along side countless families who have felt a life changing loss. If you or a loved one has been seriously injured in an accident in Miami- Dade, Broward, Fort Lauderdale, Coral Gables, or any part of South Florida contact a personal injury lawyer at Gerson & Schwartz, PA today to schedule a free consultation.Recovering Damages for Your Injuries
In all negligence cases, in order to recover compensation for economic or non-economic losses, the victim must show that the defendant owed a legal duty of care to him or her, that the wrongdoer breached of that duty, and that this breach caused the harm at issue.
Sometimes, punitive damages may be recovered in instances where there is gross negligence, reckless disregard for the life and safety of others, or intentional harmful wrongdoing. Situations where these damages may apply include cases involving motor vehicle accidents caused by drunk drivers, distracted drivers, and other intentional harms such as rape, sexual abuse, assault, battery, and even homicides.
Potential damages for such injuries can include coverage for amounts including:
- Medical bills
- Future medical care
- Lost income
- Loss of future earning capacity
- Pain and suffering
- Loss of society, companionship, and financial support
- Scarring and disfigurement
- Funeral expenses
- Psychological harms
- Inability to lead a normal life
This is one of the most commonly asked questions on every client's mind. All clients want to know the answer to this question. The truth is no two personal injury cases are identical. Case evaluation skills applied to all facts and circumstances hold the answers. Our ability to make accurate assessments of case value is based on our extensive trial experience.
Of course, every case is different and a thorough analysis of all evidence is needed. The facts of each case differ from one to the next. How much money your case deserves depends on a many factors which our law firm understands and can explain. The accident facts, legal liability, available insurance, applicable laws, and other relevant evidence are just some important factors our attorneys will analyze.
Other relevant factors to consider in a personal injury claim evaluation under Florida law are:
- Who is to blame for what happened?
- How much are the past and future expected medical costs?
- What is the effect on the client's ability to earn money?
- How has the lifestyle of the client been changed?
- Are there other contributing causes to the harms and losses?
- What are the financial resources of those who are responsible?
- What are the long term physical and emotional effects on the injury victim and family members?
When the answers to these questions are known we can make judgments about case values. Also important is whether or not there are lost wages, and whether any future medical care or treatment is needed. Your job status, past medical history, pain and suffering, and how well you recover after you are injured are also important factual considerations. We know how to evaluate your case based on liability evidence, your injuries, and the fair value of your economic and non-economic damages.For a Free Personal Injury Consultation Call - (305) 371- 6000
During your case consultation our Miami personal injury attorneys will take the time to answer your questions and help you understand the legal process. We will listen to your unique situation and provide you with an understanding of the legal system. Insurance companies have their own attorneys and so should you. Before discussing your accident or injury claim with an insurance adjuster you should first seek the advice of an experienced personal injury lawyer in Miami.
When pursuing legal action after a car accident, motorcycle crash, or any serious injury you should always remember that time is of the essence. Representation should start immediately. Investigation and evidence gathering becomes more difficult as time passes. So don't wait and contact an attorney at Gerson and Schwartz today.Time Limits for Personal Injury Claims in Florida
It is critical to be aware of statutes of limitations, which are strict restrictions on how long an injured person may wait to file a claim or lawsuit against a wrongdoer. In Florida, statutes of limitations vary depending on the kind of case. Whether you believe you have a car accident case, a medical malpractice claim, or a wrongful death case, you should not delay. Seek the advice of an experienced personal injury attorney right away.No Attorney’s Fees Unless We Collect
Gerson & Schwartz, PA only handles all cases for a contingent fee. That means there are no attorney’s fees unless we collect money on your behalf. There are also no upfront costs. The percentage we may receive under this agreement is prescribed by law and depends upon the nature of the accident and the amount you recover from the other side. Contingent fee agreements permit everyone, rich or poor, to have equal access to the judicial system in the event of injury.
For more information about how we can help, contact one of our personal injury lawyers by calling (305) 371-6000. We're also available toll free at (877) 475-2905. We are waiting for your call and are ready to answer any questions you may have about your legal claim. You can also receive a response from one of our lawyers directly by contacting us online. We strive to respond to all new case calls and email inquiries within 24 hours or less.
To learn more about the Miami personal injury attorneys at Gerson & Schwartz, P.A. click here. We encourage all potential clients to browse our website to learn more about our law firm including some of our jury verdicts and settlements. Se Habla Espanol.