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$900,000Inadequate Security

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Miami Personal Injury Lawyer Blog

“Pain and Suffering” Damages: Calculating the Real Cost of Your Injury

Published on: November 28, 2025 | by Gerson & Schwartz, P.A.

If you were injured in an accident and succeed in pursuing legal remedies, you may be entitled to recover a wide range of compensation. “Pain and suffering” is a legal term for the non-economic damages an accident victim experiences. It includes physical pain, discomfort, and mental anguish, such as anxiety, depression, or loss of life enjoyment.

Miami personal injury lawyers typically apply distinct formulas to calculate these subjective damages. However, these calculations are usually contested by insurance companies that are seeking to protect their bottom line.

What is Pain and Suffering in a Personal Injury Claim in Miami?

What Miami Cruise Lines Don’t Want You to Know About Injury Waivers

Published on: November 21, 2025 | by Gerson & Schwartz, P.A.

You might be familiar with how waivers work, and understanding them is important if you’re going on a cruise vacation. The legal definition of a waiver is the intentional surrender of a recognized right or privilege. Miami cruise lines often use injury waivers to limit their liability, but these waivers do not always hold up in court. Florida law may still allow you to sue for negligence—even if you signed one. Know your rights before accepting denial.

For this reason, it is critical to consult with a Miami cruise ship accident lawyer if you were hurt and have concerns about your rights.

How Injury Waivers Protect Cruise Ships – NOT Passengers

Miami’s Most Dangerous Intersections and Victims’ Rights After a Car Accident

Published on: November 14, 2025 | by Gerson & Schwartz, P.A.

Whether you are commuting, traveling for fun, or running errands around town, driving through Miami’s most dangerous intersections can lead to serious accidents. In fact, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 381,000 auto crashes statewide annually, changing the lives of victims forever.

If you have been injured, understanding your legal options is critical due to Florida’s complex no-fault system. A Miami car accidents attorney can help you navigate your rights and seek compensation for your injuries.

SW 8th Street and SW 137th Avenue

Florida’s Right-of-Way Rule: Proving Negligence in Miami Car Crashes

Published on: November 7, 2025 | by Gerson & Schwartz, P.A.

In a Miami car crash, proving negligence often hinges on who violated the right-of-way rules of the Florida State Uniform Traffic Control. If a driver fails to yield as required by law, they may be considered at fault. This violation is a key piece of evidence in establishing their duty of care and breach of that duty, which are essential elements of a negligence claim.

A Miami car accidents lawyer can help gather critical evidence of traffic violations or other proof of negligence, providing essential support in recovering fair compensation.

How Miami Drivers Violate Right-of-Way Rules

What Every Miami Bicyclist Needs to Know About Negligent Drivers

Published on: October 31, 2025 | by Gerson & Schwartz, P.A.

Because of a bicycle’s smaller size and lack of a protective barrier, bicycle accidents typically lead to catastrophic injuries for riders. Miami bike lane dangers often come from negligent drivers who fail to give cyclists the required 3-foot space under Florida’s traffic laws. Motorists may also ignore other traffic rules or drive aggressively.

Knowing Florida’s bike laws and what to do after an accident helps protect your rights. While a Miami bicycle accidents attorney can explain the details, here’s what riders need to know about negligent drivers.

Florida’s 3-Foot Passing Law

Who is Liable When a Commercial Driver Causes a Crash?

Published on: October 24, 2025 | by Gerson & Schwartz, P.A.

Due to the size of a semi and its cargo, truck accidents are some of the most catastrophic tragedies that occur on roads around Miami. Victims do have rights after a collision, and liability is a central issue. In Florida, liability for a commercial driver’s crash can fall on the driver, trucking company, or even third parties like maintenance crews.

Fault is based on negligence, and multiple parties may share legal responsibility for the accident. A Miami truck accident attorney can provide details, but some background about liability is helpful.

Who Really Pays the Price for a Florida Truck Crash?

Filing a Florida Wrongful Death Claim: What Families in Miami Need to Know

Published on: October 17, 2025 | by Gerson & Schwartz, P.A.

When a fatal accident claims the life of a victim, entire households suffer the financial and emotional consequences that turn their lives around. Fortunately, filing a wrongful death claim in Florida allows Miami families to seek compensation after a loved one’s death caused by negligence.

It is critical to learn who can file, what damages are available, and how local laws impact your case in South Florida. While you should trust a Miami wrongful death lawyer for advice about your specific circumstances, you can review this guide on what families need to know after a fatal accident.

Basic Florida Wrongful Death Laws

Understanding Comparative Negligence in Florida Personal Injury Cases

Published on: October 10, 2025 | by Gerson & Schwartz, P.A.

A key to winning a personal injury case is proving negligence by the at-fault party, but you should keep in mind that the laws also focus on negligence by the victim. Comparative negligence in Florida means your compensation in a personal injury case is reduced by your percentage of fault. If you are more than 50 percent responsible, you cannot recover damages under Florida’s statute on comparative fault.

Insurance companies will try to highlight negligent acts to justify denying your claim, which is why retaining a Miami personal injury lawyer is crucial to protect your rights. You can also read on for some basics on how comparative fault works.

What is Comparative Negligence in Florida Personal Injury Law?

Do Florida’s No-Fault Insurance Laws Apply in Miami Motorcycle Accidents?

Published on: October 3, 2025 | by Gerson & Schwartz, P.A.

As a Florida motorist, you’re aware that there are mandatory auto insurance requirements that create a system of “no-fault” in which proof of liability is not necessary to recover compensation. However, no-fault insurance laws in Florida do not apply to motorcycles. While car drivers use Personal Injury Protection (PIP) insurance for initial medical expenses, motorcyclists must seek compensation from the at-fault driver’s insurance.

This allows Miami riders to sue for damages, including pain and suffering, without meeting a “serious injury” threshold. The legal process is still complicated, making it critical to get help from a Miami motorcycle accidents lawyer for filing a claim and potentially going to court. An explanation of the basics should also be informative.

The Motorcycle Exception to No-Fault Laws in Miami

Your Legal Rights After a Maritime Accident in Miami

Published on: September 26, 2025 | by Gerson & Schwartz, P.A.

Miami is home to a busy, robust maritime industry that employs a wide range of workers to support port-related activities. These jobs are inherently dangerous, leaving many people with questions about their options after getting hurt on the job. Were you injured in a maritime accident in Miami? You may have legal rights under the Jones Act or Longshore and Harbor Workers’ Compensation Act, including medical care and lost wages.

It is important to act quickly to protect your claim and secure compensation, and you can rely on a Miami maritime accidents lawyer to handle all essential tasks. Still, you should get the basics about your legal rights after being hurt at work.

Your Legal Rights After a Maritime Accident in Miami