$60 Million Sexual Abuse Victim

$37.5 Million Product Liability

$12.5 Million Wrongful Death

$10.5 Million Crime Victim

$2.8 Million Jury Verdict Car Accident/Dram Shop

$2.5 Million Truck Accident

$2.4 Million Truck Accident

$2.2 Million Car Accident

$2 Million Premises Liability

$1 Million Medical Malpractice

$1 Million Inadequate Security

$900,000 Inadequate Security

$800,000 Workplace Accident

$800,000 Slip and Fall

$700,000 Cruise Ship Case

$500,000 Rape Sexual Assault

$500,000 Car Accident

$500,000 Slip and Fall

(Confidential) Cruise Ship Case

Miami Personal Injury Lawyer Blog

What to Do About a Diagnosis Error By Your Florida Physician

Published on: April 19, 2024 | by Gerson & Schwartz, P.A.

Physicians go through years of school, residencies, and other training to practice in their specific area of medicine, but these individuals do make mistakes despite their extensive backgrounds. The Society to Improve Diagnosis in Medicine (SIDM) reports that diagnostic errors are among the impactful, harmful problems in health care in the US. Serious mistakes with identifying medical conditions have been discovered in around 10 to 20% of all autopsies, revealing that up to 80,000 patients die because of diagnosis mistakes every year.

When you trust your physician to make a proper diagnosis, you lose trust and may not know what to do about your health and your rights. With a Miami diagnostic errors lawyer on your side, you can feel confident that your legal remedies are in good hands. A few tips are also useful to help you get through this difficult situation.

Research New Providers

Answers to FAQs About Mediation in Florida Personal Injury Cases

Published on: April 12, 2024 | by Gerson & Schwartz, P.A.

Many Florida accident claims will be settled by agreement of the parties without going to court, while some must go through the litigation and trial process. Still other cases are in between these stages. The parties are close to settlement and have resolved some issues, but they remain apart in other disputes. In such a case, mediation may enter the picture. In fact, under Florida’s statute on mediation, you may be required to participate.

The good news is that there are many benefits to mediation, because you have certainty knowing the outcome of the case. You also save time, since it is often possible to complete mediation within a day. Still, there are some factors to consider when conducting mediation, and a Miami personal injury lawyer can provide useful advice. Plus, you can review some answers to common questions about mediation in Florida accident claims.

Who will attend a mediation proceeding? The parties and their attorneys will be present, so your lawyer will be at the mediation along with counsel for the defendant. For an accident claim, the defendant will usually be an insurance company on behalf of the at-fault party. The insurer will have their own attorney as well.

Visibility Issues at Night Increase Florida Pedestrian Accidents

Published on: April 5, 2024 | by Gerson & Schwartz, P.A.

You are already considered a vulnerable road user when navigating Florida streets on foot, but you are at an even higher risk of serious pedestrian accidents at night. The Federal Highway Administration (FHWA) reports that the rate of nighttime traffic collisions is three times higher than during the day, and around 75% of all pedestrian accident fatalities occur at night. Many other victims are injured while walking at night, often because of negligent drivers.

As you can guess, visibility is a top factor when it comes to crashes at night involving people on foot. You do have rights as a victim if you were hurt or lost a loved one in such an incident, so you could qualify to recover monetary damage for your losses. A Miami pedestrian accidents attorney will guide you through the legal steps, and some details about visibility at night are useful.

How Visibility Affects People on Foot

How Long Do I Have to Sue for Wrongful Death in Florida?

Published on: March 29, 2024 | by Gerson & Schwartz, P.A.

Accidents and careless conduct cause injuries to millions of victims every year, but these unfortunate incidents can also be tragic when they lead to fatalities. Victims of all ages are killed when others are negligent, failing to exercise reasonable care. At-fault parties cause traffic crashes, slip and falls, construction accidents, medical malpractice, and many other deadly incidents. It is fortunate that you have legal options to recover compensation as a survivor through a wrongful death claim. However, you should also be aware of deadlines under Florida’s statute of limitations.

The statute of limitations can have harsh consequences if you take too long to pursue your remedies, but moving quickly is also important for many other reasons. You should discuss your options and the claims process with a Miami wrongful death lawyer to ensure you do not miss critical deadlines. Plus, it is also useful to review some details about how long you have for a wrongful death case.

Deadlines Under Florida’s Statute of Limitations

Your Rights After Pool Accidents at Florida Resorts

Published on: March 22, 2024 | by Gerson & Schwartz, P.A.

The highlight of many resort vacations in Florida is the vast array of water features, including pools, slides, splash pads, surfing simulators, and hot tubs. However, many of these fun-filled amenities can lead to tragedy when pool accidents and drownings occur. Sadly, data reported by the National Safety Council (NSC) indicates that children are most affected by these incidents. More children aged infant to 4 years old die from drowning than any other cause of death. Plus, around 6,400 children under the age of 15 are treated in hospital ERs for pool injuries every year.

For victims of all ages, it is a comfort to know that Florida personal injury laws hold careless resorts accountable for accidents involving pools, spas, and water attractions. To ensure a smooth process, it is wise to work with a Miami resort accident lawyer with experience pursuing these businesses. Some background about your rights is also useful.

Legal Claims for Pool Accidents

Types of Injuries in a T-Bone Crash in Florida

Published on: March 15, 2024 | by Gerson & Schwartz, P.A.

Car accidents can occur for a wide variety of reasons and under many different circumstances, but a common type of crash is a T-bone. Named for the impact point where two vehicles collide and form a “T,” these collisions happen frequently on Florida roads. According to the National Highway Traffic Safety Administration (NHTSA), side impacts comprise about 32% of all vehicle crashes. In Florida, that means around 126,125 car accidents are T-bones out of a total of more than 394,000 traffic collisions annually.

The exact angle of the vehicles in a T-bone crash will be around 90 degrees, and the impact tends to be at the horizontal center point of passenger cars. As a result, there are certain types of injuries that victims often suffer, and they cause significant losses. You should consult with a Miami car accident attorney if you suffered any of the top injuries in T-bone collisions.

Trauma to the Head and Neck

How Can I Recover Lost Wages Under Florida Maritime Laws?

Published on: March 8, 2024 | by Gerson & Schwartz, P.A.

Miami is a major cruise port, and one of the busiest cargo ports in the world, and businesses that support these industries employ thousands of dedicated maritime workers. Unfortunately, this sector is also one where injuries and accidents are common. Employees working on vessels, docks, and wharves are at risk, and the threat of injuries also affects many workers who support the maritime industry. If you were injured or lost a loved one because of an accident, it is a relief to know that you have legal remedies.

However, with maritime accidents, there are multiple laws that provide remedies for injured workers to recover lost wages. The details vary according to your position, as well as the circumstances surrounding your employment. It is wise to retain a Miami maritime injuries attorney for assistance with your case, but some general background is also informative.

Jones Act

Potential Parties a Florida Crime Victim Can Pursue for Damages

Published on: March 1, 2024 | by Gerson & Schwartz, P.A.

Florida is the third largest state in the US by population, so it stands to reason that crime rates are rather high in both urban and rural areas. According to the Florida Department of Law Enforcement (FDLE), more than 124,600 people are arrested for violent crimes every year. This data covers such offenses as simple and aggravated assault, murder, and rape, as well as violent theft offenses like burglary and robbery. For victims injured in these crimes, the losses can be considerable.

Fortunately, Florida law allows you to seek compensation from the parties at fault for your injuries. There are multiple individuals and entities that may be liable, so you cover all your bases by pursuing as many as possible. It is important to rely on a Miami crime victims lawyer for assistance when you attempt to recover monetary damages from:

Criminal Offender

Biggest Safety Risks for Teen Drivers in Florida

Published on: February 23, 2024 | by Gerson & Schwartz, P.A.

Teen drivers may not make up the largest age group of motorists involved in car accidents, but they do have an impact on the statistics. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are 140 fatalities every year among motorists aged 20 years and younger. Plus, another 14,070 teen motorists suffer varying degrees of injuries, from incapacitating to minor. Considering their young age compared to others on the road, you can guess that there are unique risk factors with teen drivers.

It is useful to know these risks as the parent of a young driver, as you can use your authority to reinforce important safety rules. You can also benefit as a motorist who shares the road with teens. You should discuss legal options with a Miami car accident lawyer if you were hurt, and read on for some helpful details about the risks.

Teens and Inexperience

Garbage Truck Accidents

Published on: February 16, 2024 | by Gerson & Schwartz, P.A.

What are the most dangerous vehicles on the road? Most people would choose 18-wheeler trucks since they are notorious for causing multi-vehicle pile-ups that close down long stretches of I-95 for hours on end. Others would choose motorcycles since they go so fast, playing into their riders’ cravings for adventure, and because, when a motorcycle crashes, there is very little between you and the road.

Most people do not think of garbage trucks as especially dangerous. Sure, they are annoying, lumbering down your street as the sun is rising on days when you would sleep late if it were up to you. Garbage trucks stop so frequently that they do not have time to build up much speed, and while that means that they are unlikely to cause the kind of devastation you would expect from a truck barreling down the highway at 70 miles per hour, it also means that their movements are harder to predict, even when you can clearly see which garbage cans they still have to empty. If you have been injured in a garbage truck accident, contact a Miami truck accident lawyer.

A Garbage Truck in Traffic is Just as Dangerous as Any Other Truck