Personal Injury

What is the Difference Between a Personal Injury Claim and a Lawsuit in Miami?

Published on: February 20, 2026 | by Gerson & Schwartz, P.A.

In the wake of a life-changing accident, it is essential to understand both your legal options and the deadlines imposed by personal injury laws in Miami. Under Florida Statute 95.11, victims generally have only two years from the incident date to file a lawsuit. This strict rule creates a timeframe that sets the stage for your options, which are an insurance claim and a potential lawsuit.

Both remedies aim to recover the compensation you deserve as a victim, and a Miami personal injury lawyer works to ensure you obtain a fair amount. A summary of the differences between a claim and a lawsuit is also useful.

Personal Injury Claim vs. Lawsuit: Your Legal Path

How to Calculate the True Value of Your Miami Injury Settlement

Published on: January 16, 2026 | by Gerson & Schwartz, P.A.

When you have been injured in any type of accident, the first thoughts running through your head will be the pain and getting treatment quickly. It is unfair that you incur medical bills because of someone else’s negligence, but victims do have legal options to recover these amounts under Florida personal injury laws.

However, your settlement may extend beyond medical bills, enabling you to recover for the ways your injuries affect other aspects of your life. A Miami personal injury attorney can explain how compensation works, and an overview may be useful.

Breaking Down Economic vs. Non-Economic Damages

Injured on Your Miami Holiday Vacation? Tips for Nonresidents After a Resort Accident

Published on: December 19, 2025 | by Gerson & Schwartz, P.A.

When the rest of the US falls into a deep freeze around the holidays, it is no surprise that sunny locales are top destinations from Thanksgiving through the New Year. The Traveler reports that Florida ranks #1 for travel in 2025, with more domestic visitors than any other state. This holiday season will surely reflect that trend.

Unfortunately, accidents happen during vacations just as frequently as at home when property owners are negligent. Hotels and resorts owe a specific duty of care to their guests, known as premises liability. A Miami resort accidents attorney can help you hold a careless business accountable, but you can support your rights with a few tips on what to do.

Document the Scene: Crucial Post-Accident Steps

Top Child Injuries During the Holidays in Miami

Published on: December 12, 2025 | by Gerson & Schwartz, P.A.

Kids tend to be accident-prone due to high levels of energy and physical activity, but you might not realize the severe risks. According to the US Centers for Disease Control and Prevention (CDC), accidents are the leading cause of death and injuries for children up to age 14. Unfortunately, the volume of unintentional injuries increases significantly during the holiday season from Thanksgiving through the New Year.

You may have legal remedies as a parent if your child suffered harm, including options to recover compensation for your losses. A Miami child injury lawyer can describe the process, and some information on common risks is also useful.

Child Injuries in Miami Stores

“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?

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

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?

How Diagnostic Errors Can Lead to Medical Malpractice Claims in Florida

Published on: September 12, 2025 | by Gerson & Schwartz, P.A.

There are many ways a Florida health care provider can commit a medical error, and one of the most devastating for the patient is mistakes with proper diagnosis. Diagnostic errors can lead to medical malpractice claims in Florida when a doctor’s failure to diagnose, delayed diagnosis, or incorrect diagnosis causes preventable harm. Victims may be entitled to compensation under Florida medical malpractice laws.

Because of the complications with these claims, it’s critical to get legal help from a Miami diagnostic errors attorney. Plus, you can review some background on how mistakes with diagnosis can lead to medical malpractice claims in Florida.

How Do Diagnostic Errors Constitute Medical Malpractice in Miami?

Need to Know Facts About Drunk Driving Accidents in Miami

Published on: August 15, 2025 | by Gerson & Schwartz, P.A.

Being involved in a traffic crash is horrific, but the implications are often more devastating in a DUI collision. The extreme losses often lead victims to seek compensation through different legal remedies, so there are a few details that are crucially important if you were hurt or lost a loved one.

Victims of drunk driving accidents in Miami should know these facts: the types of injuries involved, potential liability, dram shop rules, civil claim rights, and the importance of hiring a skilled DUI accident lawyer. A Miami drunk driving accident attorney can explain how they apply in your case, and you can read on for some general information.

Common Injuries Caused by DUI Crashes