Personal Injury

“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

The Icon of the Seas Water Slide Incident. A Look at Cruise Ship Water Slide Accidents

Published on: August 9, 2025 | by Gerson & Schwartz, P.A.

The Icon of the Seas Water Slide Incident

On August 7th, 2025, a Royal Caribbean passenger suffered injuries when a piece of acrylic glass panel on the “Frightening Bolt” shattered. There are mixed accounts about whether the passenger actually fell out of the slide or was lacerated. One recent video on TikTok shows a passenger falling out of the slide itself. It is still unclear whether or not the video of the passenger falling out of the slide is authentic. If so, a serious or catastrophic injury would seem likely. Witness accounts on social media have described seeing evidence of the slide in either a damaged or defective condition prior to when the passenger being sent down. While the full nature and extent of the passengers’ injuries are unknown our cruise ship lawyers are investigating the cause of the situation.

Reports vary on the extent of injuries. But given the limited medical resources cruise lines have available on them it is understandable why the severity of the injuries may be unknown. Not to mention, cruise lines rarely publicize passenger injuries in cases where there is obvious legal liability, or ever for that matter.

Can Crime Victims Sue for Compensation in Florida?

Published on: August 1, 2025 | by Gerson & Schwartz, P.A.

After being injured in a violent attack, victims get some closure knowing that criminal laws are tough on offenders. Florida criminal statutes classify most violent crimes as felonies, leading to lengthy prison sentences, hefty fines, and serious legal consequences. However, many crime victims don’t realize they have another legal remedy in civil court. It is possible to pursue a civil lawsuit against the attacker or other responsible parties, even if a criminal case is pending.

Because these cases are complicated, it is essential to retain a Miami crime victims lawyer who will aggressively pursue all at-fault parties. Plus, you can read on for the basics about how crime victims can sue for compensation in Florida.

Comparing Civil Claims from Criminal Cases in Florida

How Long Do You Have to File a Personal Injury Lawsuit in Florida?

Published on: July 25, 2025 | by Gerson & Schwartz, P.A.

If you or a loved one was recently hurt in an accident, one critical issue is the time restrictions imposed by law. In Florida, the personal injury statute of limitations governs how long you have to file a lawsuit, and it applies to most accident cases.

Missing the deadline can lead to harsh consequences, so you should reach out to a Miami personal injury attorney to preserve your rights. A summary will also help you understand how long you have to file a personal injury lawsuit in Florida.

What Happens If You Miss the Deadline to File a Personal Injury Lawsuit in Florida?

What is the Average Car Accident Settlement in Miami?

Published on: July 18, 2025 | by Gerson & Schwartz, P.A.

Car accident rates in South Florida are so high that it’s likely you or someone you know has been involved in one. According to the statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 125,000 total crashes in Broward, Miami-Dade, and Palm Beach Counties annually. Around 70,000 people are killed or suffer injuries in these collisions.

Florida traffic crash laws provide you with legal remedies as a victim, and a settlement is a standard route for resolving claims. Your Miami car accident lawyer can provide details, but it’s also helpful to know the average car accident settlement for reference purposes.

Factors That Affect Car Accident Settlements in Miami