Personal Injury

How Do Dislocation Injuries Happen?

Published on: July 26, 2024 | by Gerson & Schwartz, P.A.

Of all types of injuries a victim can suffer in an accident, dislocations of the body’s joints certainly tend to make people cringe. The definition from medical experts at Johns Hopkins Medicine states that this joint injury occurs when the ends of two connected bones separate. Though there are some medical conditions that cause dislocation, the vast majority of these injuries are caused by accidents. If you suffer a joint dislocation, you will certainly know right away because of the intense pain. However, additional symptoms include visible evidence of the bone being out of place, numbness and tingling at the joint, swelling, bruising, and inability to move.

There are many accidents that can cause dislocation injuries because they involve violent, harsh impacts on the body. While the immediate pain is excruciating, you could also suffer long-term or permanent disability. A Miami personal injury attorney can assist with your claim and provide some details to explain how dislocations happen.

Long-Term Trauma from Dislocation Injuries

How Responsible Cruise Operators Protect Passengers

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

In the world of cruise ship accidents, people tend to fixate on all of the different ways the cruise operator went wrong or failed to protect passengers. Therefore, it is also important to focus on the tactics and decisions by cruise lines that enhance safety but often get overlooked. In a recent report, Royal Caribbean announced changes to an upcoming itinerary that had included a stop at a private island port in the northern region of Haiti. Violence in the region had claimed the lives of at least 2,500 victims as of the end of April 2024, and continued unrest would put passengers at risk of serious injuries. The cruise would not be stopping at this particular port.

Had Royal Caribbean not made the changes, any passenger who was harmed by violence during shore excursions might have a claim against the operator for damages. A Miami cruise ship accident attorney can assist with the legal process if you were hurt onboard, and it is helpful to review some information on what cruise operators do to protect passengers.

Other Examples of Cruise Safety Measures

Spinal Cord Injury Statistics For 2024

Published on: June 21, 2024 | by Gerson & Schwartz, P.A.

There are many types of injuries to the human body that could be considered catastrophic because they affect a major system, prevent function, or result in other forms of permanent disability. After reviewing data reported by the National Spinal Cord Injury Statistical Center (NSCISC), you can guess that severe, debilitating harm to the spine could certainly result in catastrophic injuries. Victims who suffer traumatic spinal cord injury have a significantly reduced remaining years of life, as little as three years. Those who do survive may sustain paraplegia or tetraplegia, significantly affecting function, sensation, and mobility.

Because some types of spinal cord injuries are catastrophic, the long-term complications and consequences will be astronomical. Fortunately, Florida law provides you with remedies, and a Miami catastrophic injuries attorney will guide you through the legal process. You can also review some additional data about spinal cord injuries from NSCISC.

Common Causes of Spinal Cord Injuries

How Do You Start a Personal Injury Lawsuit in Florida?

Published on: June 14, 2024 | by Gerson & Schwartz, P.A.

As you go about your day in Miami and South Florida, you probably do not realize that the risk of serious, injury-causing accidents surrounds you. Statistics reported by the National Safety Council (NSC) are surprising, revealing that there are more than 227,000 preventable deaths and 63 million injuries to victims annually. It is fortunate the Florida personal injury laws protect you since you could suffer significant losses from injuries or the death of a loved one. Through the legal process, you may recover compensation for these losses.

With many accidents, the first unofficial step in the legal process is to file an insurance claim with the at-fault party’s insurance company. However, this action does not bring your case before the court. You must go through the steps to start a personal injury lawsuit, and a Miami personal injury lawyer will assist you. Read on for some basics about filing the case and litigation proceedings.

Filing the Personal Injury Lawsuit

Five Ways to Increase Your Miami Personal Injury Settlement

Published on: June 7, 2024 | by Gerson & Schwartz, P.A.

There are numerous safety groups and watchdog organizations that track the problem of accidental fatalities and injuries in the US, and each uses different criteria to measure the trends. According to figures from the National Safety Council (NSC), the total number of casualties from accidents is almost 62.3 million victims. These statistics include almost 225,000 preventable fatalities and 62 million injuries to victims. Common types of accidents in Florida include traffic crashes, slip and falls, incidents involving defective products, pool and swimming accidents, and many others.

Accidents fall under the area of personal injury law in Florida, so there are legal remedies for victims. You may qualify to recover compensation, and these are fortunately settled by agreement quite often. However, you want to make sure you receive the highest possible amount since your losses could be considerable. A Miami personal injury lawyer will help with the process, and you can read on for some information on what you can do to maximize settlement.

1. Document Everything: Because of the important role of evidence in settlement, you should collect, track, and organize all documentation related to your injuries. Much of the information that will support your case is found in your medical records, such as the diagnosis, treatment, physical limitations, and other factors impacted by your injuries. As part of documenting everything, you should also start a diary covering your doctor’s appointments, pain levels, activities, and other details.

Evidence of Impairment in Miami DUI Accidents

Published on: May 17, 2024 | by Gerson & Schwartz, P.A.

Drunk driving remains a problem in Florida and throughout the US, and many times, offenders are arrested for DUI. However, there are many tragic situations where an impaired driver causes an accident that leads to injuries or death. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 5,000 traffic collisions every year that are linked to alcohol intoxication. Of these, around 720 drunk driving crashes occur in South Florida. Up to 40 people lose their lives in DUI accidents, while more than 400 victims are injured in Broward, Miami-Dade, and Palm Beach Counties.

When alcohol is a factor in a crash, a victim may need more than just proof of fault, injuries, and losses. It is also crucial to show that the at-fault driver was intoxicated, which requires evidence of drunk driving. Your Miami DUI accident lawyer will assist with issues of proof, but some details will help you know some of the information you will need.

Overview of Negligence

Factors to Consider When Settling a Florida Child Accident Claim

Published on: April 26, 2024 | by Gerson & Schwartz, P.A.

It is horrific to think about your child being injured in an accident, but the statistics indicate that these incidents are common among infants, toddlers, and older kids. The National Safety Council (NSC) lists multiple risks, including traffic crashes that are the leading cause of death for children 17 years old and under. Plus, every three minutes, a child suffers a sports-related concussion or other traumatic brain injury (TBI). Kids are not even completely safe at school and while playing, as 80% of playground injuries are caused by falls.

For parents, the first priority is getting their child the necessary medical treatment and working on recovery from accident injuries. However, you may soon realize that it is also important to pursue your legal remedies against the at-fault party. A Miami child injuries lawyer will assist with the legal process, but there are some factors you need to consider.

Liability for Accidents

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.

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

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