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Articles Posted in Personal Injury

It is horrifying to learn that the assisted living facility that you carefully researched, paid, and trusted to care for an elderly loved one has shirked its legal obligations. Nursing homes have a duty to provide proper care, but statistics indicate that many fall short. Data from the US Centers for Disease Control and Prevention (CDC) reveals that around one in 10 individuals aged 60 years and older has experienced some form of elder abuse, though the true figures are likely much higher because of reporting issues. Experts estimate that just one in 24 instances of misconduct are communicated to authorities. The nature of elder care in assisted living centers typically puts family members in the position to raise concerns about the resident, who may suffer from dementia, mental decline, or related medical conditions. It is critical to contact a Miami nursing home abuse lawyer right away if you spot the following signs of nursing home abuse that you cannot ignore. 

Physical Abuse

Some types of bodily harm are visible, so you are right to be disturbed if you notice bruises, abrasions, or lacerations. Still, you must remain vigilant regarding the less obvious signs of physical abuse in assisted living facilities, such as:

Parents of young children take extreme precautions to protect against pedestrian accidents by keeping them in the stroller, holding their hands, and watching like a hawk around Miami traffic. As the children get older and appreciate the risks of being hurt, you probably believe that these safety measures become less urgent. This is tragically not the case, and the statistics may come as a shock: According to Safe Kids Worldwide, a nonprofit dedicated to protecting children from accidents, the death rate for teens in pedestrian accidents is double that of younger kids. 

Sadly, these incidents are preventable and typically only occur because of motorist negligence. If your child was hurt, a Miami pedestrian accidents lawyer can explain your legal options. However, there are numerous safety tips that can reduce the threat, and they are most effective when both parents and teens are on board. Some additional statistics are informative on how these tragedies occur.

Data Reveals the Dangers of Teen Pedestrian Accidents

It is the law in Florida that children under 5 years old must be secured in an appropriate restraint device when a vehicle is underway, but it can be overwhelming to choose among the many different options available in stores. While parents must take into consideration state requirements for car seats based upon age, you will also be faced with choices that factor in height, weight, cost, and many others. You could spend hours researching when you do not have guidance on making informed decisions. 

For parents who need assistance with choosing the right car seat for their children, it may be useful to review some basics. The following information may help when you are shopping for restraint devices that will best protect against child injuries in a Miami car accident.

Four Types of Child Restraints

The vast majority of fatal and injury-causing accidents in Florida occur because of negligence, but the term means more than mere carelessness in the practice of law. Negligence is a theory of liability that requires a claimant to prove certain sets of facts to prevail in a personal injury claim. The standard is how a reasonably prudent person would act under the same circumstances as the accident in which you were injured. A departure from this standard may represent a breach of the legal duty of care, entitling you to recover damages from the at-fault party. 

However, not all personal injury claims are based upon negligence. Intentional misconduct and acts done with knowledge of the dangers may NOT fall under this concept, but you may still have legal remedies. It is critical to consult with a Miami personal injury lawyer about your options, and read on for a summary about accidents caused by factors other than negligence.

Basic Definitions for Personal Injury Liability

Drunk driving has plagued US roadways for decades, yet motorists continue to get behind the wheel of a car after consuming too much alcohol. The Florida Department of Law Enforcement (FDLE) reports that officers make almost 34,000 arrests statewide for driving under the influence of alcohol (DUI), and more than 3,700 of these cases arise in South Florida. Police are always on the lookout for motorists who are swerving, driving erratically, and exhibiting other indications of intoxication. 

However, a drunk driving arrest can also result from a DUI accident, since officers will conduct an investigation when arriving on the scene. When their probe turns up sufficient information to charge and/or convict the other driver, you probably assume you have an open-shut case to recover compensation if you were injured in a crash caused by that driver. The legal issues are not quite so simple, so rely on a Miami drunk driving accidents attorney to assist with your remedies. You can also gain some insight by reviewing answers to common questions about DUI crashes in Florida.

What are the differences between a civil and criminal case after a drunk driving accident? 

South Florida is the most densely populated region of the state, so it stands to reason that it will rank high when it comes to the frequency of serious car accidents. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are proof of the dangers, as there are more than 65,000 crashes in Miami-Dade County every year that cause injuries to 31,700 people. Many of these victims can recover compensation for their losses by filing a claim under their auto insurance Personal Injury Protection (PIP); for serious injuries, a victim could pursue a third-party claim against an at-fault driver. 

However, your situation is complicated if you were injured as a passenger in a vehicle being driven by a friend or family member. You could be in the awkward position of seeking legal relief from a person you know, yet it is a mistake to forego your rights to avoid feeling uncomfortable. Retaining a Miami car accident attorney enables you to maintain separation, and there are many additional reasons to remain true to your own personal interests.

Your losses may be substantial

Considering the lack of protection offered by a bikes and size differential compared to other vehicles, it should come as no surprise to learn that bicycle accidents are among the most catastrophic of all traffic-related collisions. Statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are proof of the dangers in South Florida. Every year, there are approximately 1,300 collisions involving bikes, leading to almost 300 fatalities and injuries to 1,400 riders. Many of these bicycle accidents are preventable and only occur through motorist negligence. 

However, some of these incidents are the direct result of misunderstandings about the traffic laws that bicycle riders are required to follow. Motorists and bicyclists alike must know these rules when sharing the road, both for safety reasons and to support your legal rights. Violations may trigger Florida’s comparative fault statute, significantly reducing your compensation in a crash claim. A Miami bicycle accidents lawyer can explain how noncompliance with these traffic regulations can impact your claim:

Traffic Lights, Signage, and Controls

Whether you attribute it to lack of experience, tendency to text and drive, or other risky behavior, the popular assumption persists that teens are more dangerous behind the wheel. Unfortunately, this is one hypothesis that does carry some truth. According to the National Highway Traffic Safety Administration (NHTSA), more than 2,000 people are killed in accidents involving teen drivers annually, comprising 8% of all fatal crashes. However, to put things in perspective, note that teenagers amount to just 5% of total drivers in the US.

These and other statistics are disturbing for parents of younger drivers, but the numbers are also cause for concern for other motorists who share the road with them. It is a comfort to know that Florida auto crash laws apply regardless of age, and a Miami car accidents attorney can assist with your legal options. Some additional data on teen motorist collisions is also informative.

Statistics on Teen Drivers and Auto Crashes 

What should have been a balmy seaside morning in Miami quickly turned to chaos, confusion, and horror on June 24, 2021 as a 12 story, 130 unit condominium Champlain Condominium building suddenly collapsed. Miami’s NBC affiliate News Channel 6 covered the incident, with at least one witness describing the Champlain Towers South Condo as falling flat like a pancake into a pile of rubble. First responders arrived from Miami Beach and Miami-Dade County  to assist with the search and rescue effort which will continue and be followed by a thorough investigation. The level of mass destruction demands a meticulous probe into how such a tragedy could happen.


The focus right now is on search and rescue, helping survivors, helping displaced residents and comforting families. In time, victims and their family members will want to understand their legal rights and remedies.  Many of the issues will revolve around Florida premises liability concepts, potential violations of the Florida Building Code, and other details which will depend upon the results of officials’ investigation. At Gerson and Schwartz, our hearts go out to all victims and those affected. We continue to investigate and gather information. Still, here is a summary of the information available now.


Updated Facts on the Champlain Condo Building Collapse in Surfside

Most manufacturers would take immediate action after their defective products attract the attention of the federal government, especially after several fatal and injury-causing accidents. However, the makers of Peloton treadmills took the unusual step of defying officials until recently. The US Consumer Product Safety Commission (CPSC) issued its first urgent warning regarding the company’s Tread and Tread+ models on April 17, 2021; Peloton initially refused to voluntarily recall the defective products, and only did so a month later after intense negative publicity. 

The recall is crucial for preventing additional accidents, but the harm is already done for those who suffered injuries from defective Peloton treadmills. Victims may have a claim against any company that manufacturers dangerous products, and a Miami products liability attorney can explain in more detail. However, some additional information about the recent CPSC action may be helpful.

Details of the Peloton Recall

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
Contact Information