Personal Injury

Risks When Pregnant Women are Involved in Florida Car Accidents

Published on: September 13, 2024 | by Gerson & Schwartz, P.A.

Being pregnant is a beautiful time, but it can also be a stressful one. If you are expecting a baby and are involved in a Florida car accident, that stress can multiply quickly. The National Institutes of Health (NIH) estimates that up to 5,000 fetal losses occur each year as a result of maternal involvement in automotive crashes. Therefore, understanding the potential risks to you and your baby is crucial.

The sudden impact, along with the worry for your unborn child’s well-being, can be overwhelming. Fortunately, Florida law provides you with options, and a Miami car accident lawyer can assist with enforcing your rights. You could be entitled to compensation, which may be urgently needed for medical issues and other losses that result from a vehicle collision. There are significant risks that pregnant women, in particular, face after a traffic crash.

Three Risks for Pregnant Car Accident Victims in Miami

How Long Do I Have to Sue for Crime Victim Compensation in Miami?

Published on: September 6, 2024 | by Gerson & Schwartz, P.A.

Violent crime can happen anywhere, but, as you might expect, it is more prevalent in urban areas like Miami and South Florida. According to the Florida Department of Health (FL DOH), there are around 33,650 violent crimes committed in the state every year. More than 9,400 of these occur in the South Florida Counties of Broward, Miami-Dade, and Palm Beach. That amounts to almost one-third of all such crimes in the state, in just these three counties. For purposes of these statistics, violent crimes include murder, rape, robbery, and aggravated assault.

The aftermath of a crime can be incredibly stressful, leaving you with physical, emotional, and financial burdens. While the criminal justice system focuses on punishing the offender, crime victim compensation can help alleviate some of the financial hardship. You should contact a Miami attorney for crime victims to discuss your legal options right away because Florida’s statute of limitations creates a time limit to pursue your remedies.

Criminal vs Civil Statute of Limitations in Florida

Injured at Sea? Workers’ Compensation in Florida’s Maritime Industry

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

Florida’s many miles of coastline comprise a thriving maritime industry of workers serving cruise lines, cargo operations, and many other water-based activities. However, working on the water comes with inherent risks. If you were injured in a maritime accident on the job, you wonder about your rights. There are workers’ compensation laws in Florida, but they do not apply to maritime workers in the same way as employees in other market sectors.

Being injured in any workplace accident can be physically, emotionally, and financially draining, so it is crucial to pursue all legal options. Fortunately, you may be protected by two federal workers’ compensation laws specifically intended for maritime employees. A Miami maritime accident attorney can provide details on what workers are covered by these laws, but the answer depends on the specific nature of your work.

1. Longshore and Harbor Workers’ Compensation Act

Tragedy as Teen is Killed in Miami Boating Accident

Published on: August 2, 2024 | by Gerson & Schwartz, P.A.

Memorial Day Weekend is well-known as the unofficial kickoff to the summer social season, but this year’s celebration was dampened by a horrific boating accident in Key Biscayne near Miami. According to a May 23, 2024, article in the Miami Herald, a 15-year-old girl was water skiing on a family boat when she was struck by another vessel. The at-fault boat did not stop at the scene, so initial reports indicated that the boating accident was a hit-and-run. However, the owner of the craft that struck the teen checked in with police and is cooperating with the investigation.

Surviving family members may have a claim against the at-fault boat operator, but there are numerous factors that affect the legal process. The status of the victim, timing, and theories of liability are all issues you need to know. Your Miami boating accident lawyer can explain specifics, and there are some legal points that are useful as an overview.

Wrongful Death Action

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