Personal Injury

New Law in Florida Affects the Rights of Accident Victims

Published on: April 14, 2023 | by Gerson & Schwartz, P.A.

Unless you work in the legal field, you may not be aware of a measure recently passed by the Florida legislature and signed into law by the governor. However, if you are the victim of any type of accident in the state, the new statute could have profound impacts on your rights. Florida lawmakers enacted a tort reform measure in March 2023, which contains multiple provisions that change civil remedies and damages in personal injury cases. The biggest supporters of the law celebrated when it went into effect, namely the insurance companies that will always try to find ways to pay victims as little as possible.

If you were hurt in an accident, there are three key provisions in the new law that affect your claim. You can count on your Miami personal injury attorney to tackle the challenges, as well as the other complexities that arise in any case. Still, to give you a better understanding of this tort reform, some basics are useful.

Three Important Takeaways from Florida Tort Reform

Tips to Avoid Miami Boating Accidents Related to Towed Water Sports

Published on: March 31, 2023 | by Gerson & Schwartz, P.A.

In a state that is almost completely surrounded by water and contains thousands of waterways within its borders, you can expect that boating is a popular activity in Florida. In fact, according to statistics from the Fish and Wildlife Conservation Commission (FWCC), the state ranks #1 for registered vehicles. There are more than 1 million water vessels of all sizes and types that are licensed for recreational purposes. Of course, this data also puts Florida among the Top US states for boating accidents. Every year, there are almost 850 total reportable incidents, leading to 70 fatalities and approximately 470 injured victims.

Responsible boaters are well aware of the laws, navigation rules, and safety tips for operating a motorized watercraft. However, it is worthwhile to focus on another type of casualty: Accidents involving the fun water toys towed behind the boat. There are additional rules to follow, and these activities open a whole new world of safety issues. A Miami boating accidents attorney can assist if you or a loved one was hurt in an on-the-water incident, though some tips are useful for avoiding them.

Important Definitions

Helmets Protect Against Risks of TBI in Children

Published on: March 24, 2023 | by Gerson & Schwartz, P.A.

It may not surprise you to learn that children under 14 years old comprise the highest rate of emergency room visits for traumatic brain injury (TBI), but you might be shocked to learn the health effects. The US Centers for Disease Control and Prevention (CDC) reports that the implications for children are very different compared to adults with fully developed brains. TBI could disrupt the child’s thinking and behavior, in turn affecting social skills, learning, and proper brain development.

TBI occurs when a person is subjected to a violent blow or jolt to the head or the skull is penetrated by an object. Considering how kids are drawn to physical activities, sports, and recreation, it is easy to see why they are often victims of head injuries. Fortunately, some of these threats can be eliminated or reduced by wearing a helmet. Help from a Miami child injuries lawyer is crucial if your child was involved in an accident, but some information about helmets should be convincing.

Wear a Helmet for Risky Activities

Proposed Changes to Florida Negligence Laws Could Impact Your Accident Claim

Published on: March 3, 2023 | by Gerson & Schwartz, P.A.

One of the key concepts in a Florida accident claim is negligence, in which the actions of the at-fault party are evaluated to determine if they breach the duty to exercise reasonable care. Negligence is also a factor when reviewing the victim’s conduct. When they are also negligent, victims may lose out on a percentage of their compensation. Under current law on comparative fault, a person’s monetary damages are reduced if their actions contribute to the incident. However, under a new bill under consideration by Florida lawmakers, there is a possibility that you might be prohibited from obtaining any compensation at all.

The measure has a long way to go before it becomes a law, but it is important to understand how it works. A look at the proposed changes can also help you grasp what the existing statute says about monetary damages in accident cases. You can trust a Miami personal injury lawyer to provide personalized advice, but some background is useful.

Current Law on Comparative Fault

How to Report Nursing Home Abuse in Florida

Published on: February 3, 2023 | by Gerson & Schwartz, P.A.

If you observe nursing home abuse in a Florida assisted living facility, one of the first things on your mind is notifying the proper authorities and getting officials to take appropriate action. Every US state has a procedure for reporting misconduct, and the Agency for Health Care Administration (AHCA) is tasked with processing complaints in Florida. You can call to speak to a representative and be prepared to provide all relevant details. Alternatively, you can file a form online and include a description of your concerns. The Complaint Administration Unit will conduct an investigation and determine how to proceed, possibly requesting additional information from you.

However, even the most outrageous forms of nursing home abuse may only lead to criminal penalties and/or fines paid to the government. You will need to pursue civil remedies to recover damages, so your main priority after filing an AHCA report is retaining a Miami nursing home abuse lawyer. There are also a few additional tasks to keep in mind.

Next Steps After Reporting Nursing Home Misconduct

Can a Judge Reduce Damages Awarded in a Florida Car Accident Case?

Published on: January 27, 2023 | by Gerson & Schwartz, P.A.

When settlement negotiations and mediation are unsuccessful in resolving a car accident claim, you will need to take your case to trial to recover the compensation you deserve. Though every matter is different, you can consider it a win when the jury comes back with a verdict in your favor and indicates the award amount. However, a judge still has the final say under Florida’s statute on remittitur and additur, legal jargon for increasing or decreasing damages. If the judge finds that the award is improper, it could be reduced.

It might seem unfair that the court could change the amount that a jury has found to be reasonable. Still, the statute is clear: Lawmakers intended to bring practicality and logic to the civil court system, so it is in the best interests of Florida motorists to allow a judge to make adjustments. A Miami car accident attorney can explain details, but some background on this law is useful.

Factors Judges Weigh in Modifying Jury Awards

What Information Goes in a Demand Package for a Personal Injury Case?

Published on: January 20, 2023 | by Gerson & Schwartz, P.A.

In a year when most health focus was on the pandemic, unintentional death and injury numbers may have been overlooked in 2020. However, the National Safety Council (NSC) compiled statistics from the same time period and reported some disturbing trends. Accidents claimed the lives of around 201,000 people, an increase from the 173,040 fatalities recorded for 2019. Plus, 55.4 million victims sought medical care at emergency rooms for unintentional injuries, with the top causes being motor vehicle crashes, slip and falls, and workplace accidents.

Fortunately for victims, most of these incidents are covered by the at-fault party’s insurance. Motorists, businesses, and property owners carry liability policies to protect against accidents, so you will need to file a claim with the insurer to recover compensation. There is more to the process than filling out some forms, as you will need to submit a settlement offer and demand to the company. Your Miami personal injury attorney will prepare the necessary documents, but it is helpful to know what goes into the package.

Facts of the Accident

How to Prove the At-Fault Driver Was Drunk in a Florida DUI Accident

Published on: January 13, 2023 | by Gerson & Schwartz, P.A.

Drunk driving accidents claim the lives of thousands across the U.S. every year, and data from state officials reveal how the problem affects Florida motorists. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 5,000 crashes annually involving intoxicated drivers. Approximately 375 people are killed in these incidents, while more than 3,000 victims suffer injuries in DUI collisions. Fortunately, you do have rights under Florida law if you were hurt by a drunk driver. You may qualify to recover compensation for your physical, financial, and emotional losses.

Though you might think your rights are clear when an intoxicated driver causes a collision, there are still complications with DUI crashes. You will need solid evidence of fault, so proof of impairment is critical. There are multiple sources of evidence for your case, and a Miami DUI accident lawyer will be thorough in gathering strong factual support. Some basics will help you understand what information might be useful.

Evidence for DUI Crashes

Tips to Protect Children When Vacationing at a Miami, FL Resort

Published on: December 30, 2022 | by Gerson & Schwartz, P.A.

Florida has long been a hot destination for family and vacation travel, and recently released data indicates that the trend will continue. University of South Florida researchers estimated that more than 35 million people visited the Sunshine State during the third quarter of 2022, an increase over the same period last year. These figures are also an increase over the third quarter of 2019, so there are signs that the travel industry has moved on from the consequences of the pandemic. Compared to July 1 to September 30 of 2019, tourism data for the same quarter of 2022 was 8% higher.

Many families head to South Florida for vacation, with the beaches, parks, and resorts being top attractions. There are plenty of activities for children, but it is important for parents to realize accidents are a common risk. You should discuss your legal options with a Miami resort tort lawyer if your child was hurt since these facilities are obligated to provide a safe space. To avoid having an accident ruin your vacation, consider the following tips.

Carefully Supervise Around Pools

Four Requirements for Filing a Camp Lejeune Water Contamination Claim in Miami

Published on: December 16, 2022 | by Gerson & Schwartz, P.A.

Though you may have seen an increase in the news coverage about Camp Lejeune water contamination in recent months, the origin of the story dates back to the early 1950s. This is when researchers have estimated that members of the military, their families, and some civilians working on base were first exposed to toxins in groundwater. For the next several decades, those who developed medical conditions related to the contamination had little or no legal recourse. However, lawmakers enacted the Camp Lejeune Justice Act of 2022 (CLJA) on August 10, 2022, opening the door for victims to seek monetary damages for their losses.

If you suffer from a medical condition or lose a loved one, passage of the statute means you finally have access to remedies that were prevented by government immunity concepts. However, there are still requirements for recovering compensation. To avoid putting your rights at risk, trust a Camp Lejeune water contamination claims lawyer in Miami for assistance. Some of the requirements include the following:

Time of Service