wrongful death

Retention Pond Drownings: When is an HOA Liable for Negligence?

Published on: May 15, 2026 | by Gerson & Schwartz, P.A.

Even if you do not live in a homeowners’ association (HOA), you will probably encounter these communities throughout South Florida. HOAs are subject to robust laws, including the Florida statute that requires them to maintain common elements like retention ponds. Failures can lead to catastrophic drownings and near-drownings, putting children at particular risk.

Fortunately, you can hold an HOA accountable for negligence in maintaining retention ponds, and a Miami premises liability lawyer can assist with the legal process. Some background is also helpful to know about your rights.

Is a Miami HOA Liable for a Retention Pond Accident?

What Damages are Available in a Fatal Accident Case in Miami?

Published on: March 13, 2026 | by Gerson & Schwartz, P.A.

A fatal accident is an unspeakable tragedy for the victim’s family, which is why Florida law protects these vulnerable survivors during difficult times. Under the Florida Wrongful Death Act, families in Miami can recover economic damages, such as medical bills and funeral costs, alongside non-economic damages for mental pain, suffering, and loss of companionship.

However, these claims are far more complicated than this summary. It is wise to seek legal advice from an experienced Miami wrongful death attorney who will pursue all available compensation under the statute.

Types of Damages Available in a Fatal Accident Case in Miami

Legal Options for Crime Victims After Fatal Shooting at Miami Apartment Complex

Published on: December 5, 2025 | by Gerson & Schwartz, P.A.

Family members are mourning the loss of a loved one who was fatally shot at a Biscayne Gardens apartment complex on August 14, 2025. According to the Miami Herald, Miami-Dade Sheriff’s Office deputies responded to gunfire at Park Towers Apartments, finding the man with multiple gunshot wounds. He was airlifted to a hospital, where he died from his injuries. A suspect at the scene was detained after telling deputies that an argument between the two men had led to the shooting. The investigation is ongoing, and authorities have not released the identities of those involved.

Crime victims in Florida can pursue civil lawsuits against perpetrators or negligent third parties, such as property owners with inadequate security. Plus, the surviving loved one may have legal remedies under Florida’s wrongful death laws. A Miami crime victims’ attorney can help you seek compensation for damages after a fatal shooting or violent crime.

Legal Remedies for Crime Victims

Filing a Florida Wrongful Death Claim: What Families in Miami Need to Know

Published on: October 17, 2025 | by Gerson & Schwartz, P.A.

When a fatal accident claims the life of a victim, entire households suffer the financial and emotional consequences that turn their lives around. Fortunately, filing a wrongful death claim in Florida allows Miami families to seek compensation after a loved one’s death caused by negligence.

It is critical to learn who can file, what damages are available, and how local laws impact your case in South Florida. While you should trust a Miami wrongful death lawyer for advice about your specific circumstances, you can review this guide on what families need to know after a fatal accident.

Basic Florida Wrongful Death Laws

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

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

Mistakes That Can Hurt Your Wrongful Death Lawsuit in Miami

Published on: July 11, 2025 | by Gerson & Schwartz, P.A.

Fatal accidents are devastating for survivors, so it is a relief to know that you have rights. Under the Florida wrongful death statute, certain individuals can recover compensation for the losses they sustain. The deceased person’s representative can file a wrongful death case on behalf of the surviving spouse, children, and others listed in the statute.

These cases are complicated, but you can trust a Miami wrongful death attorney to help you avoid the biggest mistakes that can hurt your lawsuit. They include:

Delaying Legal Action After a Fatal Accident

How Long Do Wrongful Death Cases Take to Settle?

Published on: February 7, 2025 | by Gerson & Schwartz, P.A.

Losing a loved one due to someone else’s negligence is devastating, changing your life in ways you never expected. When facing such overwhelming loss, you may gain some comfort knowing that you have rights under Florida law. Your legal remedy is termed a wrongful death claim, and you will go through the legal process to recover compensation. One major factor that affects the timeline of a lawsuit is Florida’s statute of limitations for wrongful death cases. You have two years to file a case in court.

However, there are many other considerations when looking at how long it takes to resolve a wrongful death case. Your Miami wrongful death lawyer can explain how the following issues may affect the process.

Factors That Influence Wrongful Death Cases

Who is a Party in Florida Wrongful Death Case?

Published on: October 25, 2024 | by Gerson & Schwartz, P.A.

Losing a loved one in an accident is an unimaginable tragedy, but there are implications beyond the grief. In the aftermath, financial losses come to the forefront, leaving you with questions about seeking compensation. Florida’s Wrongful Death Act allows certain individuals to file a wrongful death lawsuit to recover monetary damages for these losses. If someone else’s negligence caused your loved one’s passing, you may have a claim.

An important factor regarding your rights is who can be a party in a Florida wrongful death case. There are legal requirements, and you must comply with the rules in order to obtain the compensation you deserve after suffering such a horrific loss. A Miami wrongful death lawyer will ensure your case stays on track, whether through settlement discussion or litigation. You can also benefit from some information about the laws.

Standing in Wrongful Death Cases

How Long Do I Have to Sue for Wrongful Death in Florida?

Published on: March 29, 2024 | by Gerson & Schwartz, P.A.

Accidents and careless conduct cause injuries to millions of victims every year, but these unfortunate incidents can also be tragic when they lead to fatalities. Victims of all ages are killed when others are negligent, failing to exercise reasonable care. At-fault parties cause traffic crashes, slip and falls, construction accidents, medical malpractice, and many other deadly incidents. It is fortunate that you have legal options to recover compensation as a survivor through a wrongful death claim. However, you should also be aware of deadlines under Florida’s statute of limitations.

The statute of limitations can have harsh consequences if you take too long to pursue your remedies, but moving quickly is also important for many other reasons. You should discuss your options and the claims process with a Miami wrongful death lawyer to ensure you do not miss critical deadlines. Plus, it is also useful to review some details about how long you have for a wrongful death case.

Deadlines Under Florida’s Statute of Limitations