Miami Personal Injury Lawyer Blog

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

Do Advanced Vehicle Safety Features Reduce Miami Car Accidents?

Published on: December 9, 2022 | by Gerson & Schwartz, P.A.

You might expect that the risk of auto crashes is lower when a vehicle is equipped with the latest safety technology, but the data provides solid, numerical proof of this point. According to the Insurance Institute for Highway Safety (IIHS), automatic emergency braking reduces rear-enders by up to 56%. At the same time, blind spot detection decreases the likelihood of a lane-changing accident by 23%. One of the most profound impacts comes from rear automatic braking. When functioning in conjunction with a rearview camera and parking sensors, the potential for a collision while in reverse drops 78%.

Knowing these statistics probably places you in one of two camps: You either have a vehicle with advanced safety features, or you want to make sure your next one does. The data is clear that this technology is your best bet for reducing Miami car accidents and protecting occupants. To become better acquainted with available options, have a look at the categories of advanced safety features.

Collision Warnings

What a Motorist’s “Driving Personality” Says About Miami Car Accidents

Published on: December 2, 2022 | by Gerson & Schwartz, P.A.

You have heard about how your personality impacts relationships and professional opportunities, but researchers have discovered another area where these traits affect your life. The American Safety Council reported on a study of driving personalities, basically a psychological assessment of the state of mind of motorists when operating a vehicle. Researchers have identified seven different driving personalities, though they did stress that the categories are fluid. Drivers could draw traits from multiple personalities, especially under varying traffic conditions.

As you can probably guess, certain driving personalities are more likely to cause or contribute to auto collisions. Their attitudes put all motorists at risk, so it is good to know you have legal options under Florida law if you were hurt. A Miami car accident lawyer can assist with pursuing the at-fault driver for compensation, including medical costs, pain and suffering, and emotional distress. Meanwhile, here are a few of the driving personalities to avoid when you can – and avoid being one yourself.

The Know-it-All: These were some of the most annoying kids in your class when you were younger, and they are no better when they get on the road. Know-it-Alls considers themselves experts on every traffic law in Florida, so they are always in the right regarding traffic situations. Their self-aggrandizing attitude also ensures they will communicate with other drivers who are “wrong,” often opening a window to scream at another motorist.

Risks of Road Rash with Miami E-Scooter Accidents

Published on: November 25, 2022 | by Gerson & Schwartz, P.A.

Vulnerable road users get their name for a reason, comprising a group of individuals who are not traveling in vehicles that protect their safety with a metal shell. Motorcyclists, pedestrians, and bicycle riders fall under this umbrella, but some new vulnerable road users are capitalizing on the recent popularity of e-scooters. There are many advantages of renting or owning an electric scooter, and these vehicles are especially appealing to young people who appreciate their convenience, flexibility, and reasonable cost.

However, these benefits can be overshadowed by the risk of crashes with larger, faster motorized vehicles. Those accustomed to traveling in an enclosed auto may be unfamiliar with a unique, extremely painful type of injury that tends to affect e-scooter operators: Road rash. This trauma is a friction wound to the skin, but it is surprising how a seemingly minor injury could carry significant risks. A Miami e-scooter accident lawyer will assist with your remedies.

Overview of Road Rash Injuries

Overview of Punitive Damages in Florida Personal Injury Cases

Published on: November 18, 2022 | by Gerson & Schwartz, P.A.

Most personal injury accidents happen because someone was careless, and though the conduct may not have been intentional, Florida law still allows victims to recover damages. You may qualify to receive amounts for medical costs, pain and suffering, and emotional distress as compensation for your losses. However, there are instances where the wrongdoer’s actions go beyond mere carelessness. The person or entity crossed the line into reckless, wanton, and potentially even criminal conduct. In such a case, a victim may have grounds to seek additional amounts under the Florida punitive damages statute.

As the term suggests, this class of damages aims to punish the at-fault party for misconduct. Because punitive damages can significantly increase the amount a victim can recover, the bar is quite high for obtaining these damages. A Miami personal injury attorney can explain how they work and whether pursuing punitive damages is appropriate in your case. Plus, a summary is useful as background.

Application of Florida’s Statute on Punitive Damages

Five Things to Do After a Maritime Accident in Miami

Published on: November 11, 2022 | by Gerson & Schwartz, P.A.

Maritime employees work in amazingly dangerous conditions, so it is a relief to know that there are multiple programs under federal law that are akin to workers’ compensation. Though the qualifying criteria vary, the Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and Death on the High Seas Act (DOHSA) are just a few of the laws that allow injured employees to recover benefits after a maritime accident.

No matter which statute applies to your situation, you must comply with the statutory requirements and follow proper procedures to pursue a maritime accident claim. These issues are complicated, so you should rely on your Miami maritime injuries lawyer for details. Still, your rights also depend somewhat on your actions after the accident, and some tips on things to do will help guide you.

Get Medical Care: Your first priority is getting treatment for your injuries, so head to the ER or an urgent care facility right away. Even if you believe the harm to be minimal or you do not know how badly you were hurt, it is important to see a doctor to ensure your maritime injuries are documented via your medical records. When you do seek medical care, make sure to tell your treating physician that your injuries were the result of work-related conditions.

Biggest Design Defect Products Liability Cases in US History

Published on: November 4, 2022 | by Gerson & Schwartz, P.A.

There are literally millions of consumer goods available for purchase in stores, online, and through internet marketplaces, and the vast majority of them are safe for their intended use. However, the National Safety Council (NSC) reports that approximately 11.7 million people seek care at hospital emergency rooms every year for injuries resulting from dangerous consumer products. Some of the items you rely on and use frequently could be hazardous because of a flaw, including appliances, electronics, vehicles, children’s toys and clothing, furniture, and many others.

Some of these product defects are the result of a faulty design, meaning that there is an error in developing or creating the item. The blueprint itself is defective, so anything produced from these specifications is also flawed. There are numerous high-profile lawsuits based upon defective design, a type of product liability case. If you or a loved one was injured, a Miami design defects attorney can advise you on the process for seeking compensation. A look at some of the biggest lawsuits involving design defects is also helpful.

Takata Airbag Case

Who is Most Prone to Accidental Traumatic Brain Injury?

Published on: October 28, 2022 | by Gerson & Schwartz, P.A.

Traumatic brain injury (TBI) may occur anytime the head is subjected to a bump, blow, or jolt, and it is a top cause of death and disability in the US. The US Centers for Disease Control and Prevention (CDC) reports that TBI leads to around 175 fatalities every day, and these head injuries are a factor in 25% of all accidental deaths nationwide. Plus, approximately 223,000 people are hospitalized for TBI annually, with medical complications and long-term consequences that have a profound impact on the victim’s life.

The CDC also stresses that TBI is preventable with the exercise of due care. Unfortunately, there are parties that engage in negligent, careless acts that increase the potential for accidents. Florida personal injury laws cover these situations, so you should consult with a Miami catastrophic injuries lawyer to learn about your legal remedies. It is also helpful to review some additional details on who is prone to TBI.

Statistics and Demographics for TBI

Right of Way Laws Many Florida Motorists Do NOT Know

Published on: October 21, 2022 | by Gerson & Schwartz, P.A.

In an ideal world, all road users would strictly follow traffic regulations and drive defensively to ensure the safety of others. Unfortunately, statistics indicate that this perfect scenario does not exist. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 401,500 total motor vehicle crashes across the state every year. Almost 129,000 of these collisions occur in South Florida, which amounts to around 350 car accidents daily. In any given 24-hour period, three people lose their lives, and 185 victims are injured in auto crashes.

Many drivers rely on signage to guide them in following traffic laws, but there are some regulations that you will not see posted. An important set of rules governs the right of way, a concept that is sometimes misunderstood. Failures in this area are a top cause of collisions, so trust a Miami car accident lawyer for help with proving fault. You can also benefit from reviewing the right-of-way laws many Florida motorists do not know.

Intersections With Stop Signs

Property Owner Warning Signs and Florida Premises Liability Claims

Published on: October 14, 2022 | by Gerson & Schwartz, P.A.

Accidents are the fourth-leading cause of death in the US and a top reason that victims seek medical care for injuries, but you might be surprised at how the data breaks down. The US Centers for Disease Control and Prevention (CDC) reports that almost 201,000 are killed every year, and 97.9 million people head to the ER for treatment of unintentional injuries. However, contrary to popular misconception, just 20% of these incidents are motor vehicle collisions. More people are affected by falls and related accidents, many of which are preventable.

You are in an ideal position to prevent accidents at home, but there can be hidden dangers in the businesses you visit. Owners can be held accountable under Florida law, so they may attempt to “unhide” hazards by posting warning signs. Help from a Miami premises liability lawyer is essential for addressing such a defense, though some basic information is useful.

Property Owner’s Duty of Care