Miami Personal Injury Lawyer Blog

What is the Difference Between Nursing Home Abuse and Neglect?

Published on: August 5, 2022 | by Gerson & Schwartz, P.A.

In truth, when you see a loved one suffering in an assisted living facility, the difference between the two may not seem critical. All you want is to get the resident to safety. However, the National Council on Aging (NCOA) clarifies nursing home abuse versus neglect in reporting a disturbing statistic: Up to 5 million elderly individuals are abused every year, and passive neglect is a form of abuse. With both types of mistreatment, the harm to the resident can be severe. Physical injuries are common, and NCOA points out that the problem carries emotional consequences as well.

Aside from tracking statistics, the distinction between nursing home abuse and neglect is an important one from a legal standpoint. The concepts may affect the basis of a claim when seeking damages, as well as who you can pursue for compensation. A Miami nursing home abuse and neglect attorney can explain the implications for your case, and some information on the differences is useful.

Comparing Abuse v. Neglect in Nursing Homes

Florida Laws Impact Children’s Medical Malpractice Claims

Published on: July 29, 2022 | by Gerson & Schwartz, P.A.

You trust your child’s physicians to provide quality patient care, from supporting your health during pregnancy to delivery and early childhood. Therefore, it is devastating to learn that your child suffered harm because of errors by a health care provider. Whether from birth injuries or negligent treatment during their formative years, the consequences for your entire family can be considerable. It is a comfort to know that Florida’s medical malpractice statute allows you to seek compensation for medical costs, pain and suffering, and other losses.

Medical malpractice cases are among the most complicated personal injury claims, and the concepts are even more complex when the victim is a child. The same basic laws apply, but there are unique factors related to age. You should trust a Miami medical malpractice lawyer to handle details, but a summary is useful.

Florida’s Medical Negligence Statute

Raising a Safe Teen Driver: Tips for Florida Parents

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

Every teen looks forward to the day they finally get their driver’s license, but this same rite of passage instills fear and dread in many parents who appreciate the risk of teen car accidents. If your child is or will be driving soon, your concerns are understandable. According to the US Centers for Disease Control and Prevention (CDC), traffic crashes rank second among the leading causes of death for teens, with around seven fatalities every day in the 13- to 19-year-old age group. Motorists aged 16 to 19 years old are also three times as likely to be involved in a deadly car accident, as compared to drivers aged 20 and up.

The good news is that teen auto crashes are preventable. Of course, you know the risk is reduced when a parent is along for the ride, but you will not always be sitting shotgun to supervise. The best strategy is to focus on raising a safe, responsible driver who makes wise decisions when you are not around. The following tips can guide you in protecting your teen from Miami car accidents.

Choose a safe vehicle

Verdict in Tesla Case Shows How Comparative Fault Works in Florida

Published on: July 15, 2022 | by Gerson & Schwartz, P.A.

Though the electric vehicle automaker will still have to pay compensation to the plaintiffs, Tesla recently gained a victory of sorts after a jury’s verdict in a Florida auto defects case. According to NBC Miami News Channel 6, jurors initially awarded $10.5 million to the family of a teen victim who was killed in a fiery, single-car collision in 2018. Then, after rendering a verdict in favor of the plaintiff, the amount was then reduced to $105,000 through application of the state law on contributory negligence. The plaintiff had claimed that the lithium ion batteries in the Tesla Model S were defective, leading them to burst to flames upon impact. However, the jury found that the deceased victim was partly to blame for speeding.

The victim’s family may be disappointed with the outcome, while Tesla breathes a sigh of relief for not having to pay the full $10.5 million in damages. Still, the case is useful for showing how Florida’s statute on comparative fault in product liability matters. A Miami auto defects attorney can explain how the law may impact your rights, though a legal summary is useful.

Pure Comparative Fault Reduces Compensation

Actual v. Constructive Notice in Florida Slip and Fall Cases

Published on: July 8, 2022 | by Gerson & Schwartz, P.A.

People tend to point at motor vehicle accidents as the biggest safety concern, so you might be surprised to learn how slip and fall incidents rank in terms of harm to victims. According to the US Centers for Disease Control and Prevention (CDC), almost 37,500 people are killed every year because of unintentional injuries from falls. In addition, more than 6.8 million victims seek treatment in hospital emergency rooms annually from accidental slip and falls. While it is true that the elderly are more at risk, the statistics reveal that these incidents affect all age groups.

Fortunately, Florida personal injury laws protect the interests of victims. The concept of premises liability applies, though many people refer to accidents as “slip and falls” because of how they happen. Premises liability deals with a property owner’s duty, which depends in part upon having notice of a dangerous condition. A Miami slip and fall attorney will help with important tasks, though an overview is informative.

How Notice Works in Premises Liability Claims

Top Causes of Miami Accidents and Your Remedies as an Injured Victim

Published on: July 1, 2022 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death and disability in the US, but you might not appreciate the risks of being injured as you go about your day in Miami. Data from the US Centers for Disease Control and Prevention (CDC) is disturbing: Unintentional injuries kill almost 201,000 fatalities yearly, placing them in the #4 spot after heart disease, cancer, and COVID. Plus, accidents send almost 98 million people to the ER, while another 25 million people visit their primary care physician for treatment of unintentional injuries.

Personal injury accidents are preventable and usually only occur because of negligent acts, so it is reassuring to know that Florida law protects your interests. However, there are multiple remedies available depending on the circumstances, and you must meet the relevant legal requirements to qualify for compensation. It is wise to get help from a Miami personal injury and accident lawyer if you were hurt because of:

Motor Vehicle Collisions

Dram Shop Laws in Florida

Published on: June 24, 2022 | by Gerson & Schwartz, P.A.

There are multiple concepts under Florida personal injury laws that extend liability to individuals or entities other than the negligent party, which essentially impute fault to a party that might not even be anywhere near the scene of an accident. One is the principle of dram shop liability, a factor in many drunk driving collisions. This theory states that a bar or tavern may be held accountable for overserving someone who later causes a crash. Florida does have a dram shop law, but not one that supports the interests of DUI accident victims: The statute provides that an establishment cannot be liable under such circumstances.

However, a ban on dram shop liability does not preclude other legal remedies for victims. It is still possible to recover compensation for your losses, and a Miami drunk driving accident lawyer can assist with challenges. Some information on your options and tips on what to do after a DUI crash are also helpful.

Legal Remedies for Drunk Driving Collisions

Defective Product Recalls to Watch for in Summer

Published on: June 17, 2022 | by Gerson & Schwartz, P.A.

Even though South Florida enjoys gorgeous, sunny weather year-round, both adults and children tend to enjoy summer-related activities more often between Memorial Day and Labor Day. The mood during this time of year inspires outdoor adventures and fun in the sun for people of all ages. You might not expect that the equipment, toys, and other consumer products you use for your escapades could be dangerous, but the US Consumer Product Safety Commission (CPSC) reports numerous recalls. Serious injuries could result when a defective product fails and causes an accident.

You do have legal remedies under Florida product liability laws, so it is possible to recover compensation for your losses. A Miami product liability attorney can assist with your options, since you could be pursuing a multinational corporation with a large legal department dedicated to fighting your claim. In addition, it is useful to know the kinds of defective products you may encounter during summer months.

Defective Products That Can Ruin Summer Fun

Miami-Dade County to Pay $4 Million for Catastrophic Spinal Cord Injuries

Published on: June 10, 2022 | by Gerson & Schwartz, P.A.

Six years after suffering catastrophic injuries in a South Florida car accident, a young girl and her family will finally gain some financial relief for their devastating financial, physical, and emotional losses. Miami NBC-affiliate WFLA News Channel 8 covered the story, reporting that the victim’s spinal cord was severed in a collision with a police cruiser. The officer driving the vehicle was speeding through an intersection without properly working traffic lights as Hurricane Matthew was bearing down on the state in 2016. The girl, an infant at the time, was traveling in a vehicle driven by her mother when it entered the intersection. The police cruiser smashed into the car, causing an impact that severed the victim’s spinal cord.

The $4 million was reached by settlement of the parties, and it is the largest sum Miami-Dade County has ever paid for an accident claim. You should consult with a Miami catastrophic injuries lawyer if you or a loved one suffered harm to the brain, spinal cord, or spine, but a few points about this case are informative.

Distribution of the Settlement Award

One Dead, Two Injured in Horrific Parasailing Accident in Florida Keys

Published on: June 3, 2022 | by Gerson & Schwartz, P.A.

In yet another example of an enjoyable vacation experience gone tragically wrong, a woman was killed and two children were injured in a parasailing accident in the Florida Keys on Memorial Day. According to the Miami Herald, the three victims were aloft and enjoying flat calm conditions when storms suddenly surrounded them within minutes. The wind “pegged” the parasail, meaning that the chute becomes controlled by wind gusts instead of the boat towing the apparatus. In response, the vessel’s operator cut the line tethered to the victims. The three plunged from an unknown height and were dragged several yards by the chute, before colliding into the Seven Mile Bridge.

On its face, the incident seems to be a clear case of liability on behalf of the boat operator. However, there are additional factors that could complicate a wrongful death or personal injury claim. A Miami resort and vacation injuries attorney will help navigate challenges, and some details on the recent accident are informative.

Negligence v. Recklessness