$60 Million Sexual Abuse Victim

$37.5 Million Product Liability

$12.5 Million Wrongful Death

$10.5 Million Crime Victim

$2.8 Million Jury Verdict Car Accident/Dram Shop

$2.5 Million Truck Accident

$2.4 Million Truck Accident

$2.2 Million Car Accident

$2 Million Premises Liability

$1 Million Medical Malpractice

$1 Million Inadequate Security

$900,000 Inadequate Security

$800,000 Workplace Accident

$800,000 Slip and Fall

$700,000 Cruise Ship Case

$500,000 Rape Sexual Assault

$500,000 Car Accident

$500,000 Slip and Fall

(Confidential) Cruise Ship Case

Miami Personal Injury Lawyer Blog

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

Defenses Property Owners Use to Defeat Accident Claims in Florida

Published on: May 10, 2024 | by Gerson & Schwartz, P.A.

You are in charge of your own safety when at home, but there are risks all around you when you step outside your door because not all property owners are as diligent. It is not surprising to learn that traffic collisions are among the top causes of injuries in the US, according to the National Security Council (NSC), but the incidence of falls may be shocking. Slip and fall accidents are the third leading cause of fatalities in the nation, and they are the #1 cause of death in 5 US states. Many of these incidents occur because of dangerous conditions on property, such as restaurants, parks, attractions, stores, parking lots, apartment complexes, office buildings, and many more.

Florida property owners have a duty to maintain a safe space under Florida law, so they can be held accountable when a victim is injured. Still, defendants will attempt to shirk their responsibility by raising defenses to the claim. It is important to get help from a Miami premises liability attorney for assistance with overcoming the crucial defenses.

Posted Warning Signs

Who Has the Right of Way at an Intersection in Florida?

Published on: May 3, 2024 | by Gerson & Schwartz, P.A.

For Florida motorists, right-of-way rules are important for staying in compliance with traffic laws as well as keeping yourself and vehicle occupants safe. The Florida Driver License Handbook includes numerous provisions on which driver must yield and who is allowed to proceed in many different traffic-related scenarios. However, intersections tend to create the most confusion. When motorists are not well-versed in how the right of way works when approaching a junction, the potential for accidents increases.

The risks of crashes resulting from a failure to yield are especially prevalent in Miami, where heavy congestion and tight city streets are also factors. A refresher course on right-of-way rules will help you avoid collisions, though you cannot prevent negligence from other motorists. Fortunately, these laws guide your Miami car accident attorney in determining who to pursue.

Right-of-Way Rules at Florida Intersections

Factors to Consider When Settling a Florida Child Accident Claim

Published on: April 26, 2024 | by Gerson & Schwartz, P.A.

It is horrific to think about your child being injured in an accident, but the statistics indicate that these incidents are common among infants, toddlers, and older kids. The National Safety Council (NSC) lists multiple risks, including traffic crashes that are the leading cause of death for children 17 years old and under. Plus, every three minutes, a child suffers a sports-related concussion or other traumatic brain injury (TBI). Kids are not even completely safe at school and while playing, as 80% of playground injuries are caused by falls.

For parents, the first priority is getting their child the necessary medical treatment and working on recovery from accident injuries. However, you may soon realize that it is also important to pursue your legal remedies against the at-fault party. A Miami child injuries lawyer will assist with the legal process, but there are some factors you need to consider.

Liability for Accidents

What to Do About a Diagnosis Error By Your Florida Physician

Published on: April 19, 2024 | by Gerson & Schwartz, P.A.

Physicians go through years of school, residencies, and other training to practice in their specific area of medicine, but these individuals do make mistakes despite their extensive backgrounds. The Society to Improve Diagnosis in Medicine (SIDM) reports that diagnostic errors are among the impactful, harmful problems in health care in the US. Serious mistakes with identifying medical conditions have been discovered in around 10 to 20% of all autopsies, revealing that up to 80,000 patients die because of diagnosis mistakes every year.

When you trust your physician to make a proper diagnosis, you lose trust and may not know what to do about your health and your rights. With a Miami diagnostic errors lawyer on your side, you can feel confident that your legal remedies are in good hands. A few tips are also useful to help you get through this difficult situation.

Research New Providers

Answers to FAQs About Mediation in Florida Personal Injury Cases

Published on: April 12, 2024 | by Gerson & Schwartz, P.A.

Many Florida accident claims will be settled by agreement of the parties without going to court, while some must go through the litigation and trial process. Still other cases are in between these stages. The parties are close to settlement and have resolved some issues, but they remain apart in other disputes. In such a case, mediation may enter the picture. In fact, under Florida’s statute on mediation, you may be required to participate.

The good news is that there are many benefits to mediation, because you have certainty knowing the outcome of the case. You also save time, since it is often possible to complete mediation within a day. Still, there are some factors to consider when conducting mediation, and a Miami personal injury lawyer can provide useful advice. Plus, you can review some answers to common questions about mediation in Florida accident claims.

Who will attend a mediation proceeding? The parties and their attorneys will be present, so your lawyer will be at the mediation along with counsel for the defendant. For an accident claim, the defendant will usually be an insurance company on behalf of the at-fault party. The insurer will have their own attorney as well.

Visibility Issues at Night Increase Florida Pedestrian Accidents

Published on: April 5, 2024 | by Gerson & Schwartz, P.A.

You are already considered a vulnerable road user when navigating Florida streets on foot, but you are at an even higher risk of serious pedestrian accidents at night. The Federal Highway Administration (FHWA) reports that the rate of nighttime traffic collisions is three times higher than during the day, and around 75% of all pedestrian accident fatalities occur at night. Many other victims are injured while walking at night, often because of negligent drivers.

As you can guess, visibility is a top factor when it comes to crashes at night involving people on foot. You do have rights as a victim if you were hurt or lost a loved one in such an incident, so you could qualify to recover monetary damage for your losses. A Miami pedestrian accidents attorney will guide you through the legal steps, and some details about visibility at night are useful.

How Visibility Affects People on Foot

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

Your Rights After Pool Accidents at Florida Resorts

Published on: March 22, 2024 | by Gerson & Schwartz, P.A.

The highlight of many resort vacations in Florida is the vast array of water features, including pools, slides, splash pads, surfing simulators, and hot tubs. However, many of these fun-filled amenities can lead to tragedy when pool accidents and drownings occur. Sadly, data reported by the National Safety Council (NSC) indicates that children are most affected by these incidents. More children aged infant to 4 years old die from drowning than any other cause of death. Plus, around 6,400 children under the age of 15 are treated in hospital ERs for pool injuries every year.

For victims of all ages, it is a comfort to know that Florida personal injury laws hold careless resorts accountable for accidents involving pools, spas, and water attractions. To ensure a smooth process, it is wise to work with a Miami resort accident lawyer with experience pursuing these businesses. Some background about your rights is also useful.

Legal Claims for Pool Accidents

Types of Injuries in a T-Bone Crash in Florida

Published on: March 15, 2024 | by Gerson & Schwartz, P.A.

Car accidents can occur for a wide variety of reasons and under many different circumstances, but a common type of crash is a T-bone. Named for the impact point where two vehicles collide and form a “T,” these collisions happen frequently on Florida roads. According to the National Highway Traffic Safety Administration (NHTSA), side impacts comprise about 32% of all vehicle crashes. In Florida, that means around 126,125 car accidents are T-bones out of a total of more than 394,000 traffic collisions annually.

The exact angle of the vehicles in a T-bone crash will be around 90 degrees, and the impact tends to be at the horizontal center point of passenger cars. As a result, there are certain types of injuries that victims often suffer, and they cause significant losses. You should consult with a Miami car accident attorney if you suffered any of the top injuries in T-bone collisions.

Trauma to the Head and Neck