Miami Personal Injury Lawyer Blog

Recall on Popular Topical Cream the Result of Manufacturing Defects

Published on: September 17, 2021 | by Gerson & Schwartz, P.A.

If you use a popular over-the-counter ointment as a topical pain reliever, some news about the manufacturer’s voluntary product recall should be cause for concern. An August 31, 2021, article in the Miami Herald contains some important information about the move by Teligent Pharma, which found during its own testing that a batch of Lidocaine HCl Topical Solution contained excessively high levels of its main ingredient. The dosage would be considered “super potent” and too strong for the patient, potentially leading to life-threatening consequences.

The news article includes information on the pharmaceutical company’s instructions related to the recall, but it is also important as a way of understanding how manufacturing defects work. A Miami products liability attorney can explain the details, and an overview is informative.

Details of the Lidocaine Recall

What is the KABCO Scale for Assessing Catastrophic Injuries?

Published on: September 9, 2021 | by Gerson & Schwartz, P.A.

Car accidents remain one of the leading causes of death and disability in the U.S., so government officials are constantly researching, assessing data, and reviewing statistics to determine ways to reduce them. One measurement that has proven useful for purposes of analysis is the so-called KABCO scale established by the Federal Highway Administration (FHWA), which evaluates the severity of auto collision injuries and expresses how they impact crash costs.

There are several complicated formulas that FHWA uses to balance how much a manufacturer must expend to implement accident countermeasures against how well they succeed in reducing crashes. The resulting calculation is useful from the perspective of societal costs, but the KABCO scale may also be a factor if you suffered severe, debilitating trauma in a collision. Though you can trust your Miami catastrophic injuries attorney for help with the legal process, here is an overview of the KABCO scale.

KABCO Injury Scale and Cost Assessment

What to Look for When Shopping for Car Seats in Miami

Published on: September 3, 2021 | by Gerson & Schwartz, P.A.

It is the law in Florida that children under 5 years old must be secured in an appropriate restraint device when a vehicle is underway, but it can be overwhelming to choose among the many different options available in stores. While parents must take into consideration state requirements for car seats based upon age, you will also be faced with choices that factor in height, weight, cost, and many others. You could spend hours researching when you do not have guidance on making informed decisions.

For parents who need assistance with choosing the right car seat for their children, it may be useful to review some basics. The following information may help when you are shopping for restraint devices that will best protect against child injuries in a Miami car accident.

Four Types of Child Restraints

Recent Miami Shooting Raises Important Liability Questions

Published on: August 27, 2021 | by Gerson & Schwartz, P.A.

A 12-year-old girl and adult woman are both recovering after suffering injuries in a shooting at an apartment complex in Miami-Dade County on August 17, 2021. A South Florida’s Local 10 News article recounted what transpired and how the innocent bystanders were hurt as they were caught in the crossfire of a possible gang dispute. According to the Opa-locka Police Department, a fight erupted in an intersection near the apartment building and its on-site playground. Several gunmen fired their weapons before fleeing the scene, injuring the girl who was playing in the outdoor space. Another shot broke the window in one of the apartment units, causing injuries to the woman.

Police were able to make an arrest after reviewing surveillance video, so having the identity of the offender would enable victims to proceed with legal action to recover monetary damages. However, the circumstances indicate that these individuals may also have other legal options. While you can rely on a Miami crime victims lawyer to provide details about liability in a shooting, some answers to common questions may help.

Can I pursue the shooter? If you suffered injuries after being shot, you can definitely proceed to take legal action against the wrongdoer. The problem is that this person may be imprisoned if convicted of a crime, a phenomenon referred to in the legal field as being “judgment proof”: You cannot collect damages from someone who has no income or assets to satisfy the judgment, which is often the case with someone in prison. It is still possible to recover, but the challenges are considerable.

Evidence You Need to Win a Miami Truck Accident Claim

Published on: August 20, 2021 | by Gerson & Schwartz, P.A.

You do not need a background in physics to know that catastrophic damage is the likely result of a truck accident and that the individuals in the passenger vehicle will probably sustain the most devastation. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) confirm the disproportionate effect of a collision on commercial vehicles versus automobile occupants. Just 12% of the total crashes in South Florida involve trucks, semis, 18-wheelers, and other large rigs; however, truck collisions lead to 28% of the injuries and dozens of fatalities.

Florida law does provide you with legal options, but the process for recovering compensation is highly reliant on having solid, credible evidence. Since victims’ statements are often considered as self-serving, other sources of proof become more critical for your rights. Our Miami truck accidents lawyer will handle investigations, but some insights on evidence in a truck crash case may be helpful.

Solid Evidence Makes or Breaks a Truck Collision Claim

Injuries NOT Caused by Negligence: Overview of Florida Personal Injury Laws

Published on: August 13, 2021 | by Gerson & Schwartz, P.A.

The vast majority of fatal and injury-causing accidents in Florida occur because of negligence, but the term means more than mere carelessness in the practice of law. Negligence is a theory of liability that requires a claimant to prove certain sets of facts to prevail in a personal injury claim. The standard is how a reasonably prudent person would act under the same circumstances as the accident in which you were injured. A departure from this standard may represent a breach of the legal duty of care, entitling you to recover damages from the at-fault party.

However, not all personal injury claims are based upon negligence. Intentional misconduct and acts done with knowledge of the dangers may NOT fall under this concept, but you may still have legal remedies. It is critical to consult with a Miami personal injury lawyer about your options, and read on for a summary about accidents caused by factors other than negligence.

Basic Definitions for Personal Injury Liability

What if a Drunk Driver is Not Convicted After a Miami DUI Crash?

Published on: August 6, 2021 | by Gerson & Schwartz, P.A.

Drunk driving has plagued US roadways for decades, yet motorists continue to get behind the wheel of a car after consuming too much alcohol. The Florida Department of Law Enforcement (FDLE) reports that officers make almost 34,000 arrests statewide for driving under the influence of alcohol (DUI), and more than 3,700 of these cases arise in South Florida. Police are always on the lookout for motorists who are swerving, driving erratically, and exhibiting other indications of intoxication.

However, a drunk driving arrest can also result from a DUI accident, since officers will conduct an investigation when arriving on the scene. When their probe turns up sufficient information to charge and/or convict the other driver, you probably assume you have an open-shut case to recover compensation if you were injured in a crash caused by that driver. The legal issues are not quite so simple, so rely on a Miami drunk driving accidents attorney to assist with your remedies. You can also gain some insight by reviewing answers to common questions about DUI crashes in Florida.

What are the differences between a civil and criminal case after a drunk driving accident?

Reasons to Sue Someone You Know After a Florida Car Accident

Published on: July 30, 2021 | by Gerson & Schwartz, P.A.

South Florida is the most densely populated region of the state, so it stands to reason that it will rank high when it comes to the frequency of serious car accidents. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are proof of the dangers, as there are more than 65,000 crashes in Miami-Dade County every year that cause injuries to 31,700 people. Many of these victims can recover compensation for their losses by filing a claim under their auto insurance Personal Injury Protection (PIP); for serious injuries, a victim could pursue a third-party claim against an at-fault driver.

However, your situation is complicated if you were injured as a passenger in a vehicle being driven by a friend or family member. You could be in the awkward position of seeking legal relief from a person you know, yet it is a mistake to forego your rights to avoid feeling uncomfortable. Retaining a Miami car accident attorney enables you to maintain separation, and there are many additional reasons to remain true to your own personal interests.

Your losses may be substantial

Four Traffic Laws You Did NOT Know Bicycle Riders Must Follow

Published on: July 23, 2021 | by Gerson & Schwartz, P.A.

Considering the lack of protection offered by a bikes and size differential compared to other vehicles, it should come as no surprise to learn that bicycle accidents are among the most catastrophic of all traffic-related collisions. Statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are proof of the dangers in South Florida. Every year, there are approximately 1,300 collisions involving bikes, leading to almost 300 fatalities and injuries to 1,400 riders. Many of these bicycle accidents are preventable and only occur through motorist negligence.

However, some of these incidents are the direct result of misunderstandings about the traffic laws that bicycle riders are required to follow. Motorists and bicyclists alike must know these rules when sharing the road, both for safety reasons and to support your legal rights. Violations may trigger Florida’s comparative fault statute, significantly reducing your compensation in a crash claim. A Miami bicycle accidents lawyer can explain how noncompliance with these traffic regulations can impact your claim:

Traffic Lights, Signage, and Controls

Cancer-Causing Benzene Discovered in Popular Sunscreen Brands

Published on: July 16, 2021 | by Gerson & Schwartz, P.A.

For years, medical professionals have been urging Americans to wear plenty of sunscreen, and the need for sun protections is absolutely critical in South Florida. However, recent findings by a pharmaceutical industry research group have revealed that those who slather on SPF could be at risk of developing cancer. Valisure, a company dedicated to protecting consumers through transparency and accountability, announced that many of the familiar sunscreen brands you rely on for sun protection contain benzene. This substance is recognized by many leading authorities as being carcinogenic and the cause of many other health problems.

Unfortunately, despite Valisure’s discovery of benzene and warnings to the Food and Drug Administration (FDA), no official action has been taken regarding dangerous sunscreen and after-sun products. You may still have rights under Florida law, and a Miami dangerous products attorney can explain in more detail. Some background on the dangers and legal concepts may also be useful.

Additional Details on Benzene in Sunscreen