$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

What is Pain and Suffering for a Premises Liability Case in Miami?

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

When you are hurt at a store, restaurant, park, or other public place in Miami, you have rights as a victim. Personal injury laws provide you with legal remedies, specifically under a negligence-based theory called premises liability. There is a deadline for these cases since Florida’s statute of limitations is two years. If you meet the requirements, you might qualify for compensation as an injured victim.

A portion of your compensation may include pain and suffering, which is a concept that is helpful to know when going through the legal process. A Miami premises liability attorney can assist with your remedies, but some information about damages for pain and suffering is useful.

What is Pain and Suffering in Miami Personal Injury Cases?

What Does a Miami Maritime Accidents Lawyer Do?

Published on: April 4, 2025 | by Gerson & Schwartz, P.A.

There are risks present in any work environment, but some jobs are more dangerous than others. According to the US Centers for Disease Control and Prevention (CDC), job-related conditions in the maritime industry carry significant threats to the lives and health of employees. Commercial fishing is extremely perilous, while individuals in the water transportation field are subject to a fatality rate that is almost five times the rate for all American workers.

Because of these risks, there are multiple laws that protect maritime and longshore workers. With help from a Miami maritime accident lawyer, you can recover the compensation you’re entitled to under the statutes that apply to your situation. An attorney can handle the following important tasks.

Pursue Compensation Under Maritime Laws

Resort SCUBA Trips in Miami: Dangers When Divers Left Behind

Published on: March 28, 2025 | by Gerson & Schwartz, P.A.

Miami’s warm, clear waters and vibrant marine life make it a top destination for resort SCUBA trips, attracting divers from around the world. PADI (Professional Association of Diving Instructors) reports that there are eight dive sites in and around Miami, including five reef dives, three at shipwrecks, and two in the Atlantic Ocean. Like many avid divers, you’re aware of the risks that are involved with your favorite activity.

However, a risk you do not expect is getting left behind by a resort SCUBA tour operator. It is critical to discuss your rights with a Miami resort torts lawyer if you suffered harm because of the dangers associated with being out in the open water. They include:

Risk of Drowning

What is Financial Exploitation by Nursing Homes in Miami?

Published on: March 21, 2025 | by Gerson & Schwartz, P.A.

When you think of abuse and neglect in Florida nursing homes, your mind probably turns to incidents of physical, emotional, or sexual misconduct against residents. It is important to be aware of another form of mistreatment, which is the financial exploitation of vulnerable individuals. The US Department of Justice (DOJ) enforces multiple statutes related to the financial abuse of disabled, dependent, and elderly adults, including those in assisted living facilities. Those who violate the law can be subject to both criminal and civil penalties.

However, there are additional legal remedies available to residents and their families in the event of financial exploitation. You may have a claim against the facility, its administration, employees, and any other at-fault parties. A Miami nursing home abuse and neglect attorney can assist in seeking justice. Plus, some background on the relevant legal concepts is helpful.

What is Financial Exploitation by Nursing Homes in Miami?

Fisher Price Recalls Children’s Swings After Five Infant Fatalities

Published on: March 14, 2025 | by Gerson & Schwartz, P.A.

Consumers trust that the products they buy will be safe for them and their families. However, that is not always the case. In particular, parents of young children in Miami should be aware of an important announcement by the US Consumer Product Safety Commission (CPSC). Fisher-Price is recalling more than 2 million Snuga Infant Swings due to a suffocation hazard. Five deaths have been reported. Consumers are advised to remove the headrest and body support insert from the seat pad before continuing to use the swing.

Fisher-Price will provide a $25 refund to consumers who remove and destroy the headrest and body support insert. However, entire families suffer significant losses when a child is injured due to defective products. It’s wise to reach out to a Miami product liability lawyer to learn more about your remedies, but a summary is helpful.

Overview of Products Liability

How a Miami Attorney Helps Get Higher Settlements After a Diagnostic Error

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

Diagnosis errors are among the most critical types of medical malpractice because circumstances often prevent a patient from getting proper care. In some cases, the patient may even suffer worse health outcomes because of a misdiagnosis. Unfortunately, mistakes in identifying medical conditions are common. Johns Hopkins Medical reports that an estimated 795,000 Americans suffer fatal or disabling injuries every year because of diagnostic errors.

If you were affected by a healthcare provider’s mistake, it is critical to get legal help to secure compensation. A few factors explain how a Miami diagnostic errors attorney helps get higher settlements in these cases.

Factors That Impact Settlements in Diagnostic Error Cases in Florida

What Evidence Do You Need to Win a Slip and Fall Accident Lawsuit in Miami?

Published on: February 28, 2025 | by Gerson & Schwartz, P.A.

For victims who suffer injuries on property, an important question regarding your rights is what evidence is required to win a slip and fall accident lawsuit in Miami. Under the Florida’s Evidence Code, the relevant concepts are broad. Relevant evidence is that which proves or disproves a material fact, and all relevant evidence is admissible in court.

However, not all evidence that you can introduce in court will be helpful for your case. You need solid proof related to liability and damages, and you need it even before filing a lawsuit. A Miami slip and fall attorney will tackle the details, but an overview of evidence in premises liability cases is insightful.

How to Prove Negligence in a Florida Premises Liability Case

How Weather Conditions Impact Car Accident Cases in Miami

Published on: February 21, 2025 | by Gerson & Schwartz, P.A.

South Florida may not have the snow and sleet that create risks for northern drivers, but there are plenty of ways that weather conditions impact car accident cases in Miami. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are around 127,000 fatal and injury-causing accidents annually in which weather was listed as a factor. Compared to the total number of crashes every year, the figures translate into 49.6 percent of all collisions as being weather-related.

When you’re seeking compensation after a traffic crash, there are important implications for any case that was affected by weather. A Miami car accident lawyer can explain the following concepts in more detail.

How Rain and Flooding Affect Liability

The Role of Expert Witnesses in Cruise Accident Cases

Published on: February 14, 2025 | by Gerson & Schwartz, P.A.

Cruise ship accidents can result in serious injuries, leaving victims with considerable losses. It’s a relief to know that you have options under Florida law, and your success with a claim comes down to evidence. One crucial factor that can significantly impact the outcome of a cruise accident lawsuit is the use of expert witnesses. The details on the role of experts in your case depend upon where you file, but the law in Florida allows experts for designated purposes.

Your Miami cruise ship accident lawyer may work with different types of experts, so some background is useful.

Definition of Expert Witness in Cruise Accident Cases

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