$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

The Florida Tort Reform Act of 2023

Published on: February 2, 2024 | by Gerson & Schwartz, P.A.

Blaming all of your problems on lawyers has been a popular recreational activity in Florida, and lawmakers finally found a way to capitalize on this sentiment in order to get votes. The Tort Reform Act of 2023 places new restrictions on the situations in which injured people may sue the parties legally responsible for their injuries, the amounts of money plaintiffs can recover in personal injury lawsuits, and the deadlines for initiating such lawsuits.

The ostensible purpose of the law is to reduce liability insurance costs for business owners, who are defendants in the majority of personal injury lawsuits with large damages awards. Injured people still have the right to receive compensation from the parties that caused their injuries or which failed to prevent the injuries when they had a responsibility to do so; it only means that plaintiffs and their lawyers must work more quickly and more thoroughly to build an airtight case. All of this means that if you have suffered a preventable injury, it is not too soon to contact a Miami personal injury lawyer.

The Deadline to File a Personal Injury Lawsuit Is Two Years After the Date of the Injury

Car Accidents Can Cause Hormonal Imbalances

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

Sometimes, people go to the doctor about nonspecific symptoms such as weight gain or lack of energy and find out that a hormonal imbalance is causing the problem. A common cause of these hormonal imbalances is a benign tumor on the pituitary gland; approximately one in six adults will develop a pituitary tumor between age 30 and age 50, although some of these cause few or no symptoms.

A less common cause of pituitary gland dysfunction is a traumatic injury to the head; in other words, a deficiency of pituitary hormones can be a complication of concussion or traumatic brain injury (TBI). If you have received a diagnosis of hypopituitarism related to a head injury you sustained in a car accident, contact a Miami car accident lawyer.

Symptoms of Hypopituitarism Related to a Traumatic Injury

How Do Seat Belts Save Lives?

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

If you have ever walked down the halls of an elementary school in Florida, you have probably seen student-drawn posters with slogans like “seatbelts save lives” and “buckle up for safety.” The seatbelt has become a byword for safety and caution. Many of the drivers on the road today would never dream of shifting the transmission into drive without first buckling their seatbelts, and if they tried, their cars would make annoying sounds to nag them about it until they buckled up; the others account for a disproportionate share of traffic fatalities.

Despite all the research that goes into developing car safety features, motor vehicle safety engineers have yet to design a safety feature safer than the humble seatbelt. The good news is that if you wear a seatbelt and get into a car accident, your injuries will be less severe than they would be without the seatbelt. The bad news is that if you do not wear a seatbelt and you get into an accident, your injuries will be worse than they would have been if you had buckled up, and insurance companies know this. A Miami car accident lawyer can help you get a fair insurance settlement after a car accident, even if the insurance companies assigned part of the fault to you because you were not wearing a seatbelt.

Not Your Grandpa’s Seatbelt

New Florida Bill Aims to Cap Damages for Medical Malpractice Cases

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

Statutory caps on monetary damages in medical malpractice cases carry some controversy because they attempt to limit what an injured patient can recover. On the one hand, these restrictions help attract the best physicians to Florida without the fear of massive lawsuits. However, caps on damages also result in many victims not being able to recoup their losses after suffering harm at the hands of a healthcare provider. The Florida Senate has recently taken action on the issue by moving a bill out of committee for full voting.

The proposed legislation would reinstate statutory caps for medical malpractice cases, putting injured patients at a severe disadvantage. It may be some time before the bill becomes law, but it is a consideration for many people seeking compensation for their losses. A Miami medical malpractice lawyer can assist with your claim if you suffered harm, but some information about the proposed statutory cap is useful.

Overview of Proposal to Cap Med Mal Damages

Civil Lawsuits Filed After Sexual Assault on Miami Cruise Ship

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

Cruise vacations deliver memories for a lifetime, but once in a while, stories hit the headlines regarding onboard incidents that are truly shocking. In a recent news report, two women have filed lawsuits alleging sexual assault by a Margaritaville at Sea cruise ship bartender who had been serving them. The crew member stole one victim’s room key that she had used to charge drinks. Later, he entered the cabin after the two victims were asleep, raping both of them. One of the women became pregnant because of the encounter.

The crew member pled guilty to criminal charges following the incident, while the recently filed civil lawsuits seek damages against the Margaritaville cruise line. A Miami cruise ship accident lawyer can provide details on passengers’ rights, as this horrific incident raises questions about liability for the cruise line in light of criminal activity.

Criminal Charges for Sexual Assault

Who Do I Sue After a Workplace Accident in Florida?

Published on: December 29, 2023 | by Gerson & Schwartz, P.A.

Accidents can happen in any type of workplace, and these incidents cause thousands of injuries and fatalities every year in Florida. According to the Florida Division of Workers’ Compensation (FL WCC), almost 64,000 workers file claims every year seeking monetary benefits. The losses are significant if you were injured at work, and they extend beyond the physical pain. You will suffer financial impacts as you incur medical bills for treatment, and you could lose out on wages by not being able to work.

The state workers’ comp system pays benefits, but there can be some confusion about how Florida personal injury laws apply to workplace accidents. You know that injured victims often seek legal remedies through a lawsuit in court. The key is which options are available to you under the circumstances, and your Miami workplace injury lawyer will provide answers. Some background about who you can pursue after an on-the-job accident is also useful.

Options After Work-Related Accidents

Spinal Injuries in Florida Slip and Fall Accidents

Published on: December 22, 2023 | by Gerson & Schwartz, P.A.

A slip and fall accident could affect any part of the body, whether the injury comes from striking a hard surface, attempting to break the fall, or trying to mitigate harm. Because of the role the spine plays in terms of providing stability, mobility, and flexibility, a victim will often suffer injuries to the spinal cord. The National Spinal Cord Injury Statistical Center (NSCISC) reports that falls rank second for causing trauma to the spinal cord, while auto crashes top the list. Slip and fall incidents are responsible for 32.2% of all spinal cord injuries.

If you sustained trauma to the spinal cord, the implications could be extremely serious. You do have legal remedies, such as pursuing a negligent property owner for not maintaining the premises. A Miami slip and fall accidents attorney will assist with recovering monetary damages for your losses, but you can check out some basics about spinal cord injuries.

Types of Spinal Cord Injuries

What Medical Experts Do in Florida Medical Malpractice Cases

Published on: December 15, 2023 | by Gerson & Schwartz, P.A.

The human body is a complicated machine, which is why the practice of medicine is so highly complex and technical. In the case of a Florida medical malpractice claim, the facts and arguments are also very convoluted. To simplify medical definitions and concepts, all parties will rely on medical experts. The Florida Evidence Code provides that qualifying individuals can testify regarding scientific and specialized knowledge, which will assist the jury in determining a fact at issue.

Plaintiffs in a medical malpractice case will call a medical expert to support their claims, while defendants will retain their own to fight the allegations. Still, there are some specific tasks that a medical expert will complete to help with your case and meet certain statutory requirements. Your Miami medical malpractice lawyer will take the lead with strategy, and you can read on for information on what medical experts do for your case.

Prepare Written Opinion

Tips for Depositions in Miami Personal Injury Cases

Published on: December 8, 2023 | by Gerson & Schwartz, P.A.

If you were injured in an accident that was someone else’s fault, you will need to participate in discovery to establish and narrow down the important facts in the case. As part of the process, it is likely that you will be called for a deposition by the legal counsel for the at-fault party. Florida civil procedure rules allow for depositions of parties, and these sessions are essentially an in-person interview where the opposing counsel will ask questions about the accident.

A deposition might seem intimidating when you have never been through one, so it is helpful to know what to expect. Your testimony, given under oath, could have a major impact on your case. Fortunately, your Miami personal injury attorney will prepare you for the process and ensure you feel confident going in. Plus, some tips on appearing for your deposition should be helpful.

Understand Your Oath

Is Lane Splitting Legal Under Florida Motorcycle Laws?

Published on: December 1, 2023 | by Gerson & Schwartz, P.A.

When you are stopped or slowed in traffic while riding your motorcycle, you may experience a strong temptation to drive between lanes and avoid the congestion. This practice is known as lane splitting, in which a motorcyclist travels down the narrow path separating vehicles. Florida traffic regulations prohibit lane splitting, and the ban on this maneuver was imposed for safety reasons. A motorcycle rider increases the risk of serious crashes by operating the vehicle in what amounts to an unofficial, illegal lane of their own creation.

A motorcyclist could face fines, points on their driving record, an increase in insurance premiums, and many other consequences for lane splitting. In addition, the practice could affect your rights if you were injured in a collision because it could weaken your claim against the at-fault driver. You can overcome challenges with help from a Miami motorcycle accident lawyer, but read on for some important information about lane splitting in Florida.

Specifics of Florida’s Lane Splitting Law