$60 MillionSexual Abuse Victim

$37.5 MillionProduct Liability

$12.5 MillionWrongful Death

$10.5 MillionCrime Victim

$2.8 MillionJury Verdict Car Accident/Dram Shop

$2.5 MillionTruck Accident

$2.4 MillionTruck Accident

$2.2 MillionCar Accident

$2 MillionPremises Liability

$1 MillionMedical Malpractice

$1 MillionInadequate Security

$900,000Inadequate Security

$800,000Workplace Accident

$800,000Slip and Fall

$700,000 Cruise Ship Case

$500,000Rape Sexual Assault

$500,000Car Accident

$500,000Slip and Fall

(Confidential)Cruise Ship Case

Miami Personal Injury Lawyer Blog

Who is Liable for Accidents at Resort Beaches in Florida?

Published on: August 30, 2024 | by Gerson & Schwartz, P.A.

The reasons for the nickname “Sunshine State” are obvious, since the beautiful resort beaches of Florida attract visitors from around the world seeking relaxation and enjoyment. A publication on Florida’s Hotel Industry, By the Numbers, includes a snapshot regarding hotels, resorts, and vacation clubs. The statistics reveal that there are almost 4,500 properties in the state and counting, with new developments monthly. These resorts offer around 483,000 guestrooms to visitors.

However, accidents at resort beaches can happen, turning a dream vacation into a nightmare. If you or a loved one was injured at a hotel beach in Florida, you may wonder about liability. Determining which parties are responsible for accidents is crucial for your legal claim. A Miami resort accident lawyer will explain how liability works, but you may benefit from reviewing some key factors.

1. Resort Legal Duties

Injured at Sea? Workers’ Compensation in Florida’s Maritime Industry

Published on: August 23, 2024 | by Gerson & Schwartz, P.A.

Florida’s many miles of coastline comprise a thriving maritime industry of workers serving cruise lines, cargo operations, and many other water-based activities. However, working on the water comes with inherent risks. If you were injured in a maritime accident on the job, you wonder about your rights. There are workers’ compensation laws in Florida, but they do not apply to maritime workers in the same way as employees in other market sectors.

Being injured in any workplace accident can be physically, emotionally, and financially draining, so it is crucial to pursue all legal options. Fortunately, you may be protected by two federal workers’ compensation laws specifically intended for maritime employees. A Miami maritime accident attorney can provide details on what workers are covered by these laws, but the answer depends on the specific nature of your work.

1. Longshore and Harbor Workers’ Compensation Act

What is Common Carrier Liability for Truck Accidents in Florida?

Published on: August 16, 2024 | by Gerson & Schwartz, P.A.

Florida’s interstate and highway systems are vital for commerce, but they also pose a significant risk for passenger drivers sharing the road with massive commercial trucks. In fact, The Zebra, an online resource and marketplace for auto insurance, ranks I-95 as the most dangerous highway in the US. Plus, there are many other truck routes around Miami that carry heavy traffic from semis and 18-wheelers, such as I-75 and the Florida Turnpike.

When a truck accident occurs, the consequences can be devastating. If you were injured in a collision involving a Commercial Motor Vehicle (CMV), understanding legal liability for common carriers is crucial for seeking fair compensation. Your Miami truck accident lawyer has the in-depth knowledge necessary to enforce rights, but some information is useful.

What is a Common Carrier Liability?

How Do I Know if I Have a Workplace Injury Claim in Florida?

Published on: August 9, 2024 | by Gerson & Schwartz, P.A.

Workplace accidents happen all the time, and some incidents are so severe that they result in serious injuries to employees. The Florida Division of Workers’ Compensation (FL DWC) reports that injury-causing accidents are common, totaling around 60,400 cases per year. If you suffered injuries due to a workplace accident, you may already know that the path to recovery can be stressful. Not only are you in physical pain, but you are also incurring medical bills and other losses when you are unable to work.

You might be unsure if your injuries qualify for a claim under state workers’ comp laws, and the legal can also seem daunting. It is important to trust a Miami workplace accident attorney to assist with filing a claim and obtaining the benefits you deserve. Plus, some information will help you understand the key factors to determine if you have a potential workplace injury claim in Florida.

You are a Covered Employee. Florida’s workers’ compensation system covers most employees in the state, including full-time, part-time, and temporary workers. There are some exceptions, such as independent contractors, railroad workers, and certain government employees. Special rules also apply to construction workers.

Tragedy as Teen is Killed in Miami Boating Accident

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

Memorial Day Weekend is well-known as the unofficial kickoff to the summer social season, but this year’s celebration was dampened by a horrific boating accident in Key Biscayne near Miami. According to a May 23, 2024, article in the Miami Herald, a 15-year-old girl was water skiing on a family boat when she was struck by another vessel. The at-fault boat did not stop at the scene, so initial reports indicated that the boating accident was a hit-and-run. However, the owner of the craft that struck the teen checked in with police and is cooperating with the investigation.

Surviving family members may have a claim against the at-fault boat operator, but there are numerous factors that affect the legal process. The status of the victim, timing, and theories of liability are all issues you need to know. Your Miami boating accident lawyer can explain specifics, and there are some legal points that are useful as an overview.

Wrongful Death Action

How Do Dislocation Injuries Happen?

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

Of all types of injuries a victim can suffer in an accident, dislocations of the body’s joints certainly tend to make people cringe. The definition from medical experts at Johns Hopkins Medicine states that this joint injury occurs when the ends of two connected bones separate. Though there are some medical conditions that cause dislocation, the vast majority of these injuries are caused by accidents. If you suffer a joint dislocation, you will certainly know right away because of the intense pain. However, additional symptoms include visible evidence of the bone being out of place, numbness and tingling at the joint, swelling, bruising, and inability to move.

There are many accidents that can cause dislocation injuries because they involve violent, harsh impacts on the body. While the immediate pain is excruciating, you could also suffer long-term or permanent disability. A Miami personal injury attorney can assist with your claim and provide some details to explain how dislocations happen.

Long-Term Trauma from Dislocation Injuries

Protect Against Miami Bicycle Accidents: Safety Gear Beyond the Helmet

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

The weather in Florida is excellent for a wide range of outdoor activities, and bike riding is one that many people enjoy throughout the year. However, many bicycling enthusiasts are aware that there is a significant risk of bicycle accidents in South Florida. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 8,400 bike collisions statewide, leading to around 230 fatalities and 7,900 injured victims. Of these bicycle accidents, almost one-third – 2,545 – occur in Broward, Miami-Dade, and Palm Beach Counties.

Helmets are highly effective in preventing and reducing head injuries in bike collisions, but there are many other ways to protect yourself. With the right strategy, you can avoid crashes or mitigate the harm from Miami bicycle accidents. Here are a few options to consider:

Your Bike Riding Wardrobe

How Responsible Cruise Operators Protect Passengers

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

In the world of cruise ship accidents, people tend to fixate on all of the different ways the cruise operator went wrong or failed to protect passengers. Therefore, it is also important to focus on the tactics and decisions by cruise lines that enhance safety but often get overlooked. In a recent report, Royal Caribbean announced changes to an upcoming itinerary that had included a stop at a private island port in the northern region of Haiti. Violence in the region had claimed the lives of at least 2,500 victims as of the end of April 2024, and continued unrest would put passengers at risk of serious injuries. The cruise would not be stopping at this particular port.

Had Royal Caribbean not made the changes, any passenger who was harmed by violence during shore excursions might have a claim against the operator for damages. A Miami cruise ship accident attorney can assist with the legal process if you were hurt onboard, and it is helpful to review some information on what cruise operators do to protect passengers.

Other Examples of Cruise Safety Measures

What Type of Case is a Slip and Fall in Florida?

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

For many Florida residents, the notion of pursuing an at-fault party for injuries is typically something associated with traffic accidents. You might be surprised to learn that slip and fall incidents actually claim the lives of more victims annually. According to the US Centers for Disease Control and Prevention (CDC), unintentional falls cause around 44,630 deaths every year, while 44,534 victims are killed in motor vehicle crashes. With both types of accidents, the losses for victims can be significant.

Fortunately, the laws that apply to auto collisions also provide rights for victims of slip and falls because both are personal injury claims under Florida law. You have legal remedies, so it is important to discuss them with a Miami slip and fall accidents attorney. Some answers to frequently asked questions are also useful.

What is the legal basis for a slip and fall?

What Florida County is Deadliest for Car Accidents?

Published on: June 28, 2024 | by Gerson & Schwartz, P.A.

You may hear about car accident statistics and know that they happen frequently, but you might not realize how they affect you close to home in South Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 59,000 crashes in Miami-Dade County and almost 38,800 in Broward County every year. This data places these counties in the top two spots for the total number of traffic collisions in Florida. Plus, another 24,000 car accidents take place in nearby Palm Beach County, ranking it in the Top 10 most dangerous counties in Florida for auto crashes.

Some additional statistics on traffic collisions may help you know how to avoid them, and information on the deadliest roads by number of fatalities is also helpful. You have rights if you were hurt, so get in touch with a Miami car accident lawyer to learn about your remedies. An overview of the dangers is also useful.

Statistics on Auto Crashes in Florida