car accident attorney in Miami

Five Tricks Insurance Adjusters Try to Pull on Florida Car Accident Victims

Published on: May 31, 2024 | by Gerson & Schwartz, P.A.

No matter how safe you are behind the wheel and the lengths you go to when defensive driving, car accidents are a common threat in Florida. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there were 394,255 total crashes in 2023, including collisions involving cars, large commercial trucks, motorcycles, pedestrians, bicyclists, and other road users. In sum, almost 252,000 victims suffer injuries in all types of accidents. Unfortunately, the numbers for 2024 are not promising. Already, as of mid-April 2024, there have been almost 103,000 car accidents in Florida.

Fortunately for victims, Florida law allows recovery of monetary damages. It is possible to obtain compensation by filing an insurance claim, but dealing with these companies is challenging. They will always try to pay less than what your claim is worth in order to protect profits. With help from a Miami car accident attorney, you can avoid the tricks insurers try to pull.

1. Offering Quick Settlement: In some cases, the adjuster may reach out and make an offer to resolve your claim right away. The companies do this to make sure they capture your attention before you have a chance to retain an attorney. They also know that it is unlikely that you have a full idea of the amount of your losses.

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

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

Complex Regional Pain Syndrome and Florida Car Accident Cases

Published on: October 20, 2023 | by Gerson & Schwartz, P.A.

If the injuries you sustained in a car accident do not affect your brain or spinal cord, then you have escaped the worst-case scenario, but plenty of other accident-related injuries can still cause chronic pain and make it difficult to work and engage in your usual daily activities. In some cases, the pain worsens over a period of days or weeks, which is bad enough when you and your doctors are just trying to find a way to manage the pain, but it is even worse when you are trying to persuade a car insurance company of how severe your accident-related injuries are. Getting injured is a financial burden, no matter the circumstances, but it is even more frustrating when you have to fight tooth and nail to get insurance companies to pay for your treatment. A Miami car accident lawyer can help you if your injuries feel worse than they look, and the at-fault driver or the insurance company is accusing you of exaggerating your symptoms.

Causes and Symptoms of Complex Regional Pain Syndrome

Complex regional pain syndrome (CRPS) is a set of troublesome symptoms that arise from an injury to a nerve in the arm, leg, wrist, or ankle. The nerve injury happens as a result of trauma to nearby bones or soft tissues. As a result, the syndrome affects an entire arm, leg, hand, or foot, the entire area controlled by the affected nerve. Symptoms include chronic pain, numbness or tingling, weakness, abnormal sweat production, abnormal growth of hair and nails, and changes to the color, temperature, and texture of the skin of the affected area. In some cases, the pain of CRPS is much worse than that of the acute injury that precipitated it. Some patients with CRPS are unable to work because their symptoms are so severe.

Parents: Tell Teens What to Do After a Miami Car Accident

Published on: August 25, 2023 | by Gerson & Schwartz, P.A.

Parents and the public in general spend a lot of time explaining safety rules for teen drivers, warning them about hazards, avoiding texting, and encouraging them to get experience. What they do not mention in these awareness campaigns is what to do after a car accident happens. According to the Florida Teen Safe Driving Coalition, there are more than 800,000 registered drivers in the state aged 15 to 19 years old. On average, these motorists cause around 84,000 traffic crashes, resulting in 350 fatalities. The highest collision rates in Florida are in the 18 to 19 age group, while nationally the age is 16 to 17.

These statistics are horrifying for parents, but there is the aftermath of the crash to consider when you are not present. Your child is hurting, confused, and overwhelmed by the chaos. You no doubt have stressed all the safety recommendations and implemented rules to avoid them, but you must also prepare teen drivers for what to do after a Miami car accident.

Dial 911

Two of the Three Deadliest Roads in the US in South Florida

Published on: March 10, 2023 | by Gerson & Schwartz, P.A.

You might hear rumors or have personal experience driving on the most dangerous roads across the US. However, statistics are actual proof that Florida is home to a few of the deadliest highways in the nation. According to a report published by WFLA NBC News Channel 8, traffic data from all US states was analyzed to determine where the highest number of fatal auto accidents occur. Researchers crunched the numbers and ranked the Top 20, finding that three of them are in Florida. Besides the individuals who were killed, thousands of other victims are injured on these same roads annually.

For many people who hear about highways being extremely dangerous, the first idea is to avoid them entirely. Not everyone can do so, but it is helpful to realize why collisions occur on these roads so frequently. If you were involved in a crash, retaining a Miami car accident attorney should be a priority.

Three Deadliest Roads in Florida

Facts to Know as a Passenger Injured in a Miami Car Accident

Published on: February 17, 2023 | by Gerson & Schwartz, P.A.

Considering the dense population in South Florida, it is not surprising that more than one-third of all motor vehicle accidents occur in the counties of Miami-Dade, Palm Beach, and Broward. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports there were more than 123,000 crashes in the region in 2022, and the figures for 2023 are on track to reach this total by the end of the year. Of these collisions, around 43,250 are injury-causing, leading to bodily harm for almost 64,600 victims. Based on the data, you can guess that many of the people who are hurt in Miami car accidents are passengers in the involved vehicle.

Passengers do have rights under Florida law, but the legal process can be more complex when it comes to insurance questions. This is because of the state’s no-fault insurance law, which requires all motorists to carry Personal Injury Protection (PIP). A Miami car accident lawyer can explain your remedies, but a summary is useful.

You must go through your own PIP. If you own a vehicle and follow the law by purchasing the required auto insurance policy, you are covered as a passenger in someone else’s car. In fact, you must file a claim with your own insurer in such a situation. Through PIP, you can recover up to 80 percent of all reasonable medical costs and expenses related to the accident. If you miss work because of your injuries, PIP will pay up to 60 percent of lost wages.

Facts About Work-Related Car Accidents in Florida

Published on: January 6, 2023 | by Gerson & Schwartz, P.A.

You might assume that some occupations are more dangerous than others, but the risk affects all Florida employees when you realize the number one cause of work-related fatalities in America. Motor vehicle accidents. The US Centers for Disease Control and Prevention (CDC) reports that more than 17,000 employees were killed in on-the-job traffic crashes from 2011 to 2020. The 1,038 workers who died in 2020 represent 22% of all workplace deaths. Plus, many others are injured in vehicle accidents while working, leading to significant losses for entire families.

Work-related injuries are typically covered by Florida workers’ comp laws, which are the exclusive remedy for employees hurt on the job. However, the nature of traffic collisions means that you might pursue additional options. There are advantages if you qualify, and a Miami workplace injury attorney can explain them in detail. A few facts are also useful as an overview.

Workers’ Comp May NOT Be Your Only Remedy

What a Motorist’s “Driving Personality” Says About Miami Car Accidents

Published on: December 2, 2022 | by Gerson & Schwartz, P.A.

You have heard about how your personality impacts relationships and professional opportunities, but researchers have discovered another area where these traits affect your life. The American Safety Council reported on a study of driving personalities, basically a psychological assessment of the state of mind of motorists when operating a vehicle. Researchers have identified seven different driving personalities, though they did stress that the categories are fluid. Drivers could draw traits from multiple personalities, especially under varying traffic conditions.

As you can probably guess, certain driving personalities are more likely to cause or contribute to auto collisions. Their attitudes put all motorists at risk, so it is good to know you have legal options under Florida law if you were hurt. A Miami car accident lawyer can assist with pursuing the at-fault driver for compensation, including medical costs, pain and suffering, and emotional distress. Meanwhile, here are a few of the driving personalities to avoid when you can – and avoid being one yourself.

The Know-it-All: These were some of the most annoying kids in your class when you were younger, and they are no better when they get on the road. Know-it-Alls considers themselves experts on every traffic law in Florida, so they are always in the right regarding traffic situations. Their self-aggrandizing attitude also ensures they will communicate with other drivers who are “wrong,” often opening a window to scream at another motorist.