personal injury attorney

Understanding Comparative Negligence in Florida Personal Injury Cases

Published on: October 10, 2025 | by Gerson & Schwartz, P.A.

A key to winning a personal injury case is proving negligence by the at-fault party, but you should keep in mind that the laws also focus on negligence by the victim. Comparative negligence in Florida means your compensation in a personal injury case is reduced by your percentage of fault. If you are more than 50 percent responsible, you cannot recover damages under Florida’s statute on comparative fault.

Insurance companies will try to highlight negligent acts to justify denying your claim, which is why retaining a Miami personal injury lawyer is crucial to protect your rights. You can also read on for some basics on how comparative fault works.

What is Comparative Negligence in Florida Personal Injury Law?

Steps When Hiring a Miami Personal Injury Lawyer in Miami

Published on: June 27, 2025 | by Gerson & Schwartz, P.A.

Accidents remain one of the top causes of death and disability in the US, but victims do have options after suffering injuries. Florida personal injury laws authorize you to sue for damages, including your medical costs, lost wages, and pain and suffering. Compensation can help you get your life back, so it’s crucial to enforce your rights.

Legal assistance is essential for the process, but many victims don’t know where to begin with hiring a Miami personal injury lawyer. Here are some steps that should help you find the right fit.

What to Look for When Seeking Legal Counsel

How Much Do Personal Injury Lawyers Charge in Miami?

Published on: May 2, 2025 | by Gerson & Schwartz, P.A.

Legal fees for personal injury lawyers in Miami vary widely, but there is one critical standard that applies to all client relationships. Under Rule 4-1.5 of the Florida Rules of Professional Conduct, attorneys are permitted to use a contingency fee agreement. Payment is contingent upon winning your case, and legal fees are a percentage of the amount recovered.

Most Miami personal injury lawyers work on a contingency, so you need to understand how this method of billing works. Answers to a few FAQs are useful.

What is the Typical Contingency Fee for Personal Injury Lawyers in Florida?

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