personal injury

Liability for Catastrophic Cheerleading Injuries in Miami

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

Cheerleading has become an exciting, thrilling sport for children of all ages, and it is no longer the simple leaps, high kicks, and shaking pompons in support of the team. Members of the squad are being tossed 25+ feet in the air, executing complicated aerial gymnastics as they fly. It is no wonder that cheerleading accidents are common, but data from the National Institutes of Health (NIH) is surprising. Around 35,000 cheerleaders present to emergency rooms every year, and cheerleading injuries represent more than half of all catastrophic injuries among female athletes. In fact, the rate of catastrophic injuries among cheerleaders exceeds injuries to male football players.

If you or your child was hurt in a cheerleading accident, you may wonder about your rights under Florida personal injury laws. Victims do have remedies, so it is critical to pursue them to ensure rightful compensation. You should make it a priority to retain a Miami catastrophic injuries attorney for assistance, but some information on the risks and liability for cheerleading accidents is useful.

Types of Catastrophic Injuries from Cheerleading Accidents

How Long Do I Have to Sue After a Miami Car Accident?

Published on: August 11, 2023 | by Gerson & Schwartz, P.A.

South Florida is one of the most dangerous regions of the state to drive in, and statistics prove the risks. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 128,000 total traffic crashes in Miami-Dade, Broward, and Palm Beach Counties every year. Around 800 people lose their lives and 67,400 victims are injured in these incidents. They suffer massive losses because motorists do not exercise care behind the wheel.

Fortunately, state law provides you with remedies if you were hurt or lost a loved one in a crash. As with all personal injury cases, there is a statute of limitations to keep in mind. Florida recently enacted tort reforms that affect your deadlines, so you should rely on a Miami car accident lawyer to assist with your claim. An overview of the legal process and timing issues is also useful.

Florida’s Traffic Crash Statute of Limitations

Civil Suits for Child Crime Victims: Factors Parents Need to Know

Published on: June 2, 2023 | by Gerson & Schwartz, P.A.

Society looks at violent crimes against children as being absolutely reprehensible, so all US states have laws that enhance criminal charges when the victim is a minor. Unfortunately, statistics from the US Department of Justice (DOJ) reveal that harsh punishment for offenses does not deter criminal activity. Around 40% of American children are the direct victims of violent crime or abuse, including assault, battery, sexual assault, molestation, and many others. For a child, the physical pain may be significant, but the emotional and psychological effects are also profound.

In Florida, it is possible for parents to seek justice after their child is the victim of a crime. You can pursue the offender, as well as any property owner or party that negligently allowed the offense to happen. However, there are some laws that make these civil cases different from personal injury cases involving adults. A Miami crime victims attorney can explain details on the important factors when a child is the victim of a crime, and some general information is useful.

Statute of Limitations

Types of Injuries That Result From a Miami Slip and Fall Accident

Published on: May 19, 2023 | by Gerson & Schwartz, P.A.

With stories about motor vehicle accidents constantly in the news, it might surprise you to learn that traffic collisions are not the top cause of injuries in the US. Falls are the number one reason individuals seek medical treatment, according to the Centers for Disease Control and Prevention (CDC). Every year, almost 8.6 million people visit hospital emergency rooms for care due to injuries from slip and falls. Tragically, around 44,680 people are killed in fall accidents annually.

Florida personal injury laws apply to slip and fall accidents, so you may be able to recover compensation if you were hurt. It is important to take advantage of all legal opportunities since your injuries can be life-changing. Besides physical pain, you may also endure emotional and financial losses. It is crucial that you trust a Miami slip and fall attorney for assistance with the process, especially if you suffered any of the following injuries from an accident.

Trauma to the Head

What is the Glasgow Coma Scale?

Published on: May 5, 2023 | by Gerson & Schwartz, P.A.

Accidental injuries can cause serious harm to any part of the body, but there are significant concerns when a victim suffers a concussion, traumatic brain injury (TBI), or other types of catastrophic head injuries. Because time is of the essence, healthcare providers use a scoring method to assess the level of consciousness of the victim following a TBI: The Glasgow Coma Scale (GCS). The National Institutes of Health (NIH) explains that the analysis is a reliable, effective way to determine a person’s cognitive awareness at the scene of an accident, in the emergency room, and in hospitals. The GCS scoring method is also applied afterward to evaluate progress or deterioration during recovery.

If you or someone you love suffered in an accident, you will probably encounter the GCS frequently during the course of treatment. Fortunately, the scoring system can be useful as evidence when pursuing legal remedies after a vehicle crash, slip and fall, sports injury, or other accident. Your Miami catastrophic injuries attorney will determine how to best leverage the information, but understanding the GCS is helpful.

Three Areas of Assessment

New Law in Florida Affects the Rights of Accident Victims

Published on: April 14, 2023 | by Gerson & Schwartz, P.A.

Unless you work in the legal field, you may not be aware of a measure recently passed by the Florida legislature and signed into law by the governor. However, if you are the victim of any type of accident in the state, the new statute could have profound impacts on your rights. Florida lawmakers enacted a tort reform measure in March 2023, which contains multiple provisions that change civil remedies and damages in personal injury cases. The biggest supporters of the law celebrated when it went into effect, namely the insurance companies that will always try to find ways to pay victims as little as possible.

If you were hurt in an accident, there are three key provisions in the new law that affect your claim. You can count on your Miami personal injury attorney to tackle the challenges, as well as the other complexities that arise in any case. Still, to give you a better understanding of this tort reform, some basics are useful.

Three Important Takeaways from Florida Tort Reform

Can a Judge Reduce Damages Awarded in a Florida Car Accident Case?

Published on: January 27, 2023 | by Gerson & Schwartz, P.A.

When settlement negotiations and mediation are unsuccessful in resolving a car accident claim, you will need to take your case to trial to recover the compensation you deserve. Though every matter is different, you can consider it a win when the jury comes back with a verdict in your favor and indicates the award amount. However, a judge still has the final say under Florida’s statute on remittitur and additur, legal jargon for increasing or decreasing damages. If the judge finds that the award is improper, it could be reduced.

It might seem unfair that the court could change the amount that a jury has found to be reasonable. Still, the statute is clear: Lawmakers intended to bring practicality and logic to the civil court system, so it is in the best interests of Florida motorists to allow a judge to make adjustments. A Miami car accident attorney can explain details, but some background on this law is useful.

Factors Judges Weigh in Modifying Jury Awards

What Information Goes in a Demand Package for a Personal Injury Case?

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

In a year when most health focus was on the pandemic, unintentional death and injury numbers may have been overlooked in 2020. However, the National Safety Council (NSC) compiled statistics from the same time period and reported some disturbing trends. Accidents claimed the lives of around 201,000 people, an increase from the 173,040 fatalities recorded for 2019. Plus, 55.4 million victims sought medical care at emergency rooms for unintentional injuries, with the top causes being motor vehicle crashes, slip and falls, and workplace accidents.

Fortunately for victims, most of these incidents are covered by the at-fault party’s insurance. Motorists, businesses, and property owners carry liability policies to protect against accidents, so you will need to file a claim with the insurer to recover compensation. There is more to the process than filling out some forms, as you will need to submit a settlement offer and demand to the company. Your Miami personal injury attorney will prepare the necessary documents, but it is helpful to know what goes into the package.

Facts of the Accident

How to Prove the At-Fault Driver Was Drunk in a Florida DUI Accident

Published on: January 13, 2023 | by Gerson & Schwartz, P.A.

Drunk driving accidents claim the lives of thousands across the U.S. every year, and data from state officials reveal how the problem affects Florida motorists. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 5,000 crashes annually involving intoxicated drivers. Approximately 375 people are killed in these incidents, while more than 3,000 victims suffer injuries in DUI collisions. Fortunately, you do have rights under Florida law if you were hurt by a drunk driver. You may qualify to recover compensation for your physical, financial, and emotional losses.

Though you might think your rights are clear when an intoxicated driver causes a collision, there are still complications with DUI crashes. You will need solid evidence of fault, so proof of impairment is critical. There are multiple sources of evidence for your case, and a Miami DUI accident lawyer will be thorough in gathering strong factual support. Some basics will help you understand what information might be useful.

Evidence for DUI Crashes

Tips to Protect Children When Vacationing at a Miami, FL Resort

Published on: December 30, 2022 | by Gerson & Schwartz, P.A.

Florida has long been a hot destination for family and vacation travel, and recently released data indicates that the trend will continue. University of South Florida researchers estimated that more than 35 million people visited the Sunshine State during the third quarter of 2022, an increase over the same period last year. These figures are also an increase over the third quarter of 2019, so there are signs that the travel industry has moved on from the consequences of the pandemic. Compared to July 1 to September 30 of 2019, tourism data for the same quarter of 2022 was 8% higher.

Many families head to South Florida for vacation, with the beaches, parks, and resorts being top attractions. There are plenty of activities for children, but it is important for parents to realize accidents are a common risk. You should discuss your legal options with a Miami resort tort lawyer if your child was hurt since these facilities are obligated to provide a safe space. To avoid having an accident ruin your vacation, consider the following tips.

Carefully Supervise Around Pools