personal injury

Three Laws Victims of Miami Maritime Accidents Need to Know

Published on: May 13, 2022 | by Gerson & Schwartz, P.A.

Due to its location, climate, and ease of access to the Atlantic Ocean, Caribbean Sea, and other major waterways, it is no surprise that Miami is a major shipping and cruising hub. In fact, the Port of Miami is one of the busiest cargo ports in the US, and it is the largest passenger port in the world. The sprawling facilities located in Biscayne Bay account for more than 334,000 jobs and bear an economic impact of $43 billion for the State of Florida every year.

Working around harbors and watercraft of all sizes is dangerous, so these 334,000 maritime employees are putting their lives and safety at risk every workday. The potential for injuries and even life-threatening accidents is high, so it is reassuring to know that there are several laws that protect you. The key is knowing which ones apply to your situation, and a Miami maritime accidents lawyer can explain the details. Your circumstances may trigger:

The Jones Act

April is Distracted Driving Awareness Month: Understanding the Dangers

Published on: April 8, 2022 | by Gerson & Schwartz, P.A.

Even after years of public safety campaigns and issuing tickets for cell phone use, it seems that many motorists could use a reminder on the dangers of texting, talking, and other forms of distracted driving. Once again, the National Highway Traffic Safety Administration (NHTSA) is hosting its annual Distracted Driving Awareness Month this April 2022. The “U Drive, U Text, U Pay” slogan is directed at prevention through pointing out the financial implications, but other details are important for revealing the risks of distracted driving. This risky misconduct causes more than 3,100 fatalities every year and, instead of decreasing, the number of deaths is on the rise.

It may be tempting to grab your phone while behind the wheel, but you are less likely to reach for it when you understand the dangers. While you should consult with a Miami distracted driving accidents lawyer if you are involved in a crash, it is helpful to review some tips in avoiding the temptation.

Why Distracted Driving Increases the Risk of Crashes

National Dog Bite Prevention Week April 2022: Protecting the Youngest Victims

Published on: April 1, 2022 | by Gerson & Schwartz, P.A.

While canines may be among America’s favorite household pets, the fact that there is an event dedicated to reducing the number of dog bites indicates that these four-legged friends can still be dangerous. This April 10-16, 2022 is National Dog Bite Prevention Week, a time for the American Veterinary Medical Association (AVMA) to draw attention to the dangers, offer safety tips, and remind the public that even nice dogs can attack. Another hint to the AVMA initiative is found in the title itself: It is possible to prevent dog bites with proper care.

Among all the useful points made by AVMA in their literature about dog bite prevention is a disturbing statistic: Around 50% of victims are children. Parents can rest assured that Florida laws cover these cases, but incidents involving minors raise complicated legal issues. A Miami child injuries attorney will help navigate the challenges, and some information about these cases is useful.

Why Children Tend to be Dog Bite Victims

Investigation Continues in Deadly Crash at South Beach Café

Published on: March 4, 2022 | by Gerson & Schwartz, P.A.

A South Beach community is reeling after an incident involving an elderly woman who drove her vehicle into a popular outdoor café, killing one man and injuring six others. Miami’s Local 10 News reported on the accident, which occurred during the busy evening hours when the restaurant was packed with diners enjoying their meal on the terrace. Witnesses believe the woman was attempting to parallel park her Bentley when she mistook the “Park” pedal and put the car in reverse. As a result of her confusion, the woman plowed through an embankment, over the curb, and into the outdoor dining space.

The woman is not facing criminal charges, but victims and their families may already be considering legal action through Miami personal injury lawsuits. As the investigation into the deadly accident continues, some of the details are raising more questions than answers.

What liability concepts apply? There are two possible personal injury claims that victims and their families might consider pursuing, as the incident encompasses both premises liability and motor vehicle accident concepts. However, the basis for liability is the same: These accidents happen because of negligence, so victims must prove that the incident occurred because a party failed to exercise reasonable care.

FAQs About the Ghislaine Maxwell Conviction and Civil Suits

Published on: January 21, 2022 | by Gerson & Schwartz, P.A.

It took a jury five days to reach a verdict in the criminal case against British socialite Ghislaine Maxwell, who was charged for her role in grooming and luring minor girls to serve the sexual exploits of financier Jeffrey Epstein. On December 29, 2021, Maxwell was convicted on 5 of 6 counts. The Miami Herald reported on January 15, 2022 that sentencing will take place at a hearing in June, at which the US District Court judge will decide how long she spends behind bars. Each count ranges from five to 40 years in federal prison.

The conviction against Maxwell means closure for many of Epstein’s victims, but it also prompts questions about civil remedies linked to criminal cases. Many people will also wonder whether it is possible to hold Maxwell accountable when she did not directly cause harm. A Miami sexual assault victims attorney can describe the details, but some answers to FAQs are informative.

How does a conviction impact a civil lawsuit?

Is the Spinal Cord an Organ?

Published on: January 7, 2022 | by Gerson & Schwartz, P.A.

You know the importance of your body’s most critical organs: The heart, brain, lungs, and many others are responsible for basic functions, and your life would be changed forever if they were harmed by trauma. The medical definition of an organ is any part of the body that carries out special functions, but the spinal cord is sometimes not included on the list. The Resource Center for Brain and Spinal Cord Injuries offers two opinions on the matter:

The spinal cord is a group of nerves that serves as a messaging center between the brain and parts of the body, but it does not have a direct impact on other organs.
Due to its common tissue throughout and functioning as a unit to support the rest of the body, the spinal cord is an organ – similar to skin.

Four Laws That Impact Your Florida Truck Accident Claim

Published on: December 17, 2021 | by Gerson & Schwartz, P.A.

It should come as no surprise to learn that truck accidents are some of the most deadly, devastating incidents occurring on the nation’s roadways, but a key statistic might shock you: According to the Federal Motor Carrier Safety Administration (FMCSA), Florida places third among all US states when it comes to fatal truck crashes. There are more than 300 collisions involving semis, 18-wheelers, tractor-trailers, and other large commercial vehicles every year, and only Texas and California rank higher. Hundreds of thousands of victims also suffer serious bodily harm in the 102,000 total injury-causing truck accidents nationwide.

Fortunately, victims and their families have the authority to pursue the at-fault driver in a truck crash. As with any legal matter, there are multiple laws that apply and some of them are important to know. A Miami truck accident lawyer will address the details, but take note of the following issues that impact your claim.

Florida Fault Laws

South Florida’s Most Dangerous Roads

Published on: November 19, 2021 | by Gerson & Schwartz, P.A.

Even with advancements in auto safety, increased enforcement of traffic laws, and cracking down on distracted driving, car accidents still occur in South Florida at an alarming rate. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 65,000 auto crashes in Miami-Dade County alone, causing almost 300 fatalities every year. Another 32,000 victims are injured in traffic collisions, and their losses can be devastating. In addition to the physical pain, medical bills, pain and suffering, and other consequences add up.

Various factors are at play when it comes to assessing the safety risks on county thoroughfares, local city streets, and highways. You can trust a Miami highway car accidents attorney to protect your rights if you were involved in a collision on any of South Florida’s most dangerous roads. When you know where they are located, you might understand why collisions are a common occurrence in these areas.

I-95 and Florida’s Turnpike

A “Few Too Many” Could Mean Harsh Consequences for Florida Accident Victims

Published on: October 22, 2021 | by Gerson & Schwartz, P.A.

When happy hour extends well into the evening, you know that it is a huge mistake to get behind the wheel while intoxicated. What you may not realize is how being drunk can impact your rights in an accident, even when you were not driving. Under basic personal injury laws, individuals and entities can be held liable for harm caused by negligent conduct. However, the state comparative fault statute also takes into account the victim’s misconduct. If you were hurt by someone else’s negligence, your compensation might be reduced by the amount of fault attributable to you.

Therefore, you might expect to lose out on a portion of your monetary damages if you were hurt because of your own negligent acts. Unfortunately, another statute may apply to completely bar compensation for victims who were drunk when injured. A Miami personal injury attorney may be able to help overcome the impact of this law, but you should understand how it works.

Florida’s Alcohol or Drug Defense Statute

Florida Nursing Home Abuse: Signs Family Members Cannot Ignore

Published on: October 8, 2021 | by Gerson & Schwartz, P.A.

It is horrifying to learn that the assisted living facility that you carefully researched, paid, and trusted to care for an elderly loved one has shirked its legal obligations. Nursing homes have a duty to provide proper care, but statistics indicate that many fall short. Data from the US Centers for Disease Control and Prevention (CDC) reveals that around one in 10 individuals aged 60 years and older has experienced some form of elder abuse, though the true figures are likely much higher because of reporting issues. Experts estimate that just one in 24 instances of misconduct are communicated to authorities. The nature of elder care in assisted living centers typically puts family members in the position to raise concerns about the resident, who may suffer from dementia, mental decline, or related medical conditions. It is critical to contact a Miami nursing home abuse lawyer right away if you spot the following signs of nursing home abuse that you cannot ignore.

Physical Abuse

Some types of bodily harm are visible, so you are right to be disturbed if you notice bruises, abrasions, or lacerations. Still, you must remain vigilant regarding the less obvious signs of physical abuse in assisted living facilities, such as: