Catastrophic Car Accidents

Catastrophic car accident cases are very different from other cases. Finding enough financial responsibility to compensate injured parties for the lifelong consequences is always a challenge. Some law firms that handle car accident cases only look at initial insurance policy information to determine whether or not there is enough insurance coverage available. In car, auto, and other motor vehicle collisions with catastrophically injuries we always conduct a comprehensive investigation of the case fact and explore all potential responsible parties and investigate all viable legal theories before a final determination is made.

Often times, legal liability in severe injury cases is not always apparent. From poor road design, negligent auto design and manufacturing defects are all theories we investigate. Other times, legal liability in auto accident cases can arise from negligent road construction, negligent maintenance of traffic, to poorly managed, construction sites, and other form of vicarious liability based on joint ventures, and employer and employee relationships.

Our Miami, Florida car accident lawyers know what facts to look for in serious and catastrophically injury cases. Understanding the needs of catastrophically injured victims such as spinal cord, brain injury, and paralysis are all necessary these types of cases and within our extensive experience.

Causes of Catastrophic Car Accidents

Generally speaking, determining liability in a car accident case depends upon determining whose negligence caused the accident. Legal negligence occurs when a party fails to act in accordance with the standard of care that a reasonable person would have used, and that failure leads to some sort of injury to another. Some common ways in which a driver may be negligent and cause an accident include:

  • Speeding
  • Texting and Driving
  • Reckless Driving
  • Driving under the influence of alcohol
  • Failing to yield
  • Weaving
  • Failure to signal a turn
  • Not obeying traffic signals
  • Failure to come to a complete stop
  • Distracted driving
  • Aggressive driving
  • Following too closely

When these injuries are the result of someone else's negligence, Florida law allows people to recover from the party or parties liable for their injuries. Some examples of catastrophic accident injuries that may occur include the following:

  • Traumatic Brain Injury (TBI)
  • Spinal injury
  • Burns
  • Fractures
  • Loss of limbs
  • Amputation
  • Paralysis
  • Internal injuries
  • Head injuries
  • Coma

These are just some of the kinds of catastrophic injuries that can result from a car accident. People who are seriously injured in car accidents may be able to receive significant compensation, which is often necessary to ensure that their and their families' medical and other needs are met. These kinds of injuries are often life altering for both victims and their families and can significantly alter the direction of a person's life. Retaining a qualified attorney that has helped other similar victims with catastrophic injuries is important to ensure medical, financial and social recovery needs are met.  

It is important for anyone who has been involved in a car accident and sustained a catastrophic injury to contact an experienced Miami, Florida car accident attorney as soon as possible. All personal injury claims in Florida are subject to a strict statute of limitations, meaning that there is a limited amount of time in which an injured person may file a claim. In addition, any delay risks the loss or destruction of evidence favorable to your case as well as the fading of witnesses' memories.

Determine Fault After A Catastrophic Car Crash

In some cases, several parties were negligent, and liability is apportioned among them based upon their relative fault. Florida is what is known as a comparative fault state, meaning that the percentage that a plaintiff is found to have contributed to the accident reduces his or her recovery by the same percentage. For example, if a plaintiff was found to be 10 percent negligent in causing an accident and the defendant 90 percent negligent, an award of $100,000 would be reduced by 10 percent to $90,000.

Determining liability in catastrophic injury cases is often a very fact-specific issue, and it can help to have the assistance of a skill personal injury attorney when dealing with insurance companies and other people involved in determining fault. At Gerson and Schwartz PA, our attorneys can help. We may also able to help you avoid litigation and negotiate a settlement as quickly as possible. Sometimes, the mere involvement of an reputable attorney can result in an otherwise non-responsive insurance company settling quickly and favorably.

Why Hire Us For Your Catastrophic Car Accident Claim

We aggressively represent the clients we represent. Over 47 years, experience brings us to the benchmark of over 350 jury trials which can be matched by very few personal injury law firms. Our track record of success evidences our experience, expertise and determination to obtain justice for our clients. We never cave will only recommend out of court settlement if it is in our client's best interests. Companies and their insurers know we won't stop until our clients get the maximum amount of compensation the law permits.

Our policy is also not to delay. Out approach is to sue first and talk later. Of course, our top priority is sensitivity to the needs of our clients. At Gerson and Schwartz, PA we understand court intervention is often necessary to stimulate settlement discussions. We also want to get our message across as early as possible. We always provide aggressive, ethical, and thoughtful legal representation for all our clients that we represent.

Representing Catastrophic Injury Victims Since 1970

At Gerson & Schwartz, PA our catastrophic accident attorneys of are dedicated Florida personal injury attorneys who have the skill and tenacity required to help car accident victims recover for their injuries.

In a catastrophic car accident, injuries may require long term medical treatment and prevent a person from working. As a result, it is important for anyone who has been catastrophically injured in a car accident to contact an experienced Florida accident attorney for an initial case review.

Personal injury damages that are available case include compensation for past and future medical care expenses, pain and suffering, inability to lead a normal life, scarring, disfigurement, attendant care, rehabilitation, vocational training, lost wages, loss of earning capacity and many other serious emotional and psychological harms.

No Attorneys Fees Unless Recover

All catastrophic injury cases are handled under contingent fee agreements. There are also no upfront costs. The Miami personal injury law offices of Gerson & Schwartz, PA represent catastrophically injured victims and their families throughout Miami, Fort Lauderdale, and other parts of Florida. Our law offices are located in Miami, near Coral Gables. We also regularly represent clients injured in Monroe, Broward, Collier, Lee, and Palm Beach as well as other counties throughout the state.

If you or a loved one has been the victim of catastrophic car accident through the fault of another you need experienced legal counsel. Contact us today at 305-371-600 or contact us online. Se Habla Espanol.

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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
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Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
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Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
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Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
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Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
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Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
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