Types of Injuries
Gerson & Schwartz P.A. is recognized within the legal community for providing valuable and beneficial service to our clients. We continue our 46th year plus tradition of representing serious injury victims and their families throughout Miami Dade, Fort Lauderdale, Coral Gables, and other areas of South Florida. Our law firm has extensive experience representing clients injured in automobile and truck accidents, motorcycle crashes, boating, marine, slip and falls and violent crime cases. If you have been severely hurt or have lost a loved one because of the negligent, reckless, or intentionally wrongful act of another, you may be entitled to recover financial compensation for your losses. We are experienced Miami personal injury attorneys, resourceful advocates and aggressive litigators for clients seeking to recover damages for the full extent of their losses from negligent individuals, business operators and corporations.What Does Personal Injury Law Cover?
Personal injury laws provide legal recourse for accident and injury victims who sustain bodily harm caused by others. A personal injury claim or lawsuit may arise from a negligent, careless, reckless, or even intentional act. General principles of negligence state we owe a duty of care to others. Any person, corporation, or combination of parties can be negligent if they breach their duty of care. Negligence does not require intent. The conduct that caused the harm only has to fall below the level of care a reasonable person would use under like circumstances. The nature and extent of the duty owed depends on the circumstances. Here is some further explanation.
Drivers breach their duty of care when they cause an accident because they are speeding, failing to pay attention to traffic lights, driving while intoxicated, or failing to yield the right of way. Liability can also arise when an employer negligently hires someone to perform a task that requires specialized training or experience. It may also be negligent, and thus possible for liability to arise, when an institution fails to perform routine maintenance, causing a slip, trip, or fall accident, when an organization produces a defective product that harms someone, or when someone is the victim of a serious crime on property.
The same negligence laws and legal theories apply when injuries occur due to accidents in stores, on private property, aboard cruise ships, from medical malpractice, or due to an unsafe condition due to the carelessness of another person, corporation, or organization. In all of these scenarios, negligent parties may be held legally liable and financially responsible for the injuries they cause.
Some of the most common personal injury claims we have handled during our 43 years of experience include those related to:
- Car accidents
- Head-on collisions
- Drunk Driving Accidents
- Distracted driving
- Hit-and-run accidents
- Side impact accidents
- Truck accidents
- Bicycle accidents
- Auto & motor vehicle accidents
- Premises Liability Cases
- Motorcycle crashes
- Injuries to children
- Pedestrian accidents
- Wrongful death
- Slip and falls/trip and falls
- Inadequate or negligent security
- Accidents on cruise ships
- Maritime accidents
- Dangerous conditions on property
- Medical malpractice
- Brain injuries
- Burn injuries
- Catastrophic injuries
- Crime victims
- Spinal cord injuries
The financial compensation amounts that injury victims are legally entitled to recover are referred to as "damages." The type of damages accident victims may recover depends on a number of factors. They include where the accident occurred to the type of case or injury claim is being made. Damages are further classified into "economic" and "non-economic" losses. Economic damages are more easily quantified because they include compensation for medical bills and medical related expenses such as medical treatment, future care, and compensation for loss of earning capacity and other out of pocket expenses.
"Non-economic" damages are comprised of compensation for pain and suffering, scarring, disfigurement, disability, emotional/ psychological harm, and the loss of capacity to enjoy life. In some cases, punitive damages may also be recoverable. However, the legal standard to establish entitlement to such an award is much greater and requires evidence of gross negligence or the reckless disregard for the life and safety of others.How Much Money is My Case Worth?
This is one of the most commonly asked questions on every client's mind. All clients want to know the answer to this question. The truth is no two personal injury cases are identical. Case evaluation skills applied to all facts and circumstances hold the answers. Our ability to make accurate assessments of case value is based on our extensive trial experience. Of course, every case is different and a thorough analysis of all evidence is needed. The facts of each case differ from one to the next. How much money your case deserves depends on a many factors which our law firm understands and can explain. The accident facts, legal liability, available insurance, applicable laws, and other relevant evidence are just some important factors our attorneys will analyze.
Some of the relevant factors to consider are: who is to blame for what happened; how much are the past and future expected medical costs; what is the effect on the client's ability to earn money; how has the lifestyle of the client been changed; are there other contributing causes to the harms and losses; what are the financial resources of those who are responsible. When the answers to these questions are known we can make judgments about case values.
When the answers to these questions are known we can make judgments about case values. Also important is whether or not there are lost wages, and whether any future medical care or treatment is needed. Your job status, past medical history, pain and suffering, and how well you recover after you are injured are also important factual considerations. We know how to evaluate your case based on liability evidence, your injuries, and the fair value of your economic and non-economic damages.
Other relevant factors to consider in a personal injury claim evaluation under Florida law are:
- Has it happened before to other people?
- Should the defendant have known of the risk to you and done something to lower it or make it safer?
- Who is to blame for what happened?
- How much are the past and future expected medical costs?
- What is the effect on the client's ability to earn money?
- How has the lifestyle of the client been changed?
- Are there other contributing causes to the harms and losses?
- What are the financial resources of those who are responsible?
- What are the long term physical and emotional effects on the injury victim and family members?
It is critical to be aware of statutes of limitations, which are strict restrictions on how long an injured person may wait to file a claim or lawsuit against a wrongdoer. In Florida, statutes of limitations vary depending on the kind of case. Whether you believe you have a car accident case, a medical malpractice claim, or a wrongful death case, you should not delay. Seek the advice of an experienced personal injury attorney right away.What is a Contingent Fee Agreement?
Our firm represents clients on a contingency fee basis, which means that our payment is contingent upon you winning. The percentage we may receive under this agreement is prescribed by law and depends upon the nature of the accident and the amount you recover from the other side. Contingent fee agreements permit everyone, rich or poor, to have equal access to the judicial system in the event of injury.Our Qualifications
At Gerson & Schwartz PA, we have been representing accident victims and their families in South Florida since 1970. Our attorneys Philip M. Gerson , Nicholas I. Gerson , and Edward S. Schwartz are recognized in the legal community for effective and aggressive legal representation. All partners are honors graduates of the University of Miami Law School and were members of the Law Review. Our senior partner is a board certified civil trial attorney with extensive jury trial and appellate experience in all Florida state and many federal courts.
Our firm has a proven track record of successful trial and settlement outcomes, some of which can be found in on our past case results page. Our work in the appellate courts has established important legal precedents, in which some cases have changed the law and become landmark decisions. Our commitment to our clients is that we fight ethically until the very end, and we won't recommend settling a case unless it's fair and just.Experienced Advocates for Accident Victims
If you need experienced legal representation we encourage you to contact our firm. Gerson & Schwartz, P.A. has been serving accident and injury victims for over 46 years. Our law offices are located minutes from downtown Miami. And, all inquiries are handled promptly by our attorneys. Call us to talk confidentially about your case. There is no fee unless we are retained and recover money for you. We will answer your questions about the laws applicable to your case. You may contact us by calling 305-371-6000, via email at firstname.lastname@example.org or by simply using the contact form below.
The South Florida personal injury lawyers of Gerson & Schwartz P.A. represent accident victims and their families throughout Miami Dade, Miami Beach, the Florida Keys, Fort Lauderdale, Broward, and West Palm Beach. Our law offices are conveniently located near downtown Miami. However, as needed, our attorneys and investigators can visit you at home or in the hospital. We also answer questions from anywhere in the world. Call us toll free at 1-877-475-2905 or contact us online to schedule your free case consultation. Se Habla Español.