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What is a Trial Lawyer?

Medical negligence kills close to 100,000 people a year.

AMA Statistics show-#of doctors in USA increased 40% since 1990;# of ER doctors doubled; neurosurgeons increased 20%; ob-gyn increased 25%.

According to the Congressional Budget Office med mal costs less than 2% of health care spending. 25-30% reduction in MM spending wouldn’t lower health insurance premiums by more than ½ of 1%.

Caps on damages don’t reduce medical malpractice insurance premiums. Many states after enacting caps saw premiums rise consistently over a long period. Increased premiums come from insurance company gouging doctors and hospitals. In the last two years some studies show premiums rising 120% while claims payouts rose less than 6%.

Trial lawyers unwavering commitment to justice for ordinary people to hold wrongdoers accountable on the level playing field of the courtroom represents the best design of our system of government.

Our pledge is that any person injured by the misconduct or negligence of others should get justice in the courtroom no matter how powerful the wrongdoer may be.

Without our civil justice system there would be no check and balance on large corporations and their leaders irresponsibly delaying and paying fair and just insurance claims, producing unsafe products, polluting our environment, swindling employees and shareholders, the last resort for Americans to hold them accountable is in the courts.

It is important now more than ever to support ordinary trial lawyers as the last line of defense for the people facing economic and health challenges from large corporations who dominate our political system—ordinary people cannot depend on our political institutions to protect them from harm.

There is no lawsuit crisis. Overall filings have declined 10% since 1994. Automobile filings have fallen 14% since 1996. Federal court filings have fallen 10% since 1995.

Settlements are low. The Department of Justice found the median adjusted award as of 2001 was just $28,000. Even in medical malpractice cases the median award was just $171,000

Juries are not biased toward plaintiffs. Meritless cases rarely win. Judges and juries and independent reviewers are in agreement as to verdicts most of the time. Juries are most likely to rule for the defendant!

Our civil justice system requires those who cause harm to pay for it and not to dump the cost onto the public tab; corporate polluters and negligent operators and manufacturers of defective products should not dump victims on to the public welfare safety net. Trial lawyers should make it economically unwise for companies to sell dangerous and defective products which stick the public with the bill.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
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
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.
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
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 the full review » Jhlechia Ervin
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
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
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