Miami Accident Lawyer Blog

April 15, 2025

How Much is the Average DUI Accident Settlement in Miami?

Despite decades of public awareness campaigns about the dangers, motorists continue to get behind the wheel while intoxicated. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 5,000 alcohol-involved crashes every year. They cause devastating damage and immeasurable harm to victims.

Florida law permits victims to sue, but many of these cases are resolved out of court by agreement. As you are weighing options with guidance from a Miami DUI accident lawyer, there are certain considerations to understand when looking at the average settlement for a drunk-driving crash.

What Factors Impact DUI Accident Settlements in Florida?

March 15, 2025

Victims’ Rights When Injured in a Miami Taxi Accident

by Gerson & Schwartz, P.A.

In a bustling urban area like South Florida, taxis are a common mode of transportation. According to the Official Website for Greater Miami & Miami Beach, there are more than 40 licensed taxi companies serving Miami-Dade County, its beaches, airports, and other areas. Unfortunately, people riding in taxis are at risk of accidents just as they are when traveling in their own personal vehicles. Taxi crashes can leave passengers with serious injuries and significant losses.

It should come as a relief to know that you have rights as the victim of a collision involving a taxi cab. A Miami car accident attorney can assist with your legal remedies, helping you recover compensation for your losses. An overview of the laws in Florida is also informative.

Your Rights After a Miami Taxi Accident

February 15, 2025

What Damages Can Crime Victims Recover in Florida?

by Gerson & Schwartz, P.A.

Though violent crime fluctuates considerably over the years, statistics on these offenses are disturbing because of their high numbers. The Florida Department of Law Enforcement (FDLE) reports that there are up to 46,250 people arrested for violent crimes every year statewide. A closer look reveals that around 5,520 of these arrests are for violent offenses in Miami-Dade County. Fortunately, officials prosecute and punish offenders who are convicted of crimes.

While victims may gain closure after an offender is convicted, they recover nothing for their losses. In Florida, they must pursue civil remedies. Victims of crime who have suffered physical or emotional harm may be entitled to recover damages from the responsible parties. These amounts can help you cover expenses and ease suffering, so trust a Miami crime victims’ attorney to assist with your case. It is also helpful to review the main types of damages available to crime victims in Florida.

Economic Damages

January 15, 2025

Federal Hours-of-Service (HOS) Rules and Miami Truck Accidents

by Gerson & Schwartz, P.A.

Truck accidents in Miami, FL, often result in serious injuries, and one of the key factors in preventing these collisions is compliance with Federal Hours-of-Service (HOS) regulations. The Federal Motor Carrier Safety Administration (FMCSA) provides a summary, explaining that these rules were put in place to reduce driver fatigue – a common cause of accidents involving large commercial trucks.

Violations of HOS rules can affect your claim, and your Miami truck accident attorney will leverage these facts to ensure you receive full compensation for your losses. An overview of the regulations is also helpful.

What are the Basic HOS Rules?

December 15, 2024

Is it Worth it to Hire a Miami Medical Malpractice Lawyer?

by Gerson & Schwartz, P.A.

If you suffered harm because of a Florida healthcare provider’s negligence, it is difficult to imagine how you could pay for legal representation during difficult times. However, after a quick look at the rules and requirements for filing a claim under Florida’s medical negligence statute, you can see that hiring an attorney is critical. There are deadlines to note and documents to prepare before you even file a lawsuit. Plus, the rules include specific details regarding the affidavit of a medical expert who will attest to the merits of the case.

Though these are important reasons, there are additional factors that you might not have thought about when determining if it is worth it to hire a Miami medical malpractice lawyer. For instance, you should consider the following to ensure success with your claim.

Investigation and Collecting Evidence

November 12, 2024

Three Legal Points to Know About Diagnosis Errors

by Gerson & Schwartz, P.A.

A misdiagnosis can have catastrophic consequences, leading to worsened health conditions, additional medical treatments, and even wrongful death. A diagnostic error can happen in two different ways, according to the National Library of Medicine (NLM). The first is through the failure to establish an accurate and timely explanation of the patient’s medical condition. A secondary form of misdiagnosis is the failure to communicate medical explanations to the patient.

If you suffered harm because of a diagnosis error by a Florida healthcare provider, you should realize that you have legal rights. The process is complicated because of the subject matter and state medical malpractice laws. A Miami diagnostic errors attorney can explain details, but keep in mind these essential legal points.

Legal Framework for Diagnostic Error

October 14, 2024

Is Mediation Required in Florida Personal Injury Cases?

by Gerson & Schwartz, P.A.

If you were injured in an accident in Florida, the legal process can feel confusing and overwhelming. Your medical bills are likely piling up while you deal with lost wages and the emotional toll of your injuries. Of course, the idea of pursuing a personal injury lawsuit might be intimidating. Courtrooms, depositions, and a drawn-out litigation process are common. The good news is that not all cases go to trial because they are resolved through Florida’s mediation system.

Under Florida law, mediation is often a mandatory step before a personal injury case goes to trial. However, there are many details involved with understanding whether mediation is required. It is helpful to review some information on what mediation is and when it’s required. You will also see how a Miami personal injury lawyer is a valuable resource through this process.

What is Mediation in Personal Injury Cases?

September 15, 2024

Miami Pedestrian Accidents: Florida Laws and Your Rights

by Gerson & Schwartz, P.A.

Miami is a vibrant city known for its sunny weather, beaches, and walkable neighborhoods. Unfortunately, in an urban area with an ever-growing population, pedestrian accidents are a serious concern in South Florida. The state has consistently ranked high in pedestrian fatalities nationwide, and statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHWMV) are proof. Every year, there are almost 11,000 pedestrian accidents statewide, leading to around 785 fatalities and injuries to almost 8,150 victims. Of these, more than 3,650 collisions involving people on foot take place in Broward, Miami-Dade, and Palm Beach Counties.

You are no doubt feeling overwhelmed and unsure of what to do if you have been involved in a collision while walking in South Florida. Because of the physical, emotional, and financial impacts, it is important to get help from a Miami pedestrian accident attorney to enforce your rights. You can learn more about how to protect yourself by reviewing some basic information.

Top Three Reasons Behind Pedestrian Accidents

August 15, 2024

Boating and Labor Day Fun: A Fatal Combination for Boating Accidents

by Gerson & Schwartz, P.A.

Labor Day weekend is one of the most anticipated holidays in Florida, drawing countless residents and tourists to the state’s beautiful waters. Unfortunately, this increased activity often leads to a spike in boating accidents. According to the American Boating Association (ABA), Labor Day is one of the three biggest holidays of the year when it comes to boating accidents. Along with Memorial Day and the Fourth of July, these three days account for one-third of all boat-related fatalities and injuries.

Knowing the factors that contribute to these accidents can be crucial for both your safety and legal rights. A Miami boating accidents attorney will assist with the process, which may include filing an insurance claim and suing in court. Plus, you should be aware of some factors that contribute to the increase in boating accidents around Labor Day in Florida.

Factors Affecting Holiday Accidents on the Water

July 15, 2024

Dangers of Summertime Boating Accidents in Miami

by Gerson & Schwartz, P.A.

Despite the fact that the weather in South Florida allows boating enthusiasts to hit the water all year long, there is definitely an increase in traffic from Memorial Day to Labor Day. Unfortunately, the higher volume of boaters enjoying the state’s waterways also means that boating and marine accidents are on the rise. According to the Florida Fish and Wildlife Conservation Commission (FWC), more than half of all boat accident fatalities occur during the summer months.

May 24 will kick off the social summer season, so it is important to be aware of some of the safety issues that could affect your fun. There are risks that exist during this time period that are not as prevalent as at other times of the year. Some information on the dangers should help you avoid Miami boating and marine accidents, while other details will guide you in what to do if you are injured in one.

Factors That Impact Boating Collisions