Miami Accident Lawyer Blog

November 12, 2024

Three Legal Points to Know About Diagnosis Errors

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

June 15, 2024

Are Falls Evidence of Florida Nursing Home Abuse and Neglect?

by Gerson & Schwartz, P.A.

Nursing home residents suffer from a variety of age-related ailments and medical conditions, and individuals tend to lose strength and muscle mass as they grow older. These factors and more contribute to the risk of falls in assisted living facilities, which is higher than you might expect. In fact, the US Centers for Disease Control and Prevention (CDC) reports that falls are the top cause of both fatal and nonfatal injuries for Americans 65 years and older. More than 14 million people in this age group report falling every year.

Unfortunately, residents of nursing homes account for 1 in 5 of all fatalities from falls in the 65+ age group. These incidents typically happen because the facility did not take proper precautions to safeguard residents, so it is possible to seek remedies for nursing home abuse and neglect in Miami. Some information about falls and evidence of negligence will help you understand your options.

Defining Nursing Home Neglect

May 20, 2024

Overview of Design Defects Under Florida Product Liability Laws

by Gerson & Schwartz, P.A.

There are multiple agencies under the umbrella of the federal government that investigate reports about defective products and enforce all relevant regulations. The US Consumer Product Safety Commission (CPSC) is tasked with maintaining an ongoing, up-to-date list of all products that have been recalled, either by government officials or voluntarily by the manufacturer. In recent weeks, some items on the list include snowmobiles, children’s clothing, furniture, and electronics. Many of these products are rendered dangerous because of problems with the manufacturing process.

However, there are numerous other consumer products that present a risk of harm because of issues when they were developed. In the practice of law, the problems with these items are considered to be design defects. They can cause serious injuries to users, so you should follow all manufacturer’s instructions regarding the recall. However, you should also contact a Miami design defects and product liability attorney if you were hurt.

Basics of Design Defects

April 15, 2024

What Florida Traffic Laws Do E-Scooters Need to Follow?

by Gerson & Schwartz, P.A.

If you are an avid e-scooter user, you are likely attracted to these vehicles for their convenience, reduced environmental impact, and affordability. Another factor you realize is that you are at risk of serious collisions when sharing the road with larger, faster motorized vehicles. Still, despite the fact that you are considered a vulnerable road user, the Florida Driver License Handbook stresses that the traffic regulations do apply. These laws exist to protect the safety of pedestrians and bicycle riders, as well as those operating e-scooters.

Depending on the location, e-scooters may occupy lanes of Miami streets, intersections, crosswalks, designated bike lanes, sidewalks, and other spaces. The overlap increases the potential for serious collisions. A Miami e-scooter accident attorney can help with the legal process if you are injured, but it is critical to know the traffic laws that apply to you as an operator.

Traffic Laws for Florida E-Scooters

March 15, 2024

How Laws are Different for Florida Truck v. Car Accident Cases

by Gerson & Schwartz, P.A.

Truck accidents are fortunately not among the most common traffic-related incidents in Florida, but they do tend to cause extreme devastation when they happen. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are around 9,640 crashes every year involving semis, 18-wheelers, delivery trucks, and other large commercial vehicles. More than 300 people are killed and another 5,050 victims are injured in these collisions. In other words, approximately 55 percent of all truck accidents lead to at least one casualty, usually in the passenger vehicle.

Under Florida law, truck crashes are very similar to auto collisions in many ways. Therefore, you could qualify to recover compensation if you were injured or lost a loved one. However, there are some critical distinctions you need to know. You can rely on your Miami truck accident attorney to handle the details and meet legal requirements for your claim. Plus, it is useful to review the differences between truck and car collisions.

Potential Parties

February 20, 2024

Three Lawyers to Avoid in Your Personal Injury Case

by Gerson & Schwartz, P.A.

If you suffered serious injuries in a preventable accident, then you are making the right decision by working with a personal injury lawyer. Pursuant to Florida’s Tort Reform Law of 2023, the deadline for filing most personal injury lawsuits is two years. That means that there is no time to lose in choosing a lawyer to represent you in your personal injury claim.

It does not hurt to visit more than one lawyer before you make a decision, especially if the lawyers offer free initial consultations. These are some red flags to look for at initial consultations. If you see any of these inauspicious signs, you should continue your search for the right Miami personal injury lawyer.

The Door Lawyer