Gerson & Schwartz PA, along with co-counsel obtained a $2.5 million jury award for our client, who suffered severe – and permanent – injuries when the deck of a house she was visiting collapsed from under her. The house – a foreclosed Atlanta property that had been listed for sale…
Miami Accident Lawyer Blog
Misdiagnosed Brain Tumor Settlement
It was only after our client began suffering visual disturbances and went to another doctor, an ophthalmologist,that she received the correct — and sobering — diagnosis: An MRI revealed a baseball-size tumor, called a hemangioma, growing outside her brain. While not a malignant lesion, it was large enough to compress…
Rollover Settlment Reached
A private road may only be open to certain drivers, but when it is inadequately designed and constructed, danger isn’t choosy. Our client, a 71-year-old truck driver, suffered a skull fracture — resulting in hospitalization, rehabilitation, and an enormous workman’s compensation lien — in a 2005 accident on a private…
International Cruise Ship Claims
Cruise ships may look sparkling clean and safe, but behind the surface lays an industry that lacks any formal regulation – and all-too-often, accountability — for what occurs on-board. And, unfortunately, plenty goes on: sexual crimes that are unreported. Violent assaults covered up by ship personnel. Passengers that go missing…
Engle Trust Fund
Judge David Miller ruled last week that the Engle Trust Fund with over 600 Million dollars will be eligible for smokers to claim beginning on April 25, 2008. In a string of recent decisions in favor for sick smokers in the last few months, former Engle Class Members may finally…
SALE OF STRUCTURED SETTLEMENT ANNUITIES
Like other responsible plaintiff’s lawyers we urge many clients to structure significant settlement proceeds for their future security. The benefits of tax-free structured future payouts to plaintiffs are well known and carefully explained to clients at the time of settlement. If there is a downside to these plans it is…
A Word About Settlements
We have had several confidential settlements during our 37 years in practice. At Gerson & Schwartz, P.A. we oppose confidentiality in settlement agreements. It is obvious the public good is better served by open and full disclosure of settlements especially in product liability cases. Hushed outcomes and returned proprietary discovery…
Suing the Drunk Driver
Talking about suing drunk drivers is like talking about eating ice cream. Defending a drunk driver is certainly a lot less fun. There are plenty of advice programs for defense of criminal cases involving drunk driving. Most of it applies to the civil case too. Bringing the case for an…
Questions Remain About Florida No Fault Insurance Law
Questions still remain about Florida’s No Fault Insurance Law. Under the previous legislation, which expired on October 1, 2007 Florida drivers were required to hold $10,000 of personal injury protection on their car or automobile insurance policies. Under the existing law, individuals who sustain injuries in a car or automobile…
United States Supreme Court Denies Certiorari in Engle Class Action
The United States Supreme Court today denied certiorari in the Engle Class Action. This ends 13 years of litigation of the class action certification and jury findings.Howard Engle, a Miami Beach pediatrician filed the suit on behalf of an all smokers suffering from the effects of addiction to nicotine in…