Personal Injury

October 14, 2024

Is Mediation Required in Florida Personal Injury Cases?

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

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

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

January 15, 2024

Does a Pre-Existing Injury Bar My Florida Accident Claim?

by Gerson & Schwartz, P.A.

Starting from when you were a toddler, you have likely had many injuries ranging from minor to severe over the course of your lifetime. Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that more than 50 million people seek emergency treatment or care from a physician for accidental injuries. These will be part of the long-gone past in most cases, but some prior injuries could impact your rights if you were hurt in an accident.

There are countless reasons an insurance company may claim to deny payment in an accident case, and one of them is pre-existing injuries. The insurer’s strategy might work if you do not have legal representation, so make sure to retain a Miami personal injury attorney right away. You want to leverage the best possible strategies to counter the insurance company and get the compensation you deserve.

Pre-Existing Injuries in Accident Claims

November 20, 2023

Should You Settle Your Personal Injury Case or Go to Trial?

by Gerson & Schwartz, P.A.

People threaten to sue each other all the time, but only a small fraction of these lawsuits actually materialize. Perhaps, at the scene of the car accident that caused your injuries, the other driver even threatened to sue you, even though it was obvious to everyone that the other driver bore most of the fault for the accident. Empty threats aside, people who genuinely intend to sue often change their minds once they realize the amount of work that goes into filing a lawsuit and preparing for trial. Being a plaintiff in a civil lawsuit is as stressful as being a defendant. Personal injury lawyers might advertise that they fight to the finish, never settling and never compromising, but fighting is not the main goal of a personal injury lawsuit. The goal is to get the money you lost as a result of an accident that the defendant caused, and getting the money after less conflict is just as good as, if not better than, getting the money after more conflict. A Miami car accident lawyer can help you get the money you need after an accident, with or without a lawsuit or a trial.

Personal Injury Lawsuits are About Getting the Money You Need, Not About Having the Last Word

If you file a personal injury lawsuit, the chances that you will receive a settlement are much greater than the chances that you will go to trial. During the discovery process, where the plaintiff and the defendant notify each other of the evidence that they intend to present at trial, it will become obvious to the defendant that the defendant is legally responsible for your injuries and the financial losses associated with them. Most of the time, the defendant will offer to settle for an amount that the defendant considers sufficient to cover your accident-related medical bills and lost income. At that point, your lawyer and the defendant’s lawyer simply negotiate until they arrive at a settlement amount that both parties consider acceptable.

August 19, 2023

Serious Head Injuries in Miami Pedestrian Accidents

by Gerson & Schwartz, P.A.

Walking is sometimes the most convenient and fastest way to get to your destination in Downtown Miami. However, it is not always the safest. Even when you are not in a motorized vehicle, you are considered a road user and a vulnerable one compared to other drivers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there have already been almost 6,500 pedestrian accidents so far this year statewide. By the end of 2023, there will be up to 730 fatalities and more than 7,900 victims injured while walking.

Unlike other vulnerable road users like motorcycle riders and bicyclists, people do not wear a helmet when on foot. This puts them at risk of serious head injuries in collisions, and the long-term effects can be severe. If you were hurt, it is important to consult with a Miami pedestrian accident lawyer right away. An overview of head injuries and what to do after a crash is also useful.

Common Head Injuries in Accidents

July 15, 2023

Punitive Damages in Florida DUI Accident Claims

by Gerson & Schwartz, P.A.

Despite decades of public safety campaigns on the dangers of drunk driving, statistics indicate that DUI accidents remain a significant problem. The Florida Department of Highway Safety and Motor Vehicle (FLHSMV) reports almost 5,000 crashes involving an impaired driver every year. More than 350 people are killed in these incidents, and another 2,885 suffer injuries in DUI collisions, leading to significant losses for victims and their entire families.

Drunk driving is a crime, and it is charged as a felony in Florida when a person is killed or injured in a DUI accident. If you were hurt or lost a loved one, you may qualify for a special type of damages because of the at-fault party’s outrageously dangerous conduct. Punitive damages may be available in your case, which would increase the amount you can recover if you are eligible. You should discuss details with a Miami DUI accident attorney, but some basics about punitive damages can be informative.

How Punitive Damages Work

March 15, 2023

Skin Graft Technology Brings Hope for Victims of Burn Injuries

by Gerson & Schwartz, P.A.

Unless you have a medical background, terms like “synthetic acellular dermal regeneration template” and “neodermal formation” do not exactly grab your attention. However, if you are the victim of burn injuries from an accident, the technology described by these terms is definitely significant. The National Institutes of Health (NIH) explains how innovations in skin graft science have increased the treatment options available for those that suffer the most severe burns. Previously, there have been challenges when a victim sustains harm to a large percentage of the body.

With the new technology, burn victims may benefit from a faster time to recovery, reduced risk of infection, and less scarring. There are considerable medical costs involved with these procedures, but they may be covered if you were injured in an accident that was not your fault. A Miami burn injuries lawyer will explain your rights, and an overview of developments with skin graft procedures is useful.

How the Skin Graft Technology Works

November 16, 2022

Reasons Your Florida Pedestrian Accident Claim Was Denied

by Gerson & Schwartz, P.A.

Sharing the road with larger, faster, motorized vehicles is risky when you are on foot, so it will probably not shock you to learn that pedestrian accidents can be devastating. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicate that there are more than 8,560 crashes involving people on foot annually. Of these, almost 37% occur in Broward, Miami-Dade, and Palm Beach Counties. Approximately 220 people are killed in South Florida pedestrian accidents, and thousands more are injured.

Florida traffic crash laws apply to these incidents, and the first step in the process is filing a claim with the at-fault driver’s insurance company. You might expect to fill out some forms and answer a few questions, so you may be surprised to receive a denial. Often, the insurer is justified in rejecting your claim due to mistakes, a situation you can avoid by retaining a Miami pedestrian accident attorney. Your claim may have been denied because:

There Was No Proof of Fault