Personal Injury

September 3, 2019

How to Calculate Pain and Suffering in a Florida Personal Injury Claim

The consequences of an injury-causing accident can be extensive, going beyond the costs of medical treatment and lost wages when you cannot work. There are effects for your quality of life, routine, and personal relationships, which could be long-term. You could also suffer emotionally because of your injuries, as depression, difficulty sleeping, anxiety, and other medical conditions are common.

Florida law allows you to recover compensation for these issues, which are commonly referred to as pain and suffering. However, there must be some basis for proving them to receive these amounts as monetary damages. Talk to your Miami personal injury lawyer about the details, and read on for some general information.

Understanding Pain and Suffering

August 29, 2019

Eight Driving Safety Tips to Reduce the Likelihood of Car Accidents in Miami

by Gerson & Schwartz, P.A.

There will always be motor vehicle accidents in Florida, but there are some ways you can reduce the chance that they will happen to you. Safe driving tips go above and beyond following the traffic laws stated in the Official Florida Driver License Handbook, and there is more to avoiding collisions than what you may have learned in driver’s ed.

You can rely on a Miami car accidents lawyer to protect your rights if you are involved in a crash, but check out some recommendations in hopes that you will never be in such a position.

Do Not Drive Drunk or Stoned: Despite enormous public awareness campaigns regarding the dangers, some motorists still take the risk by getting behind the wheel after drinking or using drugs. Never drive after having even just a couple of alcoholic beverages. Call a friend, Uber, or Lyft to get you home safely.

August 27, 2019

Common Personal Injury Cases in Miami That are Not Car Accidents

by Gerson & Schwartz, P.A.

Many people commonly associate personal injury cases with car accidents, and it is true that many of these matters involve collisions. According to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard for 2018, there were more than 646,000 crashes in Miami-Dade County alone.

However, there are many other types of accidents and incidents that lead to serious injuries for victims, many of which could have been avoided. Discuss your situation with a Miami personal injury attorney if you were hurt under any of the following circumstances.

Negligence-Based Claims

August 21, 2019

What is Normal for Soreness After a Miami Car Accident?

by Gerson & Schwartz, P.A.

If you are one of the 2.61 million people injured in motor vehicle accidents every year according to the US Centers for Disease Control and Prevention, chances are you may still be feeling the physical effects. You are probably experiencing some pain and discomfort, and it could be rather severe depending on your injuries. It is common to endure aches and other symptoms, but you may eventually become frustrated with how long they last.

While there is no easy answer, the good news is that you may qualify to recover compensation for your losses, including your lingering pain and suffering. Your Miami car accident attorney will handle the legal issues, but some guidelines may be helpful.

Talk to Your Health Care Provider

August 16, 2019

What Miami Accident Victims Need to Know About Burn Injuries

by Gerson & Schwartz, P.A.

The American Burn Association reveals that an average of 486,000 people are treated for burn injuries every year, whether in emergency rooms, hospitals, urgent care centers, clinics, or private medical offices. Many of these burns were the result of vehicle crashes, but defective products, dangerous household appliances, and workplace accidents also rank high on the list. Burns are a unique type of injury because they are excruciatingly painful. Plus, scarring and disfigurement can be severe, often leading to psychological issues and emotional distress.

Fortunately, Florida law provides you with rights if you suffered burn injuries in an accident that was not your fault. These claims can be complicated, however, so you will need solid representation from a Miami personal injury attorney. Some general information about burn injuries may also be useful.

Types of Burn Injury

August 12, 2019

Bias can Affect Your Claim as the Victim of a Miami Motorcycle Accident

by Gerson & Schwartz, P.A.

Responsible motorcycle riders in Miami are well-aware of the traffic regulations and safety tips published by the National Highway Traffic Safety Administration, so the vast majority do not take unnecessary risks. Unfortunately, other drivers and the general public may not see you as a safety conscious, law-abiding rider. Many suffer from bias that limits their thinking, and it can also affect you if you are injured in an accident. Prejudice may impact your claim with the responsible driver’s insurance company, and there may be implications if you take your case to court.

The good news is that there are legal strategies to help overcome the bias against motorcycle riders and ensure you are treated fairly. A Miami motorcycle accident attorney can assist with these and other challenges to get the compensation you deserve as a victim.

Sources of Bias Against Motorcycle Riders

August 9, 2019

Who are Potential Parties in a Miami Truck Accident Claim?

by Gerson & Schwartz, P.A.

According to the Florida Department of Highway Safety and Motor Vehicles, truck accidents in Miami-Date County make up just 13% of all traffic crashes. However, these incidents are far more likely to result in life-threatening or catastrophic injuries to occupants of the other vehicle. The losses for victims can be devastating, including sky-high medical bills, excruciating pain, and indescribable suffering. As such, it’s important to seek compensation from all available sources if you were injured in a truck crash.

Fortunately, state laws do extend liability in many truck accident claims – even beyond the truck driver and insurance company. You should discuss your situation with a Miami truck accident attorney, but some examples may help you understand what individuals and entities may be potential parties.

Trucking Company: It may be possible to pursue a trucking company that employs the truck driver or somehow contributed to the crash. For instance, the organization may have not checked the operator’s credentials and training, so it was negligent in hiring the individual. The company could also be a party if it encouraged speeding or noncompliance with Hours of Service laws.

August 7, 2019

Post-Crash Checklist After a Miami Car Accident

by Gerson & Schwartz, P.A.

You rely on your car for work and personal use, which is why it is disturbing to think about the frequency of car accidents in Miami. Statistics gathered by the Florida Department of Highway Safety and Motor Vehicles reveal that there were 64,151 motor vehicle crashes in Miami-Dade County in 2018, causing injuries to 31,072 victims. That is around 85 people every day who were hurt, confused, and overwhelmed in the aftermath of a collision.

Because it is hard to think logically under the circumstances, Miami car accident attorneys typically recommend that you follow this checklist when you have been injured in a crash.

Pull Over Safely

August 2, 2019

How Comparative Negligence Works in Miami Personal Injury Cases

by Gerson & Schwartz, P.A.

You may not be surprised to learn that accidents are the top reason that people in Miami and throughout the US visit the emergency rooms. The US Centers for Disease Control and Prevention reports that unintentional falls accounted for almost 8.6 million nonfatal injuries and motor vehicle crashes caused harm to more than 2.5 million people in 2017.

What may come as a surprise is that, though many of these victims had rights under Florida personal injury laws, there are laws that may place limitations on recovering compensation. This is due to state law regarding comparative fault, which may apply in your case if you are injured in an accident. You should discuss your circumstances with a Miami personal injury attorney, but read on for some important information.

Legal Basis for Personal Injury Claims

July 31, 2019

Reasons Insurers Reject Miami Car Accident Claims

by Gerson & Schwartz, P.A.

When you are hurt in a Miami auto collision, your first step in seeking compensation for your losses is to file a claim with the responsible driver’s insurance company. Like many victims, you might expect the process to be clear and simple — complete the necessary forms, send them to the insurer, and wait to receive payment. You may be shocked and dismayed when the response is an outright rejection of what you believe is a valid, legitimate claim.

Though it may provide seemingly valid reasons for a denial, the primary motivation of the insurance company is to look out for its own interests. Your claim is a threat to profits, so the insurer will seek any possible reason to reject or make a low counteroffer to resolve your claim. Do not put your rights at risk by accepting anything less than what is fair and reasonable to compensate you for your losses. With help from a Miami car accident attorney, you can recover the highest amount of compensation allowed by law – even when the insurance company responds to with any of these excuses.

You Delayed Filing Your Claim: It is true that Florida has a four-year statute of limitations on motor vehicle crashes based upon negligence, but this time period refers to filing a lawsuit in civil court. You should file a claim with the responsible driver’s insurance company as soon as possible after an accident. When you wait, key evidence may be unavailable and your recollection about the collision will become foggy.