Personal Injury

July 16, 2015

Crosswalk Accidents – Who Has the Right of Way?

Florida ranks consistently as one of the worst states in terms of pedestrian safety. According to 2012 data published by the National Highway Traffic Safety Administration, pedestrian fatalities were highest in California (612), followed by Texas (478) and Florida (476). If you or a loved one was hit by a vehicle while in a crosswalk, you should consider speaking to an experienced Miami personal injury attorney to determine whether you have the legal grounds to pursue a civil claim.

Understanding Crosswalk Laws in Florida

Crosswalk laws in Florida are codified in the Florida Statutes Section 316.130 and discuss in detail the rights of a pedestrian while walking on a crosswalk. Pedestrian is defined as “anyone on foot,” provided there is some kind of movement associated with them. Persons on wheelchairs or roller-skates can also be considered pedestrians. However, cyclists are NOT considered pedestrians since they are operating a mode of transportation.

June 29, 2015

Three Reasons to Hire a Miami Personal Injury Lawyer

by Gerson & Schwartz, P.A.

You are driving along a major road in Broward County, Miami Beach, Coral Cables, or any other locality in Florida when you get t-boned by another vehicle. The damage to your vehicle is extensive and you suffer serious physical injuries in the collision. Should you hire a Miami personal injury lawyer? This is an important question many Floridians struggle with. You may have heard some erroneous information about lawyers and needing to pay a big retainer fee to even speak to a lawyer for a few minutes. Do not hesitate. Below are three important reasons why it makes sense for you to speak to a Miami, FL injury lawyer.

Insurance Companies Treat People Differently if They Don’t Have a Lawyer

Make no mistake about it. When an insurance adjuster gets a call or letter from an unrepresented claimant, they routinely treat that claimant differently. In fact, many insurance adjusters will try to reach out to you shortly after the accident and offer a quick settlement before you even think about contacting an experienced Miami personal injury attorney. There have even been instances where an insurance adjuster will mislead a claimant and say, “You don’t need a lawyer. They’ll just take a big chunk of your settlement and leave you with a pittance.”

May 29, 2015

You Could Have a Statute of Limitations Problem Even If You’ve Already Filed a Lawsuit

by Gerson & Schwartz, P.A.

The statute of limitations is the time limit when a lawsuit must be filed. After that time expires, a lawsuit cannot be filed, and a victim will be forever barred from recovery for injuries.

In many injury cases, the statute of limitations (SOL) won’t be an issue—hopefully, a victim will find an attorney relatively quickly, and that attorney will file suit well within the time frame allowed. But there is a hidden SOL problem that many attorneys may not be aware of, that could forever bar a party’s right to recover, even when a lawsuit has already been filed.

Naming the Proper Party

May 28, 2015

A Victim Can Obtain Information About a Defendant’s Expert’s Bias

by Gerson & Schwartz, P.A.

In many personal injury cases, a verdict can turn on the use and effectiveness of expert witnesses. And more than any other type, the expert witnesses in personal injury trials are often doctors who provide testimony as to the nature, severity, and extent of someone’s injuries.

The Need for Expert Bias Discovery

While most victims will use their own doctors and have those doctors testify, defendants will often use outside, non-treating doctors, to provide testimony. Those doctors can’t provide an opinion based on treating the victim, because they’re not the victim’s doctor. But they can and often do render an opinion based on review of medical records, or even a one-time medical examination of the victim.

May 22, 2015

When Does the Impact Rule in Emotional Distress Cases Apply?

by Gerson & Schwartz, P.A.

In many cases, someone who is injured as a result of another’s negligence may not have physical injuries, but rather, emotional injuries. There are many examples where mental anguish or trauma may be even more significant than any physical harm that could have been sustained.

Although we live in an age where mental health awareness is more prevalent than ever, the law has been slow to adapt to mental injuries that don’t stem from physical ones. There has long been concern that allowing people to recover for only mental distress, with no physical injury or impact, will lead to false claims, and is too difficult for a defendant to disprove.

The Impact Rule

May 20, 2015

Jury Selection Can Make or Break an Injury Trial

by Gerson & Schwartz, P.A.

When preparing for a personal injury trial, it’s easy (and important) to focus on the evidence and testimony that will be presented. But what many personal injury attorneys often forget is a process that is perhaps the most important part of the personal injury trial: picking a jury.

Jury Selection

Jury selection has its own very complex set of rules and laws. And while everyone is in theory guaranteed a jury of their peers, that right is balanced with the right of parties to strike jurors, and challenge jurors, with and without cause.

May 15, 2015

Collateral Sources May Sound Dull, But They’re Important in Injury Cases

by Gerson & Schwartz, P.A.

Does the term collateral sources seem interesting? Probably not, and it probably sounds like a term that has absolutely nothing to do with getting recovery from a negligent party for your injuries. But in fact, collateral sources can directly affect the amount that you receive from a jury verdict in a lawsuit brought for personal injuries.

What is a Collateral Source?

Collateral sources are sources of money that you receive that compensate you for damages or injury, which aren’t part of your injury lawsuit.

April 30, 2015

Florida Supreme Court Allows Defibrillator Case to go to Jury

by Gerson & Schwartz, P.A.

When someone suffers a heart attack, we normally think of that as a natural occurrence, unpreventable by anything that anybody could have done. However, while it certainly is a natural occurrence, more and more, law is evolving to recognize that certain property owners have an obligation to have working, operational defibrillators, and to provide training to those who may need to use them.

A tragedy during an athletic contest has now lead the Florida Supreme Court to expand significantly the instances where a defibrillator may be required.

High School Athlete Dies on the Field

April 22, 2015

Injury Victims Should Monitor Laws Regarding Arbitration

by Gerson & Schwartz, P.A.

You may have heard in the news about how arbitration clauses are causing consumers difficulty when bringing claims against big companies. You may think arbitration is a threat to just consumer clients suing businesses for unfair trade practices. But more and more, it’s being used against those who suffer personal injury due to the negligence of another, as big businesses’ way of trying to deny victims the right to a jury.

What is Arbitration?

Arbitration is an informal proceeding where both sides present their evidence and a decision is made about the case. Unlike court however, the decision is not made by a jury, but rather, an arbitrator. The arbitrator also may not even be a judge, but may be a lawyer, retired judge, or other professional.

April 15, 2015

Non-Delegable Duties Are Important for Injured Victims

by Gerson & Schwartz, P.A.

Often when people are injured, the negligence involved multiple parties. A construction site can have contractors and subcontractors, stores may rely upon outside vendors, and apartment complexes may contract out with private security companies to handle security. Thus, knowing which entity to sue, and holding the right party responsible for your injuries, becomes crucial.

Delegating Duties

Often, companies will argue that they have delegated the duties they owe to the public or to you, to another company, and that company is the one responsible for your injuries. So, for example, a store that hires a separate maintenance company to clean their floors will point the finger at that company when you slip and fall because of the poorly maintained floors.