Personal Injury

January 31, 2020

Timeline of a Miami Car Accident Case

One of the most common questions prospective clients ask Miami car accidents attorneys is how long it will take to resolve an injury claim and receive payment as compensation for their losses. For a number of reasons, it is difficult to provide an exact answer. There are too many variables involved, and every case is unique. The only constant in terms of the duration of a case is Florida’s statute of limitations, which requires you to file a lawsuit in court within four years after the date of the auto crash.

Still, a timeline is a useful way of explaining the different phases, and it can serve as a framework of how long a car accident claim will take. Though the details may vary, there are five key steps involved.

Medical Care

January 24, 2020

Three Questions to Answer When Filing a Miami Car Accident Claim…and Three to Avoid at All Costs

by Gerson & Schwartz, P.A.

When you have been hurt in a Miami car accident, you are probably aware that recovering compensation for your losses starts with filing an insurance claim. Once you submit the initial paperwork, you can expect a call from the responsible driver’s insurer, since the company will want information regarding the crash, your injuries, and related details. Because you know that Florida law imposes a four-year statute of limitations, you are probably eager to get this discussion out of the way.

While the adjuster may seem friendly and helpful during the conversation, you should note that this person is NOT just seeking basic information to get payment to you quickly. Instead, the insurance company’s employee is trying to figure out strategies to deny your claim. Because of the implications for your rights, it is best to have your Miami car accidents attorney handle the discussion. Still, you should be familiar with some of the questions the adjuster might ask.

Avoid Responding to Questions That Affect Your Rights

January 17, 2020

Do Backup Cameras Really Decrease the Risk of Car Accidents?

by Gerson & Schwartz, P.A.

Backup cameras have been lauded both for their convenience in parking and because they may reduce the risk of injury-causing accidents, especially for drivers of SUVs. The National Highway Traffic Safety Administration (NHTSA) has required these video features among other Driver Assistance Technologies since May 2018, citing statistics that show around 300 people are killed and another 18,000 are injured every year by motorists who back into them.

It is hard to think that there could be a downside to rearview video systems (RVS), but there are pros and cons involved with the technology. Backup cameras do not completely eliminate the potential for collisions, which is why it is important to talk to a Miami car accidents attorney if you were hurt under such circumstances. You might also find it helpful to read up on some important information.

The Pros of Backup Cameras

January 15, 2020

As Surviving R. Kelly Part II Premieres, Sexual Assault Civil Cases Proceed

by Gerson & Schwartz, P.A.

Just a year after the first season shocked and appalled viewers who got a glimpse into the disturbing world of hip-hop artist R. Kelly, the latest installment of Surviving R. Kelly Part II: The Reckoning began airing its second season on the Lifetime Network. Entertainment Weekly covered the story in a January 6, 2020 article, revealing some of the key updates and developments that occurred over the last 12 months. The performer is now facing 21 counts of sexual assault and abuse at the state level, along with a federal indictment that includes 13 counts of sex crimes.

In addition, many survivors of R. Kelly’s alleged sexual assault are taking legal action in civil court to recover monetary damages for their losses. A Miami personal injury attorney can explain how these cases work, the ways they differ from criminal matters, and why various hurdles could affect your rights.

Legal Liability in Sexual Assault Civil Claims

January 10, 2020

Grace Period Ends: Will Florida’s Hands-Free Law Prevent Miami Car Accidents?

by Gerson & Schwartz, P.A.

Every new year brings new laws in Florida, and 2020 is no different. A Miami Herald article dated December 31, 2019 described several key pieces of legislation that became effective on January 1, from an increase in the smoking age to a higher minimum wage. The article also pointed out that police would be stepping up enforcement of the state’s hands-free driving law. As you might recall, legislators passed the measure for an effective date of July 2019, but there was a grace period to allow motorists to get used to following it. As of the first day of 2020, officers would no longer allow drivers to get away with certain forms of cell phone use while operating a car.

Still, there will always be people who do not comply with the law, so the threat of distracted driving auto collisions is still very real. You should talk to a Miami car accidents attorney if you were hurt in such an incident, but read on for an overview of the relevant legal concepts.

Summary of Florida’s Hands-Free Law

January 8, 2020

Direct and Indirect Costs for Victims of TBI

by Gerson & Schwartz, P.A.

You can expect any head or brain injury to come with sky-high medical bills, but some forms of trauma are so severe that the costs of treatment run into the millions of dollars. According to researchers at Northwestern University’s Feinberg School of Medicine, victims who suffer traumatic brain injury (TBI) could incur up to $3 million in health care costs over their lifetimes. Plus, there are many associated and indirect costs that you may not consider. When a person sustains TBI, the circumstances affect entire households, causing extreme emotional and financial losses in addition to the physical harm.

It may come as some relief to know that you may be able to recover compensation to cover these losses, and a Miami personal injury lawyer can advise you on the legal process. However, it is also important to review the direct and indirect costs of TBI, so you know the difficulties you could be facing.

Direct Medical Costs for Treating TBI

January 3, 2020

Beware When a Driver Refuses to Use Insurance After a Miami Car Accident

by Gerson & Schwartz, P.A.

It is no secret that your insurance rates could increase considerably when you are at fault in a motor vehicle crash. As such, you probably understand the other driver’s similar sentiment when he or she was negligent in causing a crash in which you were hurt. There is a strong temptation to resolve the matter without getting an insurance company involved, and that motorist’s offer may seem very attractive at the time. The problem with not going through the proper claims process is that you could put your rights at risk through various legal issues – which you are certainly not considering when the at-fault driver pulls out a checkbook.

A Miami car accidents attorney can explain the drawbacks of bypassing an insurance company after a vehicle crash, but you should be aware of the key pitfalls that could threaten your interests.

Reasons an At-Fault Driver Will Not Use Insurance: You can probably relate to some of the top reasons another motorist would refuse to exchange auto insurance information or suggest not calling the company about the crash:

January 1, 2020

Your First Meeting With a Miami Accident Lawyer: What to Bring

by Gerson & Schwartz, P.A.

Personal injury attorneys typically offer a no-cost initial consultation for accident victims, since they understand the financial implications and what you are going through after suffering injuries. Because your time is valuable, it is important to make this first meeting a productive one by being prepared. You do not want to create delays in pursuing your rights, especially when Florida has a four-year statute of limitations for cases involving negligence.

The key to success with an accident claim is evidence, especially all relevant paperwork associated with the accident, your medical treatment, and related issues. This documentation aids your Miami personal injury lawyer in evaluating your rights and remedies, and will guide the process of obtaining compensation for your losses. Therefore, here is a list of a few things to bring to your appointment.

All Medical Records

December 12, 2019

Examples of Comparative Negligence in Miami Car Accidents

by Gerson & Schwartz, P.A.

While it is true that some Miami car accidents leave no doubt in terms of who caused the incident, there are many others that are not so clear-cut. Most auto collisions involve multiple contributing factors about which motorist’s conduct was a primary or secondary cause, and Florida’s law on comparative fault addresses this type of situation. The statute states that your potential compensation in a motor vehicle crash claim may be reduced if your own actions are linked to the accident. Your monetary damages are decreased proportionally by the percentage of your fault.

In other words, you not only need to prove that the other driver was at fault – but you also need to present evidence that you were NOT, or that your contribution to the accident was minimal. A Miami car accidents attorney can explain the details, since contributory fault involves many of the same negligent acts you might allege against the other motorist. For instance, you could receive less in compensation if you were:

Speeding: When you are speeding, you have less time to react to traffic-related threats that can cause an accident. As such, even though the other driver may have been at fault by engaging in other careless actions, you could also contribute to the incident because you were traveling faster than what officials have set as the safe speed limit for that particular area.

November 19, 2019

Types of Experts in Miami Personal Injury Cases

by Gerson & Schwartz, P.A.

Any time you are hurt in a car crash, slip and fall, by a defective product, or because of medical malpractice, proof is critical for getting the compensation you deserve under Florida law. Evidence is the basis for your legal rights, particularly with respect to liability and the nature of your injuries. Both fault and your losses can be complicated, which is why Miami personal injury lawyers work with experts as additional resources for claims in personal injury cases. You can trust your attorney to handle the details and retain the right people to assist, but you may find it helpful to learn the roles and types of experts that may participate in your matter.

Experts Play a Major Role in Personal Injury Cases

In sum, these individuals fill in the gaps where specialized support is essential to proving your claim. Lawyers have considerable knowledge in legal concepts, but they may not possess the meticulous, technical background in other key areas of a personal injury case. As such, attorneys rely on those who do have relevant expertise.