Miami Accident Lawyer Blog

July 10, 2020

Five Florida Rideshare Accident Laws Victims Need to Know

If you use ridesharing services to get around Miami, you are probably drawn to the convenience, reasonable cost, and ease of being able to bring up the app and arrange a trip. Millions of others apparently agree with you, leading to astronomical success for companies like Uber and Lyft – which boast $17.6 billion in combined global net revenue. Of course, when an industry demands such an enormous market share, you can expect that lawmakers will step in to regulate it. Key legislation and agency regulations govern everything from the relationships between drivers and rideshare services, to insurance and fare limitations. Some of the laws that apply to motor vehicle accidents will be extremely important if you were hurt in a crash while riding in an Uber or Lyft. Your Miami rideshare accidents lawyer will take the lead in handling the legal issues, but you should be aware of the following Florida rideshare accident laws.

Laws Regarding Compensation in an Uber or Lyft Crash

A ridesharing collision is a type of personal injury case, so your monetary damages are similar to what you would receive in any other auto accident. In a successful claim, you can recover compensation for your medical costs, lost wages, pain and suffering, and other losses.

July 8, 2020

Recurring Injuries From Miami Car Accidents can be Long-Term

by Gerson & Schwartz, P.A.

Recovering from a car accident can involve many unexpected twists and turns, even when you did the right thing by seeking immediate medical attention after the crash. One of the biggest concerns for victims is when injuries appear to heal, only to redevelop later – possibly bringing more extreme pain and physical limitations. While the effects on your physical health are immediately obvious, there may also be implications for the legal process. Your damages are based, in part, on what you may suffer in the future. With recurring injuries, there are many unknowns in this respect.

The correlation between compensation and chronic medical conditions is a complicated issue, but it is one that Miami car accident lawyers deal with every day. Some background information may help you understand the basics.

Soft-Tissue Injuries

July 3, 2020

The Risks of Accepting a Miami Personal Injury Settlement Too Quickly

by Gerson & Schwartz, P.A.

Victims of vehicle crashes, slip and fall incidents, and other accidents are often surprised to learn that most of these cases are resolved before trial via out-of-court settlements. The US Bureau of Justice Statistics reports that just 4-5% of all personal injury claims are decided by a jury or judge, so the remaining cases never get to the verdict stage. This might sound like good news if you were hurt in an accident, since it means you do not need to go to court and can recover compensation as soon as you agree to the settlement amount.

However, there are significant risks involved with settling too quickly. Even though a settlement offer might seem attractive, you could make a critical mistake by accepting before you understand the big picture. Some general information should convince you why you should trust a Miami personal injury attorney to represent you in connection with settlement negotiations.

The Role of the Insurance Company

July 1, 2020

When are Miami Drivers at the Highest Risk for a Car Accident?

by Gerson & Schwartz, P.A.

Even when you are extremely cautious and drive defensively on the busy streets of Miami, car accidents are still a threat. However, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) collects data to better understand when the risk of collisions is higher. Various factors impact the potential for crashes according to different days of the week, seasons, holidays, the time of day, and more. When you know the most dangerous times to be on the road, you can avoid non-essential trips and take extra precautions when you do need to drive.

Since you cannot prevent crashes entirely, it is important to work with a Miami car accidents attorney if you were injured. Plus, you can review the following information on when drivers are at the highest risk of being involved in a crash.

Holidays Associated with Celebrations

June 26, 2020

Surgical Errors by Florida Doctors can Lead to Serious Injuries

by Gerson & Schwartz, P.A.

There are risks associated with any type of surgery, whether you are being treated under emergency circumstances or through an elective medical procedure. The intricate, meticulous nature of surgery means that any slight mistake can lead to serious harm, long-term complications, and even death for the patient. Unfortunately, the vast majority of surgical errors are preventable. Online health care resource WebMD indicates that there may be more than 4,000 mistakes made by surgeons every year; the actual figure may be higher than this estimate because of issues with reporting.

Surgical mistakes are referred to as “never” events because they should not ever occur when a provider in the specialty area of surgery exercises due care. These errors can rise to the level of malpractice, so you should discuss your legal remedies with a Miami medical malpractice lawyer. You might also find it useful to learn about the most common surgical errors.

Leaving Objects Inside the Patient: Fatigue, interruptions, and understaffing may lead a physician to be careless when suturing a patient after surgery. He or she may not notice that a sponge, tool, clamp, or other equipment was left behind. This type of surgical mistake is especially harmful because the object may not be discovered for weeks or months afterward.

June 24, 2020

Out-of-State Victims’ Rights in Miami Auto Accidents

by Gerson & Schwartz, P.A.

Miami enjoys a booming tourist industry with visitors coming from all U.S. states. Sadly, being on vacation does not insulate you from the risk of being involved in a car accident. Injured victims from out-of-town face an even more overwhelming situation after an auto crash, since they are in unfamiliar territory – geographically, logistically, and legally.

The good news is that many of the laws that apply to motor vehicle crashes in your hometown also apply if you were hurt in a collision in Florida. However, there are some unique factors that can be complicated when you are trying to enforce your rights from afar – AND recover from your injuries at the same time. A Miami car accidents attorney can explain your remedies and assist with the legal process, but some general information may also be useful.

Car Accident Claims Process for Non-Resident Victims

June 19, 2020

Recent Lawsuit Targets Miami Apartment Complex for Negligent Security

by Gerson & Schwartz, P.A.

In a lawsuit recently filed in the Miami-Dade Circuit Court, plaintiffs are seeking $25 million in damages from the owners of an apartment complex in Gladeview, a suburb just northwest of Miami. The allegations stem from an incident that occurred in November 2019, when a man was killed by a tenant while attempting to visit his mother at her apartment unit. The wrongful death case was filed on behalf of the victim’s widow, who claims that the defendants failed in their duties as property owners and other parties in control over the apartment complex.

While the allegations are very detailed in terms of facts, the lawsuit is based upon a concept termed premises liability in the practice of law. The key issue revolves around what the defendants did and did not do to keep the apartment complex safe for residents and their visitors. Because of the complicated legal issues, it is important to work with a Miami negligent security attorney if you were hurt because of criminal acts on property. An overview may also be helpful.

Legal Basis for Negligent Security Cases

June 17, 2020

Reasons Miami Car Accidents Increase Over the 4th of July

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) periodically assesses multiple holidays throughout the year to determine which are the most dangerous to be on the road, and its findings should be noted for the one coming up soon — the Fourth of July. In a Traffic Safety Facts publication on holiday car accident fatalities in 2019, NHTSA revealed that 594 people were killed in motor vehicle crashes over July 4, ranking #1 among all single holiday periods.

Some of the reasons for this increase in auto crashes around the holidays are obvious, while others might surprise you. If you were hurt, you should consult with a Miami car accidents attorney about your legal options. Meanwhile, you can review some of the key contributing factors that make the Fourth of July a particularly dangerous time for motorists.

Drunk Driving

June 12, 2020

Avoiding Miami Bicycle Accidents: Tips on Riding Predictably

by Gerson & Schwartz, P.A.

It is shocking to learn that more than 1,000 people are killed and another 306,000 are injured every year in bicycle accidents across the US. However, another trend indicated by the National Highway Traffic Safety Administration (NHTSA) is even more disturbing: In its recent publication on Traffic Safety Facts: Bicyclists and Other Cyclists, 75% of bicycle accidents occur in urban areas like Miami. There have already been 304 of these incidents in Miami-Dade County as of early June, just at the halfway point of 2020.

You probably hear plenty of tips on wearing a helmet, preparing your bike, and putting on safety gear to protect yourself – as well as contacting a Miami bicycle accidents lawyer if you were hurt. What you may not know much about is the practice of “predictable” cycling. To a certain extent, you hold the key to reducing these incidents, so read on for some tips on how to be predictable while riding.

How Riding Predictably Decreases Bicycle Accidents

June 10, 2020

The Extreme Dangers of Drowsy Driving in Miami

by Gerson & Schwartz, P.A.

You might read a headline once in a while about a Miami car accident caused by a motorist falling asleep at the wheel, but you would probably never expect to be personally involved in a drowsy driving crash. Unfortunately, statistics reveal that fatigue is common among drivers and it can be a key factor in serious accidents. The Governors Highway Safety Association (GHSA) estimates that there are around 328,000 drowsy driving collisions every year in the US; approximately 6,400 of these incidents were deadly and another 109,000 caused injuries to at least one person. However, GHSA notes that there is some margin of error on fatigued driving crashes figures due to reporting issues.

If you or a loved one was involved in a drowsy driving collision, it is important to consult with a Miami car accidents attorney right away about your legal options. Plus, some information on the dangers may help you avoid becoming a victim.

The Dangers of Drowsy Driving