Miami Accident Lawyer Blog

June 5, 2020

What is “Constructive Notice” in a Miami Slip and Fall Accident?

While often referred to as “slip and fall” accidents, the nature of your legal rights falls under the category of premises liability if you were hurt in such an incident. As with many other personal injury claims, the basis of these claims is negligence. You can recover compensation if you can prove that a property owner knew or should have known about a dangerous condition on the premises, and that person or entity failed to address it – either by fixing the hazard or warning others.

However, the language “knew or should have known” often confuses people in terms of proving the essential elements of a premises liability case. In short, the phrase relates to a property owner having notice of the dangerous condition. The legal details are much more complicated, which is why you should trust a Miami slip and fall accidents attorney to assist with your case. Some general information may also be helpful.

The “Notice” Requirement

June 3, 2020

Paying Medical Bills After a Miami Car Accident

by Gerson & Schwartz, P.A.

You do have legal remedies available after being hurt in a Miami car accident, including the option to seek compensation for your losses. In a particularly serious crash, you may be able to pursue the responsible driver’s insurance company by filing a claim. The objective is to recoup monetary damages for the costs you have accrued and other ways your injuries impact your life. However, as you might expect, it is not likely that you will receive a check overnight. Instead, your compensation will be paid out after your claim is resolved – either through a settlement agreement with the insurer or in court. Therefore, you could have difficulty paying your medical bills, especially if your injuries prevent you from working.

It is a relief to know that there could be other sources you can turn to when you need financial support as the victim of a collision. While your Miami car accident attorney is working through the claims process, you should also ask about getting funds through:

Your Auto Insurance PIP Coverage

May 29, 2020

Understaffed Florida Nursing Homes Put Residents at Risk

by Gerson & Schwartz, P.A.

Nursing homes have a legal duty to ensure that residents enjoy a safe living environment and quality care, an obligation that stems from Florida law and by contract. Unfortunately, far too many assisted living facilities fail to live up to their obligations. One of the biggest threats to residents is understaffing, a problem highlighted in a PBS article. A recent study found that most nursing homes had fewer nurses and caretakers than they reported to officials, leading to significant fluctuations in staffing. Weekends are a particular concern, with staff being responsible for almost twice as many residents.

When nursing homes simply do not have sufficient personnel to deliver essential services and the level of care required by residents, neglect and abuse become serious issues. Because some victims are not in a position to address misconduct on their own, loved ones must often step up to seek justice. If you believe understaffing was behind harm to your loved one, you should contact a Miami nursing home abuse and neglect lawyer right away. It is also important to understand the dangers.

Reasons for Nursing Home Understaffing

May 27, 2020

Will V2V Communication Reduce the Potential for Car Accidents in Miami?

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) is always investigating features that promote safety and reduce the risk of car accidents. One of the latest efforts involves Vehicle-to-Vehicle Communication (V2V), which is technology that allows vehicles to wirelessly exchange information. By communicating traffic-related factors with other vehicles, V2V can alert drivers regarding threats and enable them to avoid a collision. The NHTSA estimates that, if every vehicle on the road was equipped with V2V technology, 615,000 motor vehicle accidents could be prevented and 1,366 lives could be saved.

There is a long road ahead to get V2V communication installed on every vehicle on the road, so the potential for fatal and injury-causing crashes remains a reality. If you were hurt or lost a loved one, it is important to get in touch with a Miami car accidents attorney right away. You might also be interested to learn more about V2V technology.

Overview of V2V Communication

May 22, 2020

Who are Vulnerable Road Users in Miami Traffic Accidents?

by Gerson & Schwartz, P.A.

You are probably aware of the risks of fatal and injury-causing car accidents in Miami, but you may not realize that the threats affect you even when you are not in a four-wheeled vehicle. When collecting data on crashes, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) also includes incidents involving motorcycle riders, bicyclists, and pedestrians. These individuals are designated as “vulnerable” road users, and collisions involving them occur frequently.

For victims, the legal process is similar to accidents involving motorized vehicles, but there are some unique characteristics that make these crashes far more devastating. As such, it is important to work with a Miami attorney who focuses on pedestrian, bicycle, and motorcycle accidents if you were injured. You might also benefit from reviewing some statistics and background information about your rights.

Vulnerable Road Users and Accident Statistics

May 20, 2020

Determining Fault in Miami Car Accidents

by Gerson & Schwartz, P.A.

Car accidents make up a whopping 99% of all non-fatal transportation injuries in the US, according to the National Highway Traffic Safety Administration’s 2020 Report. Millions of victims and their families are expected to file insurance claims for their losses. Even if you do not have a legal background, you probably hear a lot about how fault plays a role in the process. Legal liability concepts are central to your rights and remedies, but they work a little bit differently after a Miami car accident. In many cases, fault may not be key because you will seek compensation from your own insurance company under Florida’s no fault rules.

However, there are some instances in which you qualify to file an injury claim with the other driver’s insurer – and proving fault is definitely a requirement to obtain compensation. Your Miami car accidents attorney can explain the details, but you might find the following information useful.

Why Fault Matters in a Miami Auto Crash

May 15, 2020

Potential for Miami Cruise Accidents Increases as Bookings Skyrocket

by Gerson & Schwartz, P.A.

As Florida and other US states go through various stages of reopening after the novel coronavirus COVID-19 pandemic, there are encouraging signs that the cruise industry will soon get back to operation. According to a May 13, 2020 article published by South Florida CBS News Channel 12, cruise lines are experiencing a 600% increase in bookings as compared to this time last year. The explosion in guest reservations occurred just after some cruise operators announced that they would be resuming trips starting in August 2020 from ports, including the Port of Miami.

Of course, the resumption of vacations at sea means that the risk of cruise accidents and injuries will pick up, as well. If you were hurt, a Miami cruise ship accident lawyer can provide specific information on your legal options, but some answers to frequently asked questions may be useful.

What are My Legal Rights After a Cruise Injury?

May 13, 2020

Most Common Types of Car Accidents in Miami

by Gerson & Schwartz, P.A.

The US Centers for Disease Control and Prevention reports that motor vehicle collisions are among the leading causes of accidental death in the US every year, typically ranking within the top three in any given year. Crashes kill more people annually than medical conditions like stroke or diabetes, and they injure more than 2.5 million other victims. However, while fatal and injury-causing auto accidents are common, no two incidents are the same. Each collision involves different forms of carelessness, contributing factors, and surrounding circumstances.

Plus, every crash affects victims and their families in different ways, which is why it is essential to retain a Miami car accidents attorney for assistance with the complicated legal process. You might also want to learn about the types of collisions that are most likely to lead to serious injuries.

T-Bone Accidents: The point of impact in this type of crash is the front of one car and the side of another, forming a “T” shape. A T-bone collision is most likely to happen when a driver enters an intersection without having right of way, or when some motorist makes an improper left turn in front of oncoming traffic.

May 8, 2020

What is the Difference Between a Claim and a Lawsuit?

by Gerson & Schwartz, P.A.

Legal terminology can be complicated for anyone without a background in law, which is why there is often confusion over what happens after someone is hurt in a personal injury accident. Even if you know that you have options to recover compensation for the party responsible for causing your injuries, exercising your legal rights does not always mean going to court. You may be able to obtain monetary damages, including medical costs, lost wages, and pain and suffering, through a settlement.

This scenario and other details often lead people to misunderstand the difference between a “claim” and a “lawsuit.” In short, these two terms describe two distinct – yet potentially overlapping – stages of the legal process. You can learn the specifics by speaking to a Miami personal injury lawyer, but an overview of claims versus lawsuits may be helpful.

Claims Involve Insurance Companies

May 6, 2020

Tips for Talking to Witnesses After a Miami Car Accident

by Gerson & Schwartz, P.A.

Witnesses to a Miami car accident are valuable resources when you are filing insurance claims for your injuries, as well as if you resort to litigation. These individuals may have details regarding the incident that you may not know; plus, eye witnesses are typically neutral parties in your case when it comes to fault. Their statements and testimony are generally viewed as being more credible than your own because they do not stand to gain. According to the Florida Rules of Evidence, almost anyone is competent to be a witness – as long as they have personal knowledge of the circumstances.

As such, it is important to communicate with potential witnesses at the scene, starting with names and contact information. This may or may not be possible depending on the nature of your injuries, but do what you can if you are physically able. Your Miami car accidents attorney will handle the legal details, but you should follow a few tips for talking to witnesses after the crash.

Find Out the Witness’s Location