Miami Accident Lawyer Blog

May 13, 2020

Most Common Types of Car Accidents in Miami

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

May 1, 2020

Do Not Make Your Miami Slip and Fall Accident Claim Worse

by Gerson & Schwartz, P.A.

If you were injured in a slip and fall accident or other incident that occurred because of dangerous conditions on property, you probably know that you have options under Florida law. It is possible to recover compensation for your losses, either through an insurance claim or in court. However, you may not understand the legal nuances and subtleties involved with these claims, which fall under the concept of premises liability.

As a result, if you try to represent yourself, you are more likely to make mistakes in the immediate aftermath and later on in the legal process. Ultimately, your claim may be denied or you will be forced to accept a lowball amount to settle it. You can avoid the first, most crucial error by retaining a Miami premises liability lawyer right away. In the meantime, keep in mind the following points so you do not hurt your chances of receiving full compensation.

Not Getting Evidence from the Scene: If you are physically able on account of your injuries, collect as much information as possible at the exact location of the slip and fall accident. Take pictures and video with your cell phone, get contact information from witnesses, and make sure to note the presence of any surveillance video cameras.

April 29, 2020

What to Include in a Demand Letter After a Miami Car Accident

by Gerson & Schwartz, P.A.

There are more than 31,350 people injured in Miami-Dade County auto accidents every year according to the Florida Department of Highway Safety and Motor Vehicles’ Crash Dashboard, a figure that may not surprise you given the number of careless drivers on the road. However, you might be shocked to learn that an estimated 95% of victims settle their claims with an insurance company rather than go to court. There are multiple advantages of settling, especially since you resolve your case faster and enjoy certainty in terms of the result.

The first stage in pursuing settlement will be preparing a packet with your claim and supporting documentation, topped off by a demand letter to the responsible driver’s insurance company. It is wise to trust a Miami car accidents attorney to handle these initial tasks, but you might find an overview to be helpful.

Supporting Documentation for Your Demand Packet

April 24, 2020

Insurance Claims After a Miami Motorcycle Accident

by Gerson & Schwartz, P.A.

Every U.S. state requires motorists to carry certain minimum levels of auto insurance, and Florida is no exception. However, insurance laws related to motorcycles and motorcycle accidents ARE very different in ways that may surprise you. In short, most of the familiar insurance regulations established by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) only apply to vehicles with four or more wheels. Motorcycles and trikes, a.k.a. three-wheeled motorcycles, are covered by an entirely distinct set of rules.

In some situations, the relevant regulations may have a significant impact on your rights if you were injured because of another driver’s negligence. You should speak to a Miami motorcycle accidents lawyer about your rights, and read on for important information about Florida’s insurance laws.

Motorcycle Insurance Requirements

April 22, 2020

Warnings About Signing a Release After a Miami Car Accident

by Gerson & Schwartz, P.A.

According to the Florida Department of Highway Safety and Motor Vehicles Traffic Crash Facts, there are more than 248,000 people hurt in Florida car accidents every year, and almost 32,500 injured victims in Miami-Dade County alone. For many of these individuals, the legal process for recovering compensation starts with filing an insurance claim. You might be working with your own insurance company, since Florida is a no-fault state; however, in some cases, you will file a third-party claim with the insurer for the responsible driver.

In either situation, you may be presented with a “release,” a document that carries very important implications for your rights as a victim. As such, you should always consult with a Miami car accident lawyer before signing, and these warnings about releases should convince you of the reasons why.

You Give Up Your Rights: The point of a release is to resolve your auto crash claim with the insurance company. In exchange for your signature, the insurer will offer a payout to cover your losses, with the stipulation that you have no further rights or remedies. When you are injured and facing an uncertain financial situation, the settlement amount may seem attractive. However, by giving up your rights, you risk being under-compensated.

April 17, 2020

Florida Comparative Fault and Victims of Pedestrian Accidents

by Gerson & Schwartz, P.A.

The Florida Department of Highway Safety and Motor Vehicles Crash Dashboard indicates that there were 1,607 pedestrian accidents in 2019, leading to 87 fatalities and almost 1,200 injuries to victims. Many of these incidents are caused by driver errors, such as failure to yield, running a red light or stop sign, and many other careless actions. However, if you were hurt in an incident while on foot, you should realize that your own conduct may also be a factor. Even though you probably suffered more extensive injuries being a vulnerable road user, you do not get a reprieve when you were also at fault.

The reason is that Florida has a statute on comparative fault, and it could have an impact on the monetary damages you can recover. You should discuss the implications with a Miami pedestrian accidents attorney, but an overview may be useful.

Comparative Fault in Florida Personal Injury Cases

April 15, 2020

How Seniors can Avoid Becoming Pedestrian Accident Victims

by Gerson & Schwartz, P.A.

People over the age of 65 account for almost 20% of all pedestrian deaths, according to NHTSA data. A pedestrian dies in a car accident every 1.5 hours. Seniors are uniquely vulnerable to becoming pedestrian accident victims. If you are a senior citizen, or your loved one is a senior citizen, how can you avoid becoming the next statistic? Here are a few tips for keeping yourself safe from becoming a Miami senior pedestrian accident victim.

Be Extra Cautious About Distracted Driving

One of the biggest causes of Miami senior pedestrian accidents is distracted or inattentive drivers. Reckless, distracted driving can cause drivers to fail to stop at stop signs or turn carelessly in front of pedestrians in an intersection. Distracted drivers often disregard red lights. Common causes of distracted driving include the following:

April 10, 2020

Hospital Negligence Involving Coronavirus

by Gerson & Schwartz, P.A.

The United States now has more diagnosed cases of coronavirus than any other country. The death toll in Florida continues to rise. With so many sick people seeking hospitalization related to coronavirus, hospitals are becoming overloaded and many health care professionals do not have the required protective equipment. Many Miami residents might wonder whether or not they can bring a lawsuit for hospital negligence involving coronavirus.

Can You Sue a Hospital for Negligence Related to Coronavirus?

Coronavirus is an incredibly invasive virus. Negligent safety practices in hospitals can result in patients becoming infected with the potentially deadly disease. Older individuals are more likely to die from coronavirus complications. Additionally, people with underlying medical conditions are more susceptible to dying from complications of coronavirus. In certain situations, people whose loved ones suffer long-term injuries or death due to hospital negligence may have a legal right to sue the hospital.