Miami Accident Lawyer Blog

February 21, 2020

Comparing 2019 Miami Car Accident Fatalities to Previous Years

With 2020 already well underway, it can be helpful to review fatal car accident statistics from previous years as a way of comparing trends. According to the Florida Department of Highway Safety and Motor Vehicle (FLHSMV) Crash Dashboard for 2018, there were 64,627 collisions in Miami-Dade County, killing 293 victims. The data for 2019 indicates a drop in the number of total accidents, down to 64,495; however, the number of fatalities was higher, as 335. So far this year, 29 people have been killed in 5,915 crashes.

A fatal auto collision involves implications that extend far beyond the loss of life. Surviving loved ones lost a family member, often one they depended upon for financial support, care, and guidance. In such situations, it is important to discuss your rights with a Miami car accidents attorney. You can also review some fatal auto crash statistics to understand just how common these tragedies are.

Fatal Crashes in Miami and the Rest of Florida

February 19, 2020

Four Motorcycle Safety Technologies Protecting You on Florida Roadways

by Gerson & Schwartz, P.A.

From your phone and tablet to your TV, car, and entire home, you interact with countless “smart” devices on a daily basis. Now, with recent advancements in motorcycle technology, you can even be smarter when engaging in your favorite activity. Manufacturers are carrying over innovations from the auto industry, but they are also equipping the latest models with solutions that make it safer to ride. Some might even argue that motorcycle technologies have already had an effect on Miami roadways: The Florida Department of Highway Safety and Motor Vehicles Annual Report indicates that there were 9,143 motorcycle crashes in 2018 – compared to an average of 10,019 for 2016-2017.

If you were hurt in a collision, you should reach out to a Miami motorcycle accidents attorney who can assist with filing a claim for your losses. However, you can also read on to learn about the top motorcycle technologies that are enhancing safety for those who love to ride.

Air Bag Equipped Clothing: The same air bag technology that protects you in a car accident is now available in the clothing you wear when riding your motorcycle. You can purchase vests, jackets and bodysuits with smart airbags, which deploy within milliseconds when sensors in the clothing detects an accident is about to occur.

February 14, 2020

Five Things to Take Pictures of After a Miami Car Accident

by Gerson & Schwartz, P.A.

On average, there are more than 64,000 traffic-related accidents according to the Crash Dashboard prepared annually by the Florida Department of Highway Safety and Motor Vehicle. That means that it is possible that you or someone you know could be involved in a collision involving property damage, injuries, or even fatalities. While this is the last situation you want to face, it is important to take certain actions in the immediate aftermath of a car accident. Your health is a first priority, but you should also be gathering as much information from the scene as possible.

Fortunately, today’s technology has provided you with a very important tool for collecting evidence — your smartphone. The vast majority of devices include a camera, enabling you to capture images and video that will help your Miami car accidents attorney prove the essential components of your claim. Here are five things you should take pictures of after the incident.

All Vehicles: Getting a visual of damage to all vehicles is important because it demonstrates the serious nature of the crash. Though injuries can result from even minor collisions, pictures of severe dents and cracks are evidence of a particularly violent impact. In addition, these images may reveal who was at fault in the accident, which can sometimes be determined by the location of the damage.

February 12, 2020

What to do if an Insurance Company Asks for Medical Records

by Gerson & Schwartz, P.A.

When you are hurt in an accident and want to seek compensation from the responsible person or entity, you will typically file a claim under an auto, business, property, or other insurance policy. Because the nature of your injuries is a key factor in getting monetary damages, you can expect that the insurer will want to see your medical records. On its face, this does not seem like an unreasonable request, so you may think there is nothing wrong with providing them.

However, the exact opposite is usually true. You could be making a huge mistake that has extensive, negative implications for your rights. Instead of discussing the issue with the insurance company directly, you should trust a Miami personal injury attorney to deal with an adjuster. After reviewing the information below, you will understand why.

Reasons You May be Asked to Provide Medical Records

February 7, 2020

Driving with a Pet: Unexpected Cause of Miami Car Accidents

by Gerson & Schwartz, P.A.

Dogs are a part of the family in South Florida more than ever, which means many drivers take Fido along when they are traveling or making short trips around Miami. While it might seem adorable to see motorists petting furry friends and allowing them to sit in their laps, the truth is that these people are creating a serious safety risk. The comparison to the distracted driving dangers involved with talking, texting, and other cell phone use is very real.

Still, there are few laws or regulations covering the topic across the US. Florida has yet to take legislative action, so you can be sure drivers will continue to operate their vehicles under such risky circumstances. Fortunately, you do have rights if you are injured in a Miami car accident, so some background information may be helpful.

Comparing the Dangers of Cellphone Use to Driving with a Pet

February 5, 2020

Victims’ Rights for Injuries at Apartment Complexes

by Gerson & Schwartz, P.A.

Miami apartment living comes with many different conveniences and perks that residents find attractive, including access to a pool, fitness center, parking facilities, and other amenities. For some, one of the best benefits is having a landlord or property management company handle repairs and maintenance. There is a certain sense of comfort that comes with not being responsible for these issues, since you know that the overall costs are covered as part of your rent.

Of course, on the other side of things, your landlord’s responsibilities are also a critical component of the relationship. When those in control over apartment complexes do not live up to their legal obligations, their failures put residents, guests, and visitors at risk of serious injuries. A Miami slip and fall accident lawyer can explain your legal remedies if you were hurt, but some background information may be useful.

Liability for Dangerous Conditions

January 31, 2020

Timeline of a Miami Car Accident Case

by Gerson & Schwartz, P.A.

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 29, 2020

How do I Prove a Wrongful Death Case in Florida?

by Gerson & Schwartz, P.A.

When you are trying to cope with the grief and massive losses after losing a family member in an accident, it is comforting to know that you may be able to recover monetary damages under Florida’s wrongful death statute. The law is intended to compensate the victim’s loved ones for the losses they suffer, since they are indirect victims of such a tragedy. Of course, you probably realize that you must meet certain legal requirements to establish your rights. Under the circumstances, you probably wonder how you can provide essential evidence when the decedent is not around to offer it.

Fortunately, the relevant laws provide for such a situation. While you should entrust your case to a Miami wrongful death lawyer, you should understand the importance of proof-related issues.

Basic Elements of a Wrongful Death Case

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 22, 2020

What to do if You Were Hurt in a Miami Cruise Ship Accident

by Gerson & Schwartz, P.A.

Travel, tourism, and destination online guide Oyster published an article on the 9 Worst Cruise Ship Disasters, which covers incidents from the RMS Titanic to the Costa Concordia in 2012. However, not all cruise ship accidents make headlines; in fact, many of these stories are brushed under the proverbial rug as cruise lines attempt to minimize incidents and avoid damaging their reputations. Still, accidents that cause injuries for passengers are common, ranging from a slip, trip, or fall, to shore excursion incidents, sexual assault, and other criminal acts.

If you were hurt under such circumstances, you might be bewildered about what to do next. The top priority is seeking medical attention for your injuries, but you need to be cautious about your next steps. From the moment of the accident, cruise companies are already planning their defense so they will not have to pay your claim. As such, you should contact a Miami cruise ship accident attorney at the first possible opportunity. In the meantime, follow these steps to protect your interests.

Report the Accident: After you receive proper medical care, you should notify the appropriate crew members regarding the incident. This action preserves your right to file a claim for monetary damages under applicable international maritime laws. If you fail or delay in reporting the accident to officials, you may not qualify to recover compensation.