Miami Accident Lawyer Blog

January 29, 2020

How do I Prove a Wrongful Death Case in Florida?

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.

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 27, 2019

What is Florida’s 14-Day Law in Car Accident Claims?

by Gerson & Schwartz, P.A.

You may be familiar with Florida’s four-year statute of limitations on filing a car accident lawsuit, but you are probably not aware of another crucial deadline — the 14-day time limitation on getting medical treatment for your injuries. For some auto crashes, the deadline will not be an issue because you are badly hurt and need emergency care. However, for certain types of injuries, victims may not experience pain or other symptoms for quite some time – making the 14-day time limit an important factor.

A Miami car accident attorney can explain the laws and relevant legal concepts in more detail, but you can read on for some background information.

Overview of Florida’s Insurance Laws