Miami Accident Lawyer Blog

December 25, 2019

Common Law Versus Statutory Duties of Miami Property Owners

When you are hurt because of dangerous conditions on property, you may have legal options to recover compensation under the theory of premises liability. In general, this legal concept imposes a duty on owners to keep the property in a reasonably safe condition for those who enter upon it. If they breach this duty, they can be liable to pay monetary damages to an injured victim. The main issue in many premises liability cases is what acts or omissions would constitute a breach of duty.

At times, the breach may be a result of general negligence, but an accident may also occur because a property owner violated a law. The distinction matters, and a Miami premises liability attorney can explain why. You might also benefit from reviewing some of the basics regarding common law and statutory duties of property owners.

Legal Basis for Injuries on Dangerous Property

December 19, 2019

Why is it So Hard to Recover for Whiplash Injuries in a Miami Car Accident?

by Gerson & Schwartz, P.A.

Broken bones, cuts, abrasions, and burns are some of the most common injuries in a Miami auto crash, and they are certainly among the most obvious. However, there are other forms of trauma that can be just as devastating, but not as noticeable. Whiplash and other soft tissue injuries serve as examples, particularly since you may not even be aware that you were hurt until long after the collision. Under the circumstances, you may face challenges in recovering compensation from an insurance company. It is difficult to persuade an insurance adjuster that you deserve monetary damages for whiplash when the harm is seemingly invisible.

Still, because you could experience long-term health effects and complications, you should not give up on your claim for damages. Instead, you should retain a Miami car accidents attorney who can help with the legal hurdles.

Whiplash Often Involves Delayed Symptoms

December 17, 2019

Types of Compensation in a Miami Wrongful Death Case

by Gerson & Schwartz, P.A.

It is devastating to lose a loved one in an accident caused by someone else, but you might get a sense of relief knowing that you have rights as a surviving family member. Under Florida’s Wrongful Death Act, you could be eligible to seek compensation from the responsible person or entity. These claims are similar to other personal injury matters that involve negligence, since you must prove that careless actions were a direct result of the accident. However, wrongful death actions are unique in many ways, especially when it comes to the types of monetary damages you can recover.

While you should always trust a Miami wrongful death lawyer for assistance with any critical legal matters, you can read on to gain a better understanding of compensation in these claims.

Damages for Surviving Family Members

December 12, 2019

Examples of Comparative Negligence in Miami Car Accidents

by Gerson & Schwartz, P.A.

While it is true that some Miami car accidents leave no doubt in terms of who caused the incident, there are many others that are not so clear-cut. Most auto collisions involve multiple contributing factors about which motorist’s conduct was a primary or secondary cause, and Florida’s law on comparative fault addresses this type of situation. The statute states that your potential compensation in a motor vehicle crash claim may be reduced if your own actions are linked to the accident. Your monetary damages are decreased proportionally by the percentage of your fault.

In other words, you not only need to prove that the other driver was at fault – but you also need to present evidence that you were NOT, or that your contribution to the accident was minimal. A Miami car accidents attorney can explain the details, since contributory fault involves many of the same negligent acts you might allege against the other motorist. For instance, you could receive less in compensation if you were:

Speeding: When you are speeding, you have less time to react to traffic-related threats that can cause an accident. As such, even though the other driver may have been at fault by engaging in other careless actions, you could also contribute to the incident because you were traveling faster than what officials have set as the safe speed limit for that particular area.

December 10, 2019

How an Insurance Company Investigates a Miami Truck Accident

by Gerson & Schwartz, P.A.

When you file an injury claim after any type of motor vehicle accident in Miami, you know there will be an investigation into the causes and nature of your bodily harm. Insurers always carefully review the details before paying you, since the situation represents a loss for the company. If you were hurt in a truck crash, the basic process will be the same, but there are additional complications when you file a claim with the truck insurance company. The investigation will be far more detailed and intensive for a number of reasons.

Recovering from your injuries should be a priority after such an incident, so it is smart to rely on a Miami truck accident lawyer to handle the claims process on your behalf. Still, some information about how insurance companies investigate truck collisions may be useful.

Why Insurance Companies Investigate Truck Accidents

December 5, 2019

New Car on Your Holiday Wish List? Safety Features and Options for Miami Shoppers

by Gerson & Schwartz, P.A.

If a new car is on your wish or gift list for the 2019 holiday season, there is a good chance you are already doing your homework to find the best model that suits your budget and needs. It is understandable that cost, size, brand, and other factors will impact your decision, you should also make safety features a key consideration. There are many online tools you can take advantage of as you are conducting your research, notably SafeCar.gov, a website managed by the National Highway Transportation Safety Administration.

Some of the most important safety features can help you avoid a Miami car accident entirely, while others are critical in reducing the likelihood of severe injuries if you are involved in a crash. As you are engaged in your holiday car shopping, pay special attention to:

Forward Collision Warning: This technology incorporates sensors that detect when a collision may occur to the front of the vehicle. It then issues a warning, through a visual or audible alert – or both. On many vehicles, the forward collision warning is linked to automatic emergency braking features described below.

December 3, 2019

Passenger Rights in Miami Truck Accident Injury Claims

by Gerson & Schwartz, P.A.

It is common for the driver of a smaller vehicle to be severely hurt in a Miami truck crash, but these incidents also put any occupant in the car at risk of serious, catastrophic injuries. Some experts would argue that the threat of bodily harm is even greater for passengers who are not in the driver’s seat. The Insurance Institute for Highway Safety reports that many sedans, SUVs, pickups, and other vehicles have major weaknesses when it comes to protecting occupants who are not behind the wheel.

Fortunately, you do have rights as an injured passenger, including legal options for recovering compensation for your losses. You should trust a Miami truck accidents lawyer to handle the details, but you may find some general information useful.

Liability in Miami Truck Crash Claims

November 28, 2019

Rollovers are Among the Deadliest Types of Car Accident in Miami

by Gerson & Schwartz, P.A.

There are numerous car accident scenarios that can lead to serious bodily harm for victims, but a rollover crash is one of the most likely to result in catastrophic injuries. Statistics compiled by the National Highway Traffic Safety Administration (NHTSA) reveal that rollovers cause more fatalities than most other types of collisions: While the number is low at 2.1%, rollovers are responsible for causing almost 35% of all deaths due to motor vehicle crashes.

If you were injured or lost a loved one in such an incident, you do have rights under Florida law. A Miami car accident lawyer will help you enforce them, but some information on rollover crash claims may be useful.

Factors That Contribute to Rollover Accidents

November 26, 2019

Should I Accept Free Stuff if I am Injured on Property?

by Gerson & Schwartz, P.A.

Florida law requires business and property owners to maintain their spaces in a reasonably safe condition, but many of them do not live up to their duties. Non-Fatal Injury Data gathered by the US Centers for Disease Control and Prevention reveals that the top cause of bodily harm for 2017 was accidental slip and falls, followed by unintentional strikes by an object – both of which are common in restaurants, stores, apartment buildings, office complexes, and other locations throughout Miami.

Under normal circumstances, you would file an insurance claim or go to court to pursue your remedies as a victim. However, instead of allowing the process to run its course, a property owner might try to avoid legal action by offering you something of value. There are many reasons Miami premises liability attorneys warn against this, so you should review some important information before accepting anything.

Why a Property Owner Might Offer You Perks

November 21, 2019

How Long do I Have to See a Doctor After a Miami Car Accident?

by Gerson & Schwartz, P.A.

Unless you are unconscious or transported to the emergency room by first responders, you will have an important decision to make regarding your health care after a Miami car accident: When should you go to the doctor? You might be surprised to learn that may vehicle crash victims put off getting medical treatment, which can have adverse consequences for their well-being and their rights. So, how long do you have to seek medical care if you were injured in an accident?

As a Miami car accident attorney will tell you, the best answer is to get treatment right away – or at most within 72 hours after you were hurt. However, it is just as important to understand the reasons behind this recommendation.

Your Health is Your First Priority: Auto collisions involve a violent blow to your body, possibly causing both visible and not-so-obvious injuries. You need proper evaluation by a health care provider to obtain an accurate diagnosis, receive essential treatment, and get on the road to recovery. Some medical conditions will worsen without medical treatment, potentially leading to permanent, life-altering consequences.