Miami Accident Lawyer Blog

November 26, 2019

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

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.

November 19, 2019

Types of Experts in Miami Personal Injury Cases

by Gerson & Schwartz, P.A.

Any time you are hurt in a car crash, slip and fall, by a defective product, or because of medical malpractice, proof is critical for getting the compensation you deserve under Florida law. Evidence is the basis for your legal rights, particularly with respect to liability and the nature of your injuries. Both fault and your losses can be complicated, which is why Miami personal injury lawyers work with experts as additional resources for claims in personal injury cases. You can trust your attorney to handle the details and retain the right people to assist, but you may find it helpful to learn the roles and types of experts that may participate in your matter.

Experts Play a Major Role in Personal Injury Cases

In sum, these individuals fill in the gaps where specialized support is essential to proving your claim. Lawyers have considerable knowledge in legal concepts, but they may not possess the meticulous, technical background in other key areas of a personal injury case. As such, attorneys rely on those who do have relevant expertise.

November 14, 2019

Latest Safety Features can Reduce the Risk of Teen Car Accidents in Miami

by Gerson & Schwartz, P.A.

Many people assume that teen drivers present a considerable safety threat, and data compiled by the Florida Department of Highway Safety and Motor Vehicles reveals that there is some truth to the assumption. There are approximately 662,000 auto crashes in Florida every year, and almost 63,000 involve drivers who were between 15 and 19 years old. That is roughly 10%, rather high for an age group that spans just four years. However, despite the belief that teens are more reckless or dangerous because they take unnecessary risks, studies have shown that inexperience is a top factor in teen auto crashes.

For worried parents of new drivers, experience is something your teen can only gain through practice – along with guidance, support, and appropriate rules established by you. As your child is learning and becoming more proficient at driving, there are some vehicle safety features that can also reduce the potential for car accidents in Miami.

Lane Maintenance Alerts: This technology employs sensors or video to assess whether the vehicle swerves over into another lane of traffic. It will then issue a lane departure warning to alert the driver and get him or her back on track.

November 12, 2019

Can I Recover Compensation for Injuries at a Miami AirBnB?

by Gerson & Schwartz, P.A.

AirBnB and related home sharing services seem almost too good to be true. You can make arrangements to stay in a private home for a fee, which is often less than booking a hotel room. In a hot tourist destination like Miami, you can even get a unique or hard-to-get space that you would never have access to through traditional accommodations sources.

However, because AirBnB is such an innovative approach to lodging, you might wonder how your rights work if you are injured as a guest. Accidents often occur because of negligence, but you may not know where to begin with obtaining compensation for your losses. You can discuss the details with a Miami premises liability attorney, but read on for some general information about injuries and AirBnB rentals.

AirBnb Protects Guests with a $1,000,000 Insurance Policy

November 7, 2019

Five Myths About Miami Car Accidents

by Gerson & Schwartz, P.A.

Being injured in a Miami car accident is a horrific experience, but the aftermath can be even more overwhelming as you are trying to enforce your right to compensation. The process of filing an insurance claim is extremely complicated. To make the situation worse, you may be at a disadvantage if you are operating according to certain misconceptions about auto crashes. Though family members and friends mean well, they may not always provide accurate information if they do not have experience in the legal field.

A skilled Miami car accident attorney can eliminate some of the confusion and will fight to protect your interests in the insurance claims process. However, it may be helpful to debunk common myths about motor vehicle collisions.

Myth #1: Lawyers Cost Too Much. Auto crash lawyers typically work on a contingency fee basis, which means you only pay if you recover compensation in your case. Instead of paying upfront or supplying a retainer, your attorney takes a percentage of the award you receive from an insurance claim or in court. According to the Florida Rules of Professional Conduct, a contingency fee arrangement must be reasonable and in writing.

November 5, 2019

Top Five Most Common Accidents on Miami Cruise Ships

by Gerson & Schwartz, P.A.

When you are planning a cruise from Miami, you want to make sure you have got planning down to the very last detail – from packing your essentials to scheduling activities and excursions. What you may not be able to predict or protect against is the potential for accidents on cruise ships. According to Cruisemapper.com, a website that tracks the safety records for various cruise lines, the risk is somewhat high. There are currently 490 ships with a negative safety rating, based upon 3,121 accidents that occurred at sea and on shore.

An injury-causing incident may ruin your vacation, but there are implications that extend beyond your return to port. A Miami cruise ship accident lawyer can help with the legal complications and will fight to get the compensation you deserve for your losses. Meanwhile, you can protect yourself and your family by learning about the top five accidents that cause cruise ship injuries.

Slip, Trip, and Fall Accidents: Luggage in hallways, poor lighting, loose carpeting, and unsecure staircases are just a few of the reasons slip, trip, and fall incidents occur. If a cruise ship operator does not undertake necessary repairs, serious injuries are possible.

October 31, 2019

Proposed Changes to Hours of Service for Miami Truck Drivers

by Gerson & Schwartz, P.A.

Trucker fatigue has been a severe problem on US roadways for decades, as drivers push the edge of their physical limits in the rush to deliver cargo on time. All this time behind the wheel takes its toll and wears them out, potentially leading to fatal and injury-causing truck accidents. Years ago, the federal government implemented regulations to reduce the frequency of fatigue-related crashes. Hours of Service (HOS) rules impose strict restrictions on how long drivers can work and requirements for breaks, among others. Recently, the Federal Motor Carrier Safety Administration announced proposed changes to HOS rules, enabling more flexibility for truck operators.

However, opponents of the proposed regulations argue that increased flexibility could lead to safety issues. If you were involved in a crash, it is important to work with a Miami truck accidents attorney when filing a claim for compensation. A summary HOS rules and modifications may also be helpful.

Overview of Hours of Service Regulations

October 29, 2019

Vehicle Black Boxes Impact Miami Car Accident Claims

by Gerson & Schwartz, P.A.

You may think of air travel when you hear about black boxes, but the truth is that these devices are in wide use in all types of passenger vehicles that were manufactured in recent years. The actual terminology used by the National Highway Traffic Safety Administration is event data recorder (EDR), which is technology that captures information related to an event – typically a motor vehicle crash. While some drivers have privacy concerns, many other motorists have realized the benefits when filing an injury claim as the victim of a collision.

Though the information from an EDR can support your position, it is still essential to retain a Miami car accident lawyer to ensure you get the compensation you deserve. A synopsis of vehicle black boxes may help you understand how they fit in an effective legal strategy.

How Event Data Recorders Work

October 24, 2019

Depositions in Miami Car Accident Claims: What You Need to Know

by Gerson & Schwartz, P.A.

If you are pursuing your legal remedies as the victim of a motor vehicle crash, it is likely that the responsible driver’s insurance company will request that you appear for a deposition. Under the Florida Rules of Civil Procedure, it is each party’s right to depose the other in connection with litigation. Plus, depositions are a common strategy for the narrowing legal issues involved when you are trying to work out a settlement.

However, beyond the basics, there is not much information on the point of depositions and what to expect. Your Miami car accidents attorney will provide guidance and represent you during the proceedings, but a background on depositions in auto crash claims may also be helpful.

Overview of Deposition Proceedings