Miami Accident Lawyer Blog

November 7, 2019

Five Myths About Miami Car Accidents

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

October 22, 2019

How to be the Best Client Your Miami Personal Injury Ever Had

by Gerson & Schwartz, P.A.

Whether you were injured due to a car crash, slip and fall, defective product, or other accident that was caused by someone else’s negligence, it is wise to retain an attorney to assist with your case as soon as possible. For one, the Florida statute of limitations is four years. Plus, there are far too many legal complications to try to handle the claims process yourself, especially when you should be focusing on recovery.

However, you should not expect an attorney to tackle your case without help from you. You need to be involved to provide essential support and perform tasks that are within your purview. Your Miami personal injury lawyer can tell you what you can do to ensure you get the top compensation available in an accident case, but here are a few ways you can be a model client.

Follow Doctor’s Orders

October 17, 2019

Speeding is a Primary Factor in Miami Car Accidents

by Gerson & Schwartz, P.A.

Most drivers are well-aware of the dangers of speeding, but recent information published by the National Highway Traffic Safety Administration (NHTSA) sheds some light on the severity of the problem. Speeding has been a factor in around one-third of all fatal motor vehicle accidents for the last 20 years, and it contributed to 26% of such incidents in 2017. Not only does speed lead to a high number of fatalities, but it is also a top cause of serious injury-causing crashes.

If you were hurt or lost a loved one in an auto collision caused by someone else’s negligent acts, including speeding, it is important to contact a Miami car accidents attorney right away. In the meantime, you can also review some information on the dangers of speeding.

How Speed Limits Impact Safety on Florida’s Roads

October 15, 2019

What is the Recovery Time for a Traumatic Brain Injury (TBI)?

by Gerson & Schwartz, P.A.

One of the most common types of bodily harm victims suffer in serious accidents are traumatic brain injuries (TBI). However, beyond this general classification, there are countless variations based upon the severity and area of the brain that is affected. On the one hand, a minor TBI may not result in a significant impact on your life; on the other hand, there could be serious medical complications that affect you for years. When you are dealing with such a wide range of variables, you will no doubt wonder how long it will take you to recover from TBI.

While your doctor is the best resource from a medical standpoint, your Miami personal injury lawyer also plays an important role for the legal aspects of TBI recovery time. A summary of the key issues may be helpful.

Overview of Traumatic Brain Injury

October 10, 2019

Overview of Neck and Back Injuries After a Miami Auto Accident

by Gerson & Schwartz, P.A.

The violent force of a Miami auto collision can lead to severe trauma to the neck and back, and these injuries are complicated because a victim may not experience any immediate symptoms. If you are involved in a crash, it could be hours or days until you start to feel pain. During this time, you could sustain even more serious medical issues because you did not seek treatment.

It is always a good idea to visit a doctor right away after a crash, since a health care provider can conduct an MRI, CT scan, or other screening to diagnose a neck or back injury. Once you are on the road to health, you should consult with a Miami car accident lawyer. Considering how these injuries can result in short- and long-term implications, you will need assistance with your claim for compensation.

Common Neck and Back Injuries from a Car Accident

October 8, 2019

How Much can I Recover After a Miami Truck Accident?

by Gerson & Schwartz, P.A.

You are probably not surprised to learn that crashes involving semis and other large trucks are among the most serious accidents on Florida roadways. According to the Insurance Institute for Highway Safety, these vehicles and their trailers can outweigh a passenger vehicle by as much as 20-30 times, depending on the cargo. Plus, in terms of distance, 18-wheelers can take up to 40% more space to stop as compared to cars.

Considering the severe, potentially catastrophic injuries that result from these crashes, you are probably wondering what you can recover as compensation if you are a victim. The question is difficult, since every case is different and depends upon your unique circumstances. However, Miami truck accident attorney can provide information on the factors that affect the amount of monetary damages, including:

The Costs of Medical Treatment