Miami Accident Lawyer Blog

January 15, 2024

Does a Pre-Existing Injury Bar My Florida Accident Claim?

Starting from when you were a toddler, you have likely had many injuries ranging from minor to severe over the course of your lifetime. Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that more than 50 million people seek emergency treatment or care from a physician for accidental injuries. These will be part of the long-gone past in most cases, but some prior injuries could impact your rights if you were hurt in an accident.

There are countless reasons an insurance company may claim to deny payment in an accident case, and one of them is pre-existing injuries. The insurer’s strategy might work if you do not have legal representation, so make sure to retain a Miami personal injury attorney right away. You want to leverage the best possible strategies to counter the insurance company and get the compensation you deserve.

Pre-Existing Injuries in Accident Claims

December 27, 2023

Tips for Choosing a Bicycle Helmet for Your Child

by Gerson & Schwartz, P.A.

The holidays are over, and for the many Florida children who received bicycles as gifts, the fun can begin right away. The year-round warm climate means kids will soon be heading out for a ride, and the US Centers for Disease Control and Prevention (CDC) has some interesting statistics on the subject. American children are hooked on bikes, and an estimated 33 million of them ride around 10 billion hours every year. The downside is that there are still many risks involved, especially when bicycling around Miami. Almost 400 children are killed, while another 450,000 are treated in hospital emergency rooms for bike crash injuries.

Of the children injured in bicycle accidents, approximately 153,000 victims suffer head injuries. The obvious answer for parents is to purchase a suitable helmet for kids. However, this task can be easier said than done. Some tips on how to choose a helmet will safeguard your child in the event of a Miami bicycle accident, so consider the following details.

Tips for Buying a Child’s Bicycle Helmet

November 20, 2023

Should You Settle Your Personal Injury Case or Go to Trial?

by Gerson & Schwartz, P.A.

People threaten to sue each other all the time, but only a small fraction of these lawsuits actually materialize. Perhaps, at the scene of the car accident that caused your injuries, the other driver even threatened to sue you, even though it was obvious to everyone that the other driver bore most of the fault for the accident. Empty threats aside, people who genuinely intend to sue often change their minds once they realize the amount of work that goes into filing a lawsuit and preparing for trial. Being a plaintiff in a civil lawsuit is as stressful as being a defendant. Personal injury lawyers might advertise that they fight to the finish, never settling and never compromising, but fighting is not the main goal of a personal injury lawsuit. The goal is to get the money you lost as a result of an accident that the defendant caused, and getting the money after less conflict is just as good as, if not better than, getting the money after more conflict. A Miami car accident lawyer can help you get the money you need after an accident, with or without a lawsuit or a trial.

Personal Injury Lawsuits are About Getting the Money You Need, Not About Having the Last Word

If you file a personal injury lawsuit, the chances that you will receive a settlement are much greater than the chances that you will go to trial. During the discovery process, where the plaintiff and the defendant notify each other of the evidence that they intend to present at trial, it will become obvious to the defendant that the defendant is legally responsible for your injuries and the financial losses associated with them. Most of the time, the defendant will offer to settle for an amount that the defendant considers sufficient to cover your accident-related medical bills and lost income. At that point, your lawyer and the defendant’s lawyer simply negotiate until they arrive at a settlement amount that both parties consider acceptable.

October 20, 2023

Florida Theme Parks and Premises Liability

by Gerson & Schwartz, P.A.

Florida has arguably the highest density of amusement parks of anywhere in the world. With so many thrills in a relatively small geographic area, accidents are bound to happen sometimes. Of course, people choose amusement parks over sources of excitement that occur in more natural settings for a reason. One can reasonably expect to lounge by a lagoon at a theme park without getting picked off by an alligator, but all bets are off if you are lounging by a naturally occurring lagoon on public land, much as paying admission to walk through a Halloween haunted house attraction is supposed to be less dangerous than venturing into a bona fide abandoned building at your own risk. Theme parks are supposed to create the illusion of danger while, in fact, delivering a safe experience. When preventable accidents at theme parks result in death or serious injury, the theme park is legally responsible. If you have been injured in a preventable accident at a theme park, contact a Miami premises liability lawyer.

Notable Premises Liability Cases Involving Theme Parks

Premises liability laws hold that when a customer gets injured at a place of business, the customer has the right to file a personal injury lawsuit against the business owner and to seek damages for medical expenses and lost income related to the accidental injury. These are some notable premises liability cases filed against theme parks in Florida:

September 20, 2023

How Do I Report a Miami Boating Accident?

by Gerson & Schwartz, P.A.

Whether you love fishing, cruising, adventure sports, or other water-based fun, you cannot beat the year-round beautiful boating weather in Miami. With no end to the season, the waterways of South Florida attract both residents and visitors. Despite being a responsible boat operator, it is still possible to be involved in an accident, considering the crowds, weather, and water conditions. In most cases, you should report to the Florida Division of Law Enforcement, Fish and Wildlife Conservation Commission (FWCC).

However, sheriff’s offices in South Florida have robust, well-equipped water safety and rescue divisions. You can call 911 to get them mobilized, and the US Coast Guard is also an option. Once you report the incident, there are additional steps to take. The first is retaining a Miami boating accidents attorney, but you should also keep in mind the following To-Do’s.

Seek Medical Treatment: It is critical to get appropriate attention for injuries right away, even if you do not initially think you are hurt badly. The ER is for life-threatening trauma, such as excessive bleeding, loss of consciousness, or difficulty breathing. For injuries that are less serious, you may opt for an urgent care center or your primary care physician for same-day treatment. No matter where you decide to treat, visit a physician at minimum within two days.

August 19, 2023

Serious Head Injuries in Miami Pedestrian Accidents

by Gerson & Schwartz, P.A.

Walking is sometimes the most convenient and fastest way to get to your destination in Downtown Miami. However, it is not always the safest. Even when you are not in a motorized vehicle, you are considered a road user and a vulnerable one compared to other drivers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there have already been almost 6,500 pedestrian accidents so far this year statewide. By the end of 2023, there will be up to 730 fatalities and more than 7,900 victims injured while walking.

Unlike other vulnerable road users like motorcycle riders and bicyclists, people do not wear a helmet when on foot. This puts them at risk of serious head injuries in collisions, and the long-term effects can be severe. If you were hurt, it is important to consult with a Miami pedestrian accident lawyer right away. An overview of head injuries and what to do after a crash is also useful.

Common Head Injuries in Accidents

July 15, 2023

Punitive Damages in Florida DUI Accident Claims

by Gerson & Schwartz, P.A.

Despite decades of public safety campaigns on the dangers of drunk driving, statistics indicate that DUI accidents remain a significant problem. The Florida Department of Highway Safety and Motor Vehicle (FLHSMV) reports almost 5,000 crashes involving an impaired driver every year. More than 350 people are killed in these incidents, and another 2,885 suffer injuries in DUI collisions, leading to significant losses for victims and their entire families.

Drunk driving is a crime, and it is charged as a felony in Florida when a person is killed or injured in a DUI accident. If you were hurt or lost a loved one, you may qualify for a special type of damages because of the at-fault party’s outrageously dangerous conduct. Punitive damages may be available in your case, which would increase the amount you can recover if you are eligible. You should discuss details with a Miami DUI accident attorney, but some basics about punitive damages can be informative.

How Punitive Damages Work

June 15, 2023

Why Wear a Motorcycle Helmet Regardless of Florida Law

by Gerson & Schwartz, P.A.

Responsible motorcycle riders in Florida know the law on helmets, so you are aware that the statute is somewhat unusual. There are specific motorcycle helmet requirements based on age, and insurance surprisingly plays a role. A person is prohibited from riding a motorcycle unless they are wearing a motorcycle helmet that complies with federal regulations, and it must include an eye-protective device. However, a person 21 years or older can operate a motorcycle without headgear IF that individual is covered by a $10,000 medical insurance policy to cover injuries.

You could receive a ticket and a hefty fine for violating Florida’s law on motorcycle helmets, but this deterrent is not the only consideration. This headgear and the advanced technology behind it are intended to protect your head, brain, and life. Plus, there are even legal reasons to wear a helmet, which a Miami motorcycle accident lawyer can explain in more detail. A closer look is informative.

Motorcycle Helmets and Fatalities

May 15, 2023

Evidence Needed to Prove a Florida Medical Malpractice Case

by Gerson & Schwartz, P.A.

Like other US states, you have rights under Florida medical malpractice laws if you suffered injuries or other harm at the hands of a health care provider. The state medical negligence statute allows you to recover damages if you can prove that the actions of your physician represent a breach of the relevant standard of care. This standard refers to the level of care and skill that would be considered acceptable and relevant in light of the circumstances surrounding treatment.

Based on this summary of proving med mal, you can see that two important aspects of your case are determining the standard of care and showing how your doctor breached. Meeting this burden requires solid evidence, so it is wise to get help from a Miami medical malpractice lawyer. There are multiple sources that you might rely on to enforce your rights, such as:

Medical Records

April 15, 2023

Mistakes to Avoid When Settling a Miami Truck Accident Claim

by Gerson & Schwartz, P.A.

Truck accidents are responsible for causing massive devastation, injuries, and loss of life when they occur, so it is a blessing to know that they represent a small percentage of the total crashes in Florida. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are approximately 10,100 collisions involving tractor-trailers, semis, 18-wheelers, and other large trucks annually. This figure is just 2.5% of all accidents on Florida roadways, but these incidents are still tragic. Almost 350 people are killed and more than 5,160 are injured in truck crashes every year. Crunching the numbers shows that 55% of all truck collisions lead to at least one casualty.

Fortunately, victims of truck crashes have legal remedies. Many of these cases settle out of court, but it is critical to ensure the agreement is fair. Mistakes with settlement can harm your interests, and one of the biggest errors is trying to negotiate an agreement yourself. Instead of putting your rights at risk, work with a Miami truck accident lawyer to avoid the following pitfalls.

You are still in treatment for your injuries. Beyond the emergency care and immediate treatment, you may be seeing medical specialists and health care providers for months after a truck crash. Therefore, you do not have a total of what your medical care will cost, and these expenses comprise a considerable portion of your compensation.