Miami Accident Lawyer Blog

October 17, 2019

Speeding is a Primary Factor in Miami Car Accidents

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

October 3, 2019

Reasons to Avoid Social Media After a Miami Car Accident

by Gerson & Schwartz, P.A.

Billions of people around the world are active on social media on a regular – sometimes hourly – basis, according to data published by social media intelligence company BrandWatch. There are 2.2 billion users spending an average of 142 minutes per day on such platforms as Facebook, Twitter, Instagram, and others. Based on the popularity of social media and ability to stay in touch with family and friends, it is no surprise that victims of auto collisions often share information regarding their ordeal with their network

Unfortunately, there is such a thing as sharing too much. A Miami car accident attorney can explain in more detail, but you should understand why some of your actions adversely affect your crash claim.

Why Avoiding Social Media is Important

October 1, 2019

How do Miami Personal Injury Attorneys Bill for Legal Fees?

by Gerson & Schwartz, P.A.

Whether you have heard them on TV, the internet, or over the radio, you are definitely familiar with the language in some ads for legal services. You know such promises as:

You do not pay unless you win;
No legal fees until we win your case; and,

September 26, 2019

Notice in Florida Premises Liability Cases

by Gerson & Schwartz, P.A.

If you were hurt because of dangerous conditions on property, your claim falls under a theory called premises liability in Florida. By proving certain facts, you can recover monetary damages for your injuries, including your medical bills, lost wages, pain, suffering, and many other losses. While each element of a premises liability case is equally important, the issue of notice or knowledge of the hazard is one of the most disputed. A property or business owner can use this element to fight your claim, in which case you may not recover any compensation. A Miami premises liability attorney can describe the key legal issues, but you may find it useful to check out the overview below.

Basic Elements of a Premises Liability Case

To succeed in a claim for premises liability, you must prove that:

September 24, 2019

Top Vehicle Safety Features can Prevent Florida Car Accidents

by Gerson & Schwartz, P.A.

Once a vision for the future, self-driving cars are actually not too far away as auto makers continue to test and develop vehicles that could be in every US garage in a few years. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that automated safety technologies have already evolved to stage four within the Five Eras of Safety: Self-parking cars and traffic assist.

Convenience may be an attractive feature for drivers, but the primary focus of these technologies is safety. Automation cannot entirely eliminate the potential for fatal and injury-causing accidents in Miami, but you might look for some of the key accident prevention technologies the next time you are car shopping.

Lane Departure Warning

September 19, 2019

Tips on Dealing with an Insurance Adjuster After a Florida Car Accident

by Gerson & Schwartz, P.A.

Dealing with an insurer’s claims adjuster may be the last thing on your mind after suffering injuries in a Miami auto crash, but you can expect the phone to ring in the days that follow. Though you may view the conversation as an annoyance, keep in mind that it is a necessary part of the process when you are filing an injury claim. Typically, the insurance adjuster will be seeking information regarding fault and the severity of your injuries, so what you say – and DO NOT say – is critical. It is always important to seek the advice of a Miami car accidents attorney before you answer the call, but you may find some tips to be useful.

Be Calm and Courteous

Start things off on the right foot, even if you are angry, anxious, or frustrated. You should stay calm during the conversation and be polite. The person on the other end of the call is just doing his or her job, even if you do have opposing interests in the claim.

September 17, 2019

Proposed Bills May Affect Victims of Florida Truck Accidents

by Gerson & Schwartz, P.A.

Truck accidents are an unfortunate reality in Florida and across the US, as motorists frequently share the road with semis, box trucks, and other commercial vehicles. Based upon the difference in size, it is typically the occupants of the smaller vehicle who will suffer the most severe, potentially catastrophic injuries. However, two pieces of federal legislation recently introduced in Congress seek to reduce the frequency of deadly truck crashes and extend protections for victims. TruckingInfo.com, an online resource for trucking professionals, summarized the details of the measures that raise insurance coverage and require new safety features for trucks.

Both bills remain under consideration, with opponents in the trucking industry decrying the cost and proponents emphasizing the implications for safety. Regardless, even if they both pass, the laws are no guarantee of eliminating crashes. A Miami truck accidents lawyer can assist with your claim if you were hurt, but an overview of the proposed legislation is helpful.

The INSURANCE Act