Miami Accident Lawyer Blog

September 17, 2019

Proposed Bills May Affect Victims of Florida Truck Accidents

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

September 12, 2019

Your Post-Accident Journal as the Victim of a Florida Car Crash

by Gerson & Schwartz, P.A.

Besides hiring a Miami car accident attorney, one of the most important things you can do as the victim of a crash is to start a journal regarding your experiences. You will face considerable challenges in attempting to recover compensation through an insurance claim, since you can expect the adjuster to dispute everything from fault to the nature of your injuries. Having your own documentation enhances your credibility, provides support for damages claim, and helps your lawyer fight for your rights. Plus, a diary can also serve to refresh your memory regarding details you may not be able to recall.

Here are a few items to include when starting your post-accident journal.

Details Regarding the Accident

September 10, 2019

What is New in E-Scooter Liability and Laws

by Gerson & Schwartz, P.A.

Take a stroll through Downtown Miami or other major US cities, and you are bound to see that more people are getting around on a new form of transportation — electric scooters, or e-scooters as they are called by service providers Bird and Lime. These vehicles have been on the streets of Miami since April 2019 under a six-month pilot program, but e-scooters have raised considerable controversy in other locations where they are operating on a more permanent basis. The latest from Consumer Reports reveals that eight people have died and another 1,500 riders have been injured across 47 cities since e-scooter services launched in late 2017.

E-scooter accidents are a relatively new area of law, so it is important to trust a Miami personal injury lawyer to handle the legal details if you were hurt. Meanwhile, there are some important points to note about e-scooter liability.

Safety Measures are Not Enforced

September 5, 2019

The Extreme Nature of Underrides in Florida Truck Accidents

by Gerson & Schwartz, P.A.

Any truck collision can lead to serious injuries due to the size difference between an 18-wheeler and a passenger vehicle, but underride crashes are among the most horrific. An “underride” impact occurs when a smaller car slides underneath a truck’s trailer, often smashing the roof, shearing it off, or penetrating into the cabin. Though the National Highway Traffic Safety Administration (NHTSA) has enacted numerous rules requiring trucks to install preventative safety equipment, these crashes are still a severe threat. They can lead to catastrophic injuries that change the lives of victims forever.

If you were hurt in an underride crash, a Miami truck accident attorney can explain your rights and potential legal options to seek compensation. You may also find some general information to be useful.

What You Should Know About Underride Accidents

September 3, 2019

How to Calculate Pain and Suffering in a Florida Personal Injury Claim

by Gerson & Schwartz, P.A.

The consequences of an injury-causing accident can be extensive, going beyond the costs of medical treatment and lost wages when you cannot work. There are effects for your quality of life, routine, and personal relationships, which could be long-term. You could also suffer emotionally because of your injuries, as depression, difficulty sleeping, anxiety, and other medical conditions are common.

Florida law allows you to recover compensation for these issues, which are commonly referred to as pain and suffering. However, there must be some basis for proving them to receive these amounts as monetary damages. Talk to your Miami personal injury lawyer about the details, and read on for some general information.

Understanding Pain and Suffering

August 29, 2019

Eight Driving Safety Tips to Reduce the Likelihood of Car Accidents in Miami

by Gerson & Schwartz, P.A.

There will always be motor vehicle accidents in Florida, but there are some ways you can reduce the chance that they will happen to you. Safe driving tips go above and beyond following the traffic laws stated in the Official Florida Driver License Handbook, and there is more to avoiding collisions than what you may have learned in driver’s ed.

You can rely on a Miami car accidents lawyer to protect your rights if you are involved in a crash, but check out some recommendations in hopes that you will never be in such a position.

Do Not Drive Drunk or Stoned: Despite enormous public awareness campaigns regarding the dangers, some motorists still take the risk by getting behind the wheel after drinking or using drugs. Never drive after having even just a couple of alcoholic beverages. Call a friend, Uber, or Lyft to get you home safely.

August 27, 2019

Common Personal Injury Cases in Miami That are Not Car Accidents

by Gerson & Schwartz, P.A.

Many people commonly associate personal injury cases with car accidents, and it is true that many of these matters involve collisions. According to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard for 2018, there were more than 646,000 crashes in Miami-Dade County alone.

However, there are many other types of accidents and incidents that lead to serious injuries for victims, many of which could have been avoided. Discuss your situation with a Miami personal injury attorney if you were hurt under any of the following circumstances.

Negligence-Based Claims

August 21, 2019

What is Normal for Soreness After a Miami Car Accident?

by Gerson & Schwartz, P.A.

If you are one of the 2.61 million people injured in motor vehicle accidents every year according to the US Centers for Disease Control and Prevention, chances are you may still be feeling the physical effects. You are probably experiencing some pain and discomfort, and it could be rather severe depending on your injuries. It is common to endure aches and other symptoms, but you may eventually become frustrated with how long they last.

While there is no easy answer, the good news is that you may qualify to recover compensation for your losses, including your lingering pain and suffering. Your Miami car accident attorney will handle the legal issues, but some guidelines may be helpful.

Talk to Your Health Care Provider

August 19, 2019

Crime Statistics and Miami Property Owner Duties Regarding Security

by Gerson & Schwartz, P.A.

Just as any other major metropolitan area, Miami sees its fair share of criminal activity. Neighborhood Scout, an online resource for information about crime, reveals that there have been more than 22,000 criminal incidents so far in 2019 – 3,358 of which involved violent offenses. These figures are derived from multiple sources, including arrests, incident reports, and other databases of criminal statistics.

While this information may be useful when you are searching for a new home, crime statistics may also be key evidence in a negligent security claim if you are injured because of property owner negligence. You can learn the specifics from a Miami premises liability lawyer, but you may also benefit from some general information about these cases.

Overview of Security in Premises Liability Claims

August 16, 2019

What Miami Accident Victims Need to Know About Burn Injuries

by Gerson & Schwartz, P.A.

The American Burn Association reveals that an average of 486,000 people are treated for burn injuries every year, whether in emergency rooms, hospitals, urgent care centers, clinics, or private medical offices. Many of these burns were the result of vehicle crashes, but defective products, dangerous household appliances, and workplace accidents also rank high on the list. Burns are a unique type of injury because they are excruciatingly painful. Plus, scarring and disfigurement can be severe, often leading to psychological issues and emotional distress.

Fortunately, Florida law provides you with rights if you suffered burn injuries in an accident that was not your fault. These claims can be complicated, however, so you will need solid representation from a Miami personal injury attorney. Some general information about burn injuries may also be useful.

Types of Burn Injury