Miami Accident Lawyer Blog

August 2, 2019

How Comparative Negligence Works in Miami Personal Injury Cases

You may not be surprised to learn that accidents are the top reason that people in Miami and throughout the US visit the emergency rooms. The US Centers for Disease Control and Prevention reports that unintentional falls accounted for almost 8.6 million nonfatal injuries and motor vehicle crashes caused harm to more than 2.5 million people in 2017.

What may come as a surprise is that, though many of these victims had rights under Florida personal injury laws, there are laws that may place limitations on recovering compensation. This is due to state law regarding comparative fault, which may apply in your case if you are injured in an accident. You should discuss your circumstances with a Miami personal injury attorney, but read on for some important information.

Legal Basis for Personal Injury Claims

July 31, 2019

Reasons Insurers Reject Miami Car Accident Claims

by Gerson & Schwartz, P.A.

When you are hurt in a Miami auto collision, your first step in seeking compensation for your losses is to file a claim with the responsible driver’s insurance company. Like many victims, you might expect the process to be clear and simple — complete the necessary forms, send them to the insurer, and wait to receive payment. You may be shocked and dismayed when the response is an outright rejection of what you believe is a valid, legitimate claim.

Though it may provide seemingly valid reasons for a denial, the primary motivation of the insurance company is to look out for its own interests. Your claim is a threat to profits, so the insurer will seek any possible reason to reject or make a low counteroffer to resolve your claim. Do not put your rights at risk by accepting anything less than what is fair and reasonable to compensate you for your losses. With help from a Miami car accident attorney, you can recover the highest amount of compensation allowed by law – even when the insurance company responds to with any of these excuses.

You Delayed Filing Your Claim: It is true that Florida has a four-year statute of limitations on motor vehicle crashes based upon negligence, but this time period refers to filing a lawsuit in civil court. You should file a claim with the responsible driver’s insurance company as soon as possible after an accident. When you wait, key evidence may be unavailable and your recollection about the collision will become foggy.

July 29, 2019

Mediation in a Miami Personal Injury Case

by Gerson & Schwartz, P.A.

If you were hurt in an accident and have exhausted settlement negotiations with the responsible person’s insurance company, the next step is filing a lawsuit in court. As part of the proceedings, you may be required to engage in a process called mediation, so it is important to understand what to expect. Your Miami personal injury lawyer can explain mediation and will be at your side to ensure the protection of your legal rights. However, some answers to common questions about mediation may provide a helpful overview.

What is Mediation?

In sum, mediation is an informal hearing during which the parties sit down with a mediation professional who attempts to guide them toward compromise in a personal injury case. The mediator is an impartial, neutral party who is specially trained to encourage productive conversations and effective communication. Through these efforts, the parties are often able to resolve differences and come to a mutually acceptable settlement regarding compensation.

July 26, 2019

Florida is #1 in US for Fatal Bicycle Accidents

by Gerson & Schwartz, P.A.

The pleasant South Florida weather means it is possible to head out for a bike ride any time of year, but data reported by the National Highway Traffic Safety Administration are cause for alarm. Key statistics include:

There were 783 bicycle riders killed in the US in 2017. Of these, 125 victims were involved in incidents that occurred in Florida.
In the majority of fatal bicycle accidents, the victim was killed because a driver failed to yield right of way to the bicycle rider.

July 24, 2019

Stop on Red Week in August: Florida Tops the List for Most Dangerous

by Gerson & Schwartz, P.A.

The Florida Department of Transportation (FDOT) hosts various events and initiatives throughout the year to promote safety on the state’s roads, and the upcoming “Stop on Red” Week will highlight the importance of obeying traffic signals. Starting August 4 – 10, 2019, FDOT will be posting helpful articles and tips on social media to remind drivers of the laws intended to prevent fatal and injury-causing accidents.

Stop on Red Week has been successful throughout the US in raising awareness, but there are still drivers who intentionally or carelessly run through red lights. If you were hurt in a red light crash, you should consult with a Florida car accident attorney regarding your rights. You can also read on for an overview of the main points of the red light initiative.

Why Red-Light Runners Create Significant Risks

July 22, 2019

Negligent Security can Lead to Severe Injuries for Florida Victims

by Gerson & Schwartz, P.A.

Chances are that you know what a “slip and fall” accident is, but you may not be familiar with the legal concept behind it. In Florida, these cases are based upon premises liability, which imposes a duty upon property owners to keep their spaces reasonably safe for others. The duty applies to stores, restaurants, apartment buildings, office complexes, theme parks, and many other types of businesses. When those in control of these spaces fail in their legal obligation, a guest or visitor may slip and fall – hence the colloquial term for these claims.

However, there are many other ways a property owner may fail in the duty to maintain safe premises. For instance, the responsible party may not take proper measures to provide security. You can trust a Florida premises liability attorney to provide personalized information regarding your circumstances, but it may help to review some answers to frequently asked questions about negligent security.

What does “negligent security” mean?

July 19, 2019

“Walkable” Miami, FL is Still Hazardous for Pedestrians

by Gerson & Schwartz, P.A.

For anyone who enjoys getting around the city, Miami’s WalkScore of 79 out of 100 points should come as no surprise. The year-round warm climate, spectacular water views, and luxurious beaches offer plenty of reasons to walk and enjoy the outdoors. Plus, the mayor closes major roadways to motor vehicle traffic once a month, allowing pedestrians and bicyclists to take to the streets.

Of course, there can be a downside to foot-based transportation. Pedestrians are at risk of serious injuries when motorists are careless behind the wheel. Fortunately, state law provides you with rights as a victim, and a Florida pedestrian accident lawyer can help protect them. In addition, you may find it useful to review some general information about these cases.

Common Causes of Pedestrian Accidents

July 17, 2019

Uber and Lyft Accidents in Florida: What Victims Need to Know

by Gerson & Schwartz, P.A.

There is no question that getting around town by Uber, Lyft, or other rideshare is convenient, but that does not make it safer. Any vehicle on the roadway is at risk of an accident, including those that are part of a “transportation network company” (TNC), as these services are defined by Florida law. The same statute also regulates the operations of TNCs and provides certain requirements for insurance purposes in the event of the accident. It is good to know that you are covered in an Uber/Lyft crash that was not your fault, but the legislative landscape does make these matters more complex than a typical collision. You should discuss your circumstances with a Florida car accident attorney.

TNCs and Insurance Requirements in Florida

As of January 2017, Florida made certain insurance coverages required for TNCs and the drivers who use their digital services to provide ridesharing services. The insurance must cover the TNC driver as follows:

July 15, 2019

When is Florida’s Workers’ Comp NOT the Sole Remedy in a Construction Accident?

by Gerson & Schwartz, P.A.

As a construction worker, you know how dangerous and constantly changing your work environment can be. This industry is one of the most hazardous in the US, as the Bureau of Labor Statistics consistently ranks it in the top three for most nonfatal injuries and in days away from work. Fortunately, Florida’s workers’ compensation system protects construction workers who are hurt in on-the-job accidents.

However, there is one aspect of state workers’ comp laws that is unfamiliar to many employees, termed “exclusiveness of liability” under the Florida statute. In short, it means your workers’ comp benefits are your sold remedy and you are limited in terms of what you can recover – unless you qualify for one of the exceptions. A Florida construction accidents lawyer can explain in more detail about scenarios where you may be able to file a lawsuit for your losses.

Overview of Workers’ Compensation Laws in Florida

July 12, 2019

Largest Children’s Product Recalls so Far in 2019

by Gerson & Schwartz, P.A.

Now that 2019 is more than half over, parents may find it helpful to review some of the top children’s products that have been recalled due to dangerous defects and safety hazards. The Consumer Product Safety Commission Recall List includes a wide array of items, but clothing, toys, and other products dedicated for use by children are especially concerning because of the vulnerability of the end user. Children are typically unable to recognize flaws in the design or manufacturing process, and they may not appreciate the inherent risks involved with certain products.

If your child suffered injuries because of a recalled product or any other consumer item, you should discuss your legal remedies with a Florida products liability attorney. An overview of the top children’s product recalls for the first half of 2019 may also be helpful.

Kids II Rocking Sleepers: This recall is seriously troubling both in terms of the number of affected units and the extreme risk to children. All 694,000 of these units were recalled in April 2019 after five babies died and dozens more were injured because of a defect in the design of the sleeper. According to reports, the infant victims rolled from their backs onto their stomachs, causing the sleeper to topple. The recall instructions directed parents to immediately cease use and contact the manufacturer for a full refund.