Miami Accident Lawyer Blog

June 27, 2017

Motorcycle Accidents in Miami

Recent Miami Motorcycle Accidents

When you are injured in a motorcycle accident in the Miami area, you need an accident lawyer who has experience. The motorcycle accident lawyers at Gerson & Schwartz serve clients with serious and catastrophic injury and death cases. In many injury cases, people injured in motorcycle crashed sustain extremely serious injuries, some of which can even be life threatening. Here are some of the more serious motorcycle accidents that have occurred in recent years in and around Miami. At Gerson & Schwartz, PA our lawyers have over 4 decades of experience in handling motorcycle crash cases for the residents of the greater Miami area. Let us protect your right to compensation so you can focus on healing from your injuries.

Below are some of the more serious motorcycle accidents that have occurred in recent years in and around Miami:

June 19, 2017

Florida Supreme Court Strikes Down Caps on Medical Malpractice Damages

by Gerson & Schwartz, P.A.

For over a decade, Florida patients who were injured by a doctor’s negligence or malpractice have been limited in the amount they could recover in compensation. In medical malpractice lawsuits, injured patients could only recover $500,000 in damages for their pain and suffering, or up to $1 million in cases of catastrophic injuries. Recently, the state’s highest court found that these limits are unconstitutional, opening the door for injured people to recover full compensation for their injuries. Our medical malpractice attorneys in Miami are happy to see that the highest court in the land has ruled against these caps. Not surprisingly, the caps have made it more difficult to access courts and for medical malpratice victims recover for negligent healthcare services.

Broward Case Challenges Law

In 2003, then-Governor Jeb Bush signed into law a piece of legislation meant to protect doctors from the rising costs of practicing medicine. The law aimed to correct what the legislature called a “medical malpractice insurance crisis.” According to the governor and the supporting legislators, the high cost of physicians’ medical malpractice insurance premiums was forcing doctors to either leave Florida to practice in another state or retire from practicing medicine early.

June 11, 2017

Protecting Your Rights after a Miami Car Accident

by Gerson & Schwartz, P.A.

At Gerson & Schwartz, P.A., we are committed to representing the rights of people who have been hurt in motor vehicle crashes. Our Miami car accident lawyers will review your case for free and do not collect any legal fees unless we successfully recover a settlement or award on your behalf.

Whether you will be able compensation (as well as the amount you ultimately do recover) depends in part on the things that you say and do in the hours, days, and weeks after you are hurt in a crash.

Getting hurt in a car accident is not something anyone expects. As a result, many victims are completely in the dark about what they should and should not do after they have been involved in a wreck. Here are some of the steps that you definitely should take after an accident – in our next blog, we will discuss certain things that you should avoid.

June 6, 2017

Boating Accidents in Miami

by Gerson & Schwartz, P.A.

Miami Boating Accidents Often Result in Serious Injuries

At Gerson & Schwartz, P.A., our maritime accident lawyers represent the victims of serious boating accidents and injuries. We understand the complexities of maritime law and know how to hold negligent boat operators, manufacturers, cruise lines, marinas, and others who operate in the recreational boating industry responsible for their actions.

The recent death of Jose Fernandez gained significant attention locally and nationally. Hernandez, who was under the influence of illegal drugs and alcohol crashed his boat into a large group of rocks located on South East side of Government Cut. Accidents like these are preventable and avoidable. Hernandez’s death has resulted in a high profile wrongful death lawsuit. The allegations in that lawsuit filed in Miami Dade County Circuit Court, highlight the many dangers and types of reckless conduct that can result in boat accident fatalities. Our injury lawyers urge all boat operators and passengers to exercise extreme caution this boating season.

May 23, 2017

Car Crashes into Miami-Dunkin Donuts Injuring 5

by Gerson & Schwartz, P.A.

Car accidents can occur in unexpected situations and often without any warning. In many cases, people injured in these types of freak accidents are legally entitled to compensation from the person or party at fault for the accident. At Gerson & Schwartz, P.A., our car accident attorneys are committed to protecting the rights of the injured and work tirelessly to ensure that our clients obtain the full and fair value of their claim as soon as possible.

Diners in a local donut shop recently learned just how unexpected a car accident can be earlier this month when a car crashed through the front of a Miami-Dade donut shop. According to a report published at NBC six people were rushed to the hospital with varying injuries. Witness reported that it appeared that the driver, an older woman, hit the gas instead of the brake.

Obtaining Compensation after a Serious Accident Can Be Complicated

May 22, 2017

Heightened Ship Safety Measures Floated In Congress

by Gerson & Schwartz, P.A.

Cruise ships have the size and populations of smaller American towns and, at times, their problems such as accidents, medical emergencies and crime. Cruise ship accidents and crimes at sea have led to deaths and serious injuries while laws have not mandated adequate law enforcement, emergency services and remedies for passengers and their families. Safety organizations such as the Internationale Cruise Victims and the Florida cruise ship attorneys at Gerson & Schwartz PA have been lobbying for tougher safety measures for the protection of cruise ship passengers.

Now, Congress is taking steps to address this problem and prevent further tragedies with introduction of the Cruise Passenger Protection Act. If passed, the bill would strengthen measures that were imposed in the 2010 Cruise Vessel Security and Safety Act by requiring improved and streamlined crime reporting and video surveillance on ships, mandating better medical standards and public reporting requirements and imposing responsibility on cruise line operators for deaths at sea.

Under the CPPA, families of victims could seek fair compensation following a fatality at sea. If enacted, cruise passengers would finally have the same rights afforded to airline passengers.The bill also addresses the problem of passengers falling overboard. It mandates technology that would capture images and detect a passenger falling overboard. Dealing with crime is an important component of the CPPA. The cruise vessel must notify the FBI of an alleged crime within four hours or before the ship goes out to sea for incidents occurring in port. Offenses involving a U.S. national would have to be reported to this country’s consulate located at the next port of call.

May 2, 2017

Inadequate safety features blamed for cruise ship deaths

by Gerson & Schwartz, P.A.

Cruise ships can offer an idyllic atmosphere and experience for passengers. However, poor shipboard safety and training may turn a dream vacation into the most unwanted nightmare for passengers and their families. The harm from these maritime accidents may be compounded by the antiquated laws that govern cruise ship accidents and fatalities.

An Alabama couple was killed in a cruise ship on the Amazon last April after a fire broke out in their cabin. The deaths may have been prevented if the ship was equipped with its advertised safety devices and the crew was properly trained, according to a Peruvian Navy report.

The fire was attributed to short-circuit in a power strip provided by the ship and connected to a CPAP machine used by the male victim. The flames were confined to their cabin. However, the poor construction and tragedy compounded the fire’s impacted.

April 14, 2017

Slip and Falls on Cruise Ships

by Gerson & Schwartz, P.A.

Did You Fall on Your Cruise?

Imagine one minute you are enjoying a show on your relaxing cruise vacation. The next, you are exiting the theater and suddenly you are lying on the ground in serious pain. This is the experience of one Carnival Cruise passenger who slipped and fell on a wet tile floor just outside a carpeted theater on the ship. Like many cruise ship accidents, this happened when it was least expected.

Slip and falls can cause surprisingly serious injuries. In some cases, you may simply walk away with a bump or bruise. However, many slip and fall accidents can cause the following injuries, among others:

April 1, 2017

Truck Rollover Accident in Davie, Florida

by Gerson & Schwartz, P.A.

Statistics issued by the National Highway Traffic Safety Administration (NHTSA) indicate that an estimated 116,000 people were injured in accidents involving large trucks in 2015. This means that, on average, nearly 318 people were hurt in truck accident every day in the United States.

Large commercial vehicles like semis, 18-wheelers, tanker trucks, and others pose risks to motorists not posed by smaller vehicles. For example, large trucks are much more prone to rollover accidents than smaller vehicles, due to their higher center of gravity. When trucks are involved in rollover accidents, they are impossible to control, often resulting in extremely serious injuries to those around them.

According to a report published by nbcmiami.com, a tractor-trailer ended up on its side after a rollover accident on a ramp from I-595 to the Florida Turnpike in Davie just north of Miami. Fortunately, no one was hurt in the crash, but the incident highlights the fact that these accidents can occur anywhere and without warning.

March 28, 2017

Truck Speed Limiter Rule Has Uncertain Future According to Industry Insiders

by Gerson & Schwartz, P.A.

Large commercial trucks like semis, tankers, and others are common sight on Florida highways and interstates. As any driver with even moderate experience can confirm, the people who drive these vehicles sometimes drive in excess of the posted speed limit and may even engage in driving that makes others nervous or even downright afraid. This should come as no surprise, as long hours on the road and tight schedules often incentivize truck drivers to get to their destinations as quickly as possible.

These feelings are reasonable, as a speeding semi-truck traveling at 70 or 80 miles per hour could easily crush a smaller passenger vehicle, and truck accidents injure tens of thousands of people each year in the United States. In an effort to make our roadways safer, last year the United States Department of Transportation (DOT) proposed equipping all newly manufactured trucks, buses, and multipurpose passenger vehicles with a gross vehicle rating of more than 26,000 pounds with speed limiters that would set their maximum speed at 06, 65 or 68 miles per hour.

Will the Rule Take Effect?