Miami Accident Lawyer Blog

August 14, 2017

Venus Williams Case Demonstrates the Tragic Consequences of Driving

Fatal car accidents occur on the roads of Miami every day. Even when an accident was not caused by drunk driving, or texting while driving, or other behaviors which pose an obvious risk, it can still permanently change the lives of everyone involved. This is a lesson which tennis star Venus Williams is learning the hard way. Miami area residents and visitors have long trusted Gerson & Schwartz to protect their legal rights after any car accident. Gerson and Schwatz, PA employ some of the best car accident attorneys in Miami, Florida when it comes to negotiating and litigating injury claims arising from car, truck or motorcycle accidents, and many other types of personal injuries.

A Simple Accident That Changed Lives Forever

On June 9, 2017, Venus Williams was driving near her home in Palm Beach Gardens. She entered an intersection on a green light but was stuck in the intersection after the light turned red, due to stopped traffic ahead of her. Linda Barson, driving the opposite direction, drove through her green light into the intersection, where she collided with Williams’ sport utility vehicle. Witnesses initially told investigators that Williams ran the red light., Body camera footage from a responding officer showed him telling her that she had the right of way when she entered the intersection, but lost it when the light turned red. He declined to issue her a traffic citation because she “got stuck in a bad situation” and he felt she should “let the insurance companies work it out”. Barson suffered minor injuries, and her husband – a passenger in the vehicle – was initially conscious but disoriented. After fourteen days in the hospital, he died of internal bleeding, a fractured spine, and massive internal organ damage.

August 7, 2017

Wrong Way Driver Sentenced to Seven Years in Prison

by Gerson & Schwartz, P.A.

Too often, negligent drivers fail to appreciate the severity of their actions. This is a lesson which one young Miami resident learned the hard way. Franklin Chavez, a twenty-four-year-old massage therapist, was sentenced to seven years in prison and eight years on probation for causing an accident which killed a young medical student and crippled her brother.

A Fun Night Turned Nightmare

The accident caused by Franklin Chavez occurred in December 2015. He began his evening by joining his Crossfit friends at a bar. Later, he went to another bar, where he was believed to have been drinking through the night. At 5:22 a.m., Chavez was traveling the wrong way on the I-95. His Toyota Yaris did not have its lights on. He slammed into a vehicle driven by Elisa Diaz at over seventy miles per hour. Diaz’ children, Carmen and Bryan Criales, were passengers. Twenty-three-year-old Carmen, a medical student, was killed on impact. The force of the collision was so violent that her body could not be removed from the vehicle on the scene. Bryan and Elisa were taken to a hospital in critical condition. Elisa was forced to miss her daughter’s funeral, and Bryan was confined to a wheelchair. He no longer has the ability to speak.

July 18, 2017

Ambulance Chasers: What To Do If You Are Contacted By A Case Runner

by Gerson & Schwartz, P.A.

Attorneys, especially personal injury lawyers, often suffer from a bad reputation among the general public. One of the most ubiquitous stereotypes about the profession is that of the “ambulance chaser.” The term brings to mind an image of a sleazy attorney in a bad suit hoping to make a fee by following an ambulance to the hospital and harassing the family of an injured person while their loved one lays in a hospital bed.

The vast majority of attorneys work hard to combat these negative and outdated stereotypes of the legal profession. Unfortunately, there are still a few lawyers and legal professionals practicing today who continue to give attorneys a bad name. At Gerson & Schwartz, P.A., our Miami car accident lawyers work hard to give clients the best legal representation possible, without the high-pressure sales tactics that lead to unfair characteristics of the legal profession.

Ambulance Chasing Is Illegal

June 27, 2017

Motorcycle Accidents in Miami

by Gerson & Schwartz, P.A.

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.