Miami Accident Lawyer Blog

April 14, 2017

Slip and Falls on Cruise Ships

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?

March 21, 2017

Recovering for Medical Bills after Being Hit by a Drunk Driver in Miami

by Gerson & Schwartz, P.A.

With the holiday season upon us, we will unfortunately notice a rise in drunk driving accidents. The National Highway Traffic Safety Administration has previously reported that on average, there are 36 fatalities every day in the United States that are attributed to drunk driving. During the Christmas holidays, there are 45 per day, and during the New Year holiday, there are 54 per day. Snowy, icy weather in many parts of the country, coupled with champagne toasts, eggnog, and other holiday beverages contribute to the high number of drunk driving accidents that are reported this time of year. In addition, longer periods of darkness in the winter create lower visibility, which also leads to many accidents. Miami personal injury attorneys help victims of drunk driving accidents recover monetary damages for the harm they have suffered.

What happens if you are hit by a drunk driver, or worse, if a loved one is killed by a drunk driver?In addition to criminal charges, civil claims may also be filed against the at fault driver. Injured parties may seek numerous types of damages from a drunk driver. With the assistance of a Miami drunk driving injury attorney, these victims may be able to recover for their medical bills, lost wages, pain and suffering, and other types of damages. For example, if you had to build a wheelchair ramp on your home while you recovered, you may be able to recover for the cost of this addition as well. Essentially, you may claim any and all damages that stem from a drunk driving accident in a civil suit.

First, your injury attorney will attempt to negotiate a settlement with the drunk driver’s insurance company. However, in most cases, the insurance company will not settle for a reasonable amount. Your injury attorney’s job is to protect your legal interests, so your attorney will advise you to reject any settlement offers that do not adequately compensate you. If the insurance company refuses to offer or accept a reasonable settlement proposal, a lawsuit may need to be filed.

March 14, 2017

Traumatic Brain Injuries Occur in a Variety of Accidents

by Gerson & Schwartz, P.A.

Traumatic Brain Injuries (TBIs) affect some 1.8 million people each year, according to data published by the Centers for Disease Control and Prevention (CDC). These injuries occur when a jolt or blow to the head causes injury to the brain resulting in a disruption in normal brain function. Some of the issues that people who sustain TBIs can experience for weeks, months, or even years after an accident include headaches, sensitivity to light and sound, problems with speech and communication, trouble concentrating, and difficulty with problem solving. Our attorneys specialize representing the catastrophically injured due to the negligent, reckless, or intentional acts of third parties.

While many people assume that traumatic brain injuries can only be caused be serious accidents, they actually can be (and often are) caused by everyday incidents that you would ordinarily not associate with serious injuries. Some common examples of accidents that fall into this category are discussed below.

Slip and Falls

March 6, 2017

Families of Men Killed with Marlins Pitcher Sue Estate For Negligence

by Gerson & Schwartz, P.A.

Last September, an early morning boat crash claimed the life of Miami Marlins pitcher Jose Fernandez and his two companions, Eduardo Rivero and Emilio Jesus Macias. The crash happened when the pitching ace’s boat ran aground into a stone jetty between PortMiami and the open ocean. Families of the two men killed with Fernandez recently filed personal injury and wrongful death lawsuits against his estate, claiming that the baseball player’s negligence led to the men’s deaths.

When careless or reckless behavior causes an injury or a death, whoever caused the accident or injury can be held responsible for paying damages in civil court—even if that person did not survive the same accident. If your loved one was killed because of someone else’s negligence, our experienced Miami wrongful death attorneys can help.

Mystery Surrounds Crash

February 27, 2017

Three Signs Your Miami Slip and Fall was the Result of Negligence

by Gerson & Schwartz, P.A.

Three Signs Your Miami Slip and Fall was the Result of Negligence

Slip and fall accidents are consistently among the most common causes of accidental injury in the Miami area. They can occur anywhere, including schools, malls, grocery stores, gas stations, and even on the sidewalk. While many people believe that slips, trips, or falls are usually minor accidents, these accidents can actually cause extremely serious injuries, broken bones, soft tissue injuries, and even traumatic brain injuries,spinal cord injuries. The National Floor Safety Institute indicates that slip and fall accidents are responsible for more than 1 million emergency department visits each year.

If you have been hurt in a slip and fall accident that occurred on someone else’s property, we have some good news: if you can show that your accident was the result of negligence, you may be able to recover compensation for your losses so contacting a Miami slip and fall lawyer is a good idea. Such losses include your medical bills, lost income, loss of quality of life, and physical and emotional pain and suffering.

February 27, 2017

Shot in a Donut Shop: Suing for Negligence After a Firearms Accident

by Gerson & Schwartz, P.A.

For many people, the day doesn’t really start until they have had their morning coffee. Usually, the worst thing that happens while trying to get a caffeine fix is that the line at the coffee shop is too long. For one South Florida woman, her morning coffee stop ended in a trip to the hospital after she was accidentally shot by another patron’s firearm.

When a gun owner fails to follow proper gun safety protocols, he or she can be liable for any injuries that occur. If you have been injured by an act of negligence, a Miami personal injury attorney can help you get the compensation you need to recover from your injuries.

Gun Owner Negligence Can Lead to Civil Lawsuits

February 21, 2017

Establishing Liability in a Contested Miami Car Accident Case

by Gerson & Schwartz, P.A.

In the vast majority of car accident cases, liability is not contested. This generally means that is perfectly clear who caused the accident and the only issue that needs to be addressed is the amount of money the at-fault party (or his or her insurer) will pay the victim. Unless there is a significant disagreement as to the amount of damages, the case may settle without either party needing to set foot in a court room. But what about auto, car and motor vehicle accident cases in which liability is not obvious or is disputed? How does a car accident victim prove another person was legally at fault for their accident? In these cases, obtaining financial recovery becomes significantly more complicated. Below is some information about how liability can be established in a contested car accident case. Of course, in under these circumstances, its always a good idea to hire a car accident lawyer in Miami . Below are some of the evidence your personal injury lawyer will need to help prove your legal claim.

Showing Fault Can Require Significant Investigation

Generally speaking, proving that the other party was at fault for an accident requires gathering evidence of his or her negligence. Under Florida law, negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person in the same or similar circumstances. In the context of a auto, car or motor vehicle accident case, negligence can take many forms, including speeding, distracted driving, failure to signal a turn or lane change, or drunk driving.

February 3, 2017

Be on The Lookout for Drunk Drivers on Super Bowl Sunday

by Gerson & Schwartz, P.A.

This Sunday, millions of Americans will watch the New England Patriots take on the Atlanta Falcons in Super Bowl LI in Houston, Texas. For many football fans, Super Bowl Sunday has become an unofficial holiday, full of friends, food, and, sometimes, the over consumption of beer, wine, or liquor.

Unfortunately, drunk driving accidents tend to spike around events that involve the consumption of alcohol, and Super Bowl Sunday is no exception. In fact, an article published in Forbes calls Super Bowl Sunday one of the “biggest drinking days of the year.” As a result, if you plan to be out and about this Sunday, you should take certain steps to protect yourself from involvement with a drunk driving accident, including the following: Our Miami Car Accident lawyers have some advice.

Make Sure You are Alert and Aware – if you are looking to avoid an accident with a drunk driver, one of the easiest steps you can take is to abstain from alcohol yourself. Recent research has indicated that even blood alcohol content levels under the legal limit of .08 percent can have an impact on your reaction time and have a sedative effect.