Miami Accident Lawyer Blog

March 21, 2017

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

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.

February 2, 2017

TIMELINE IN A PERSONAL INJURY CLAIM

by Gerson & Schwartz, P.A.

If you have been injured, you are likely wondering what you should do next? Should you speak with an attorney now or later? Should you try and handle the claim on your own? Should you focus on healing and not worry about trying to bring a legal claim in court or at all? You may wonder, how will I pay for medical bills, property damage, lost wages, out of pocket expenses or recover money for pain and suffering after a serious injury? Miami personal injury attorneys help injury victims through injury claims. No matter how you were injured—whether it was in a motor vehicle accident, a slip and fall, or in some other type of incident personal injury claims take time to resolve. Many injury victims don’t understand that amount of information that needs to be processed. From the minute you walk into the law firm office information needs to be gathered. Case facts need to be analyzed. Injuries also can take time to heal and in some cases the long term consequences are not recognized until well after an accident. As personal injury lawyers, our job is to not only understand how an accident occurs, but also how understand how it will affect our clients long term. Is future medical care needed? Are the injuries going to heal on their own? Is the defendant financially viable? There are many in variables to consider after serious accident, injury or death claim.

WHAT SHOULD I EXPECT TO HAPPEN FIRST AFTER AN ACCIDENT

If you have not hired a lawyer yet, you will probably receive calls from insurance companies, investigators or insurance adjusters. These insurance companies will likely try to settle the claim for as little money as possible. If you were in a car accident, the at-fault driver’s insurance company may contact you. If you slipped and fell in a store, the store’s insurance company representative may call you too. As a rule of thumb, if you are injured in Miami, Florida then you should not speak to these insurance companies without the advice or guidance of an reputable accident attorney.

January 24, 2017

What Happens If Your Child is Injured at Daycare?

by Gerson & Schwartz, P.A.

For working parents, daycare is a must. Leaving children in the care of others is scary, especially when babies are only a few months old. Sadly, many children suffer serious injuries or are even killed in daycare facilities. If your child is injured while in daycare, what are your options? Miami personal injury attorneys assist parents and guardians with these difficult claims.

First, as a parent, you understand that some injuries are expected in daycare. Your toddler may bump his head. Your baby may have a bruise if she hits herself in the face with a toy. These incidents are typically harmless and simply part of childhood.

However, more serious injuries should not occur in a daycare facility. Daycare centers have a duty to prevent foreseeable harms to children. For example, a foreseeable harm may include a child falling down a set of steps, or putting his finger in a light socket. Daycare centers must exercise caution that is reasonable and prudent under the circumstances to maintain children’s safety.

January 18, 2017

Premises Liability: Can Property Owners be Liable for Weather-Related Slips and Falls?

by Gerson & Schwartz, P.A.

Can Property Owners be Liable for Weather-Related Slips and Falls?

When most people consider slip and fall claims, they picture a shopper in a grocery store slipping and falling in a puddle of milk. Or, they may picture an individual in a shopping center who trips over merchandise that has fallen into an aisle. However, did you know that property owners may also be liable for slips and falls that are primarily caused by the weather? Miami personal injury attorneys help these individuals recover for their injuries.

For example, consider a clothing store that has linoleum or tile flooring. On a summer afternoon, the sky turns dark and a thunderstorm rolls in. A period of heavy rain lasts for about thirty minutes. After the storm clears, shoppers begin trickling into the store. They carry umbrellas that are dripping wet, and their rain jackets and shoes also spread water on the floor. Employees do not mop the wet floor for an hour, and a man enters the store, slips, falls and breaks his hip. The store is can be legally responsible liable for the man’s injuries if it can be proven that the employees waited an excessive amount of time to mop up the water, or failed to warn of the hazard. If store employees had only waited a short period of time to correct the condition the claim could be more difficult to bring. That is unless, it can be proven that condition was one that happened with regularity that the store was on notice and should have entertained more corrective measures. In other words, the store and or employees did not act in a reasonable manner to remove safeguard the premises from a known hazard.