Miami Accident Lawyer Blog

May 15, 2023

Evidence Needed to Prove a Florida Medical Malpractice Case

Like other US states, you have rights under Florida medical malpractice laws if you suffered injuries or other harm at the hands of a health care provider. The state medical negligence statute allows you to recover damages if you can prove that the actions of your physician represent a breach of the relevant standard of care. This standard refers to the level of care and skill that would be considered acceptable and relevant in light of the circumstances surrounding treatment.

Based on this summary of proving med mal, you can see that two important aspects of your case are determining the standard of care and showing how your doctor breached. Meeting this burden requires solid evidence, so it is wise to get help from a Miami medical malpractice lawyer. There are multiple sources that you might rely on to enforce your rights, such as:

Medical Records

April 15, 2023

Mistakes to Avoid When Settling a Miami Truck Accident Claim

by Gerson & Schwartz, P.A.

Truck accidents are responsible for causing massive devastation, injuries, and loss of life when they occur, so it is a blessing to know that they represent a small percentage of the total crashes in Florida. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are approximately 10,100 collisions involving tractor-trailers, semis, 18-wheelers, and other large trucks annually. This figure is just 2.5% of all accidents on Florida roadways, but these incidents are still tragic. Almost 350 people are killed and more than 5,160 are injured in truck crashes every year. Crunching the numbers shows that 55% of all truck collisions lead to at least one casualty.

Fortunately, victims of truck crashes have legal remedies. Many of these cases settle out of court, but it is critical to ensure the agreement is fair. Mistakes with settlement can harm your interests, and one of the biggest errors is trying to negotiate an agreement yourself. Instead of putting your rights at risk, work with a Miami truck accident lawyer to avoid the following pitfalls.

You are still in treatment for your injuries. Beyond the emergency care and immediate treatment, you may be seeing medical specialists and health care providers for months after a truck crash. Therefore, you do not have a total of what your medical care will cost, and these expenses comprise a considerable portion of your compensation.

March 15, 2023

Skin Graft Technology Brings Hope for Victims of Burn Injuries

by Gerson & Schwartz, P.A.

Unless you have a medical background, terms like “synthetic acellular dermal regeneration template” and “neodermal formation” do not exactly grab your attention. However, if you are the victim of burn injuries from an accident, the technology described by these terms is definitely significant. The National Institutes of Health (NIH) explains how innovations in skin graft science have increased the treatment options available for those that suffer the most severe burns. Previously, there have been challenges when a victim sustains harm to a large percentage of the body.

With the new technology, burn victims may benefit from a faster time to recovery, reduced risk of infection, and less scarring. There are considerable medical costs involved with these procedures, but they may be covered if you were injured in an accident that was not your fault. A Miami burn injuries lawyer will explain your rights, and an overview of developments with skin graft procedures is useful.

How the Skin Graft Technology Works

February 25, 2023

How Distracted Drivers Create Huge Risk of Motorcycle Accidents in Miami

by Gerson & Schwartz, P.A.

The dangers of distracted driving have been well-known and highly publicized for years, yet statistics indicate that drivers disregard both safety issues and the law. Cell phone use and other risky activities are a particular concern for motorcycle riders, who are not protected by a metal barrier in a collision. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 9,000 motorcycle accidents statewide, leading to almost 600 fatalities. Approximately 2,200 of these incidents take place in South Florida alone.

Researchers have identified three key ways that distracted driving impacts a motorist’s ability to safely operate a vehicle, and each of them is amplified when it comes to sharing the road with motorcycle riders. A Miami motorcycle accident attorney can assist with your legal remedies if you were hurt, as you may qualify to recover compensation for your losses. A summary of the three factors, as they apply to motorcycling, is also helpful.

1. Visibility is Impaired: This first effect on a driver’s abilities is one that already plagues motorcyclists, who are traveling in a vehicle that has a narrow, low profile. Drivers fail to see riders frequently, and their carelessness is exacerbated when they are staring at a phone instead of watching the road. Motorists may stray into other lanes, fail to yield right of way and make erratic turns even after taking their gaze away from traffic for just a moment. Government officials report that looking down at a phone while traveling at 55 mph is like driving the length of a football field while blindfolded.

February 8, 2023

Pre-Suit Filing Requirements for Florida Medical Malpractice Cases

by Gerson & Schwartz, P.A.

Personal injury cases always involve significant investigation activity and numerous tasks before suing in court, but Florida medical malpractice cases take things to another level with pre-suit requirements. At one time, there was a spike in frivolous lawsuits against physicians, prompting lawmakers to enact Florida’s medical negligence statute. The law requires claimants to take certain steps before initiating litigation to ensure that the case actually has merit and can be supported by medical evidence. Failure to comply with the statutory requirements could result in a dismissal of your case.

If you or a loved one was affected by medical negligence, it is wise to get legal representation to manage the complicated tasks. You are up against an insurance company with experienced employees and a skilled legal department, so level the playing field by retaining a Miami medical malpractice lawyer. For some background, you can review the different pre-suit requirements that your attorney will address.

Reasonable Investigation: It is always essential to conduct an investigation and gather detailed evidence for a personal injury, so Florida’s med mal law does not change this strategy. However, it imposes strict rules on the focus of the probe. Your lawyer must make a reasonable investigation as allowed by the circumstances, and the facts need to support a good faith belief that the health care provider was negligent. Medical negligence occurs when a physician deviates from the standard of care that applies to the practitioner and situation.

January 20, 2023

Common Injuries for Victims of Miami Slip and Fall Accidents

by Gerson & Schwartz, P.A.

Unintentional falls are one of the leading causes of death in America, but these incidents are also among the top reasons that people seek medical treatment for accidental injuries. According to the US Centers for Disease Control and Prevention (CDC), more than 6.84 million people head to hospital emergency rooms annually for slip and fall injuries, and many others visit their primary care physicians for treatment. These accidents are usually preventable, so it is a comfort to know that you have legal remedies. Florida law imposes a duty on property owners, and they can be held accountable for failing to keep their spaces safe.

The injuries from a slip and fall can affect your life in ways you did not expect, with financial and emotional losses even beyond the physical pain. A Miami slip and fall attorney will help you pursue a negligent property owner for breach of the duty of care since these cases fall under premises liability concepts. Enforcing your legal rights is important when you realize the extent of your losses.

Common Slip and Fall Injuries

December 20, 2022

Florida’s Statute of Limitations for Child Sexual Assault

by Gerson & Schwartz, P.A.

Sexual assault and sexual abuse of a child are horrific crimes, which is why a recent Florida law gives the criminal justice community an unlimited amount of time to pursue charges. However, victims also have civil remedies for the mistreatment they suffered. Instead of jail time, the point of a civil lawsuit is to compensate the victim for their physical, emotional, and financial losses. In these cases, the deadline is different. The basic Florida statute of limitations for personal injury cases is four years, subject to some exceptions. If you do not file suit within this timeframe, you are barred from recovering damages.

Two key exceptions apply when the wrongdoing is intentional abuse, and the victim is a minor, both of which could be factors in child sexual abuse cases. The nature of the misconduct is criminal and extreme, so victims have additional time on their side to file a lawsuit. A Miami crime victims attorney will guide you through the litigation process, and some information about the different statutes of limitations is useful.

Deadlines for Child Sexual Abuse Civil Cases

November 16, 2022

Reasons Your Florida Pedestrian Accident Claim Was Denied

by Gerson & Schwartz, P.A.

Sharing the road with larger, faster, motorized vehicles is risky when you are on foot, so it will probably not shock you to learn that pedestrian accidents can be devastating. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicate that there are more than 8,560 crashes involving people on foot annually. Of these, almost 37% occur in Broward, Miami-Dade, and Palm Beach Counties. Approximately 220 people are killed in South Florida pedestrian accidents, and thousands more are injured.

Florida traffic crash laws apply to these incidents, and the first step in the process is filing a claim with the at-fault driver’s insurance company. You might expect to fill out some forms and answer a few questions, so you may be surprised to receive a denial. Often, the insurer is justified in rejecting your claim due to mistakes, a situation you can avoid by retaining a Miami pedestrian accident attorney. Your claim may have been denied because:

There Was No Proof of Fault

October 17, 2022

What Causes Jackknife Truck Accidents in Miami?

by Gerson & Schwartz, P.A.

Interstates 95 and 75, the Florida Turnpike, and many other busy highways run through South Florida, and these routes carry heavy traffic from large trucks. Therefore, it is no surprise that crashes involving semis, 18-wheelers, tractor-trailers, and other commercial vehicles are common. According to the Federal Motor Carrier Safety Administration (FMCSA), there are more than 10,000 truck accidents yearly, causing 345 fatalities and injuries to almost 5,200 people.

Though any truck collision can cause serious harm, some types lead to massive destruction.

One of the most horrific scenarios with truck accidents is a jackknife, in which the trailer goes in one direction and the cab heads in the other. The result is an L-shape similar to a jackknife that skids sideways, taking down everything in its path. Florida law provides you with rights if you were hurt or lost a loved one, and a Miami jackknife truck accident attorney will handle the legal process. It is also helpful to understand how these collisions happen.

September 15, 2022

Horrific Wrong Way Crash in Miami Kills Five Victims

by Gerson & Schwartz, P.A.

Several families remain in mourning after five victims were killed in a wrong-way crash in Miami on August 20, 2022, but they may soon see justice for the loss of their loved ones. According to Miami’s Local 10 News Channel, Florida Highway Patrol arrested the at-fault driver as he lay hospitalized for the injuries he sustained. The current charges are five counts of vehicular homicide, though FHP may add counts if it is determined that the man was impaired at the time of the collision. Officials stated that the wrong way accident occurred when the man was heading east in the westbound lanes of Palmetto Expressway around 4:30 a.m. He smashed head-on into a Honda sedan carrying the five victims, who were all pronounced dead at the scene.

After a fatal auto crash, family members typically have remedies under Florida wrongful death laws. However, there are certain factors in this recent collision that could create challenges, so retaining a Miami wrong-way car accident lawyer is essential. It is also helpful to review some information on the causes behind these horrific incidents.

Common Causes of Wrong-Way Auto Collisions