Miami Accident Lawyer Blog

February 21, 2017

Establishing Liability in a Contested Miami Car Accident Case

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.

January 6, 2017

Ft. Lauderdale Airport Shooting. Was this preventable? Is Canadian Airlines Legally Responsible?

by Gerson & Schwartz, P.A.

South Florida’s worst nightmare became a reality shortly after 1 pm January 6, 2017. According to reports, at least 5 people were killed and 8 others were seriously injured after a gunmen opened fire shooting innocent bystanders in Terminal 2 at the Fort Lauderdale airport. Early news reports state that a 20 year old passenger on board a flight from Alaska to Florida had the firearm in his checked luggage. When he arrived to the airport, he was able to retrieve the firearm and then started opening fire. The suspect was apprehended and has been identified as Esteban Santiago. It is unknown what motive played a role.

According to TSA regulations, passengers can transport firearms in a hard locked container. However, the hard containers need to be secured and or locked and the firearm must be declared prior to boarding. Whether or not Santiago was lawfully permitted to own or possess the firearm is unknown. So is whether or not he did in fact check the firearm consistent with TSA regulations on this flight. Obviously, this will all need to be carefully reviewed and investigated.

Personal injury lawyers with experience handling negligent security claims will likely want to know if all of the proper safety and security procedures were followed. If not, this may create legal liability on behalf of the airlines or potential other third parties. It’s still too early to tell what if any negligence may have played a role in this tragedy and if this tragic event could have been prevented, according to the personal injury and crime victims lawyers at Gerson & Schwartz, PA. www.injuryattorneyfla.com (877) 475-2905.

January 3, 2017

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

by Gerson & Schwartz, P.A.

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

With the holiday season and new year 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 auto 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 seriously injured by a drunk driver?

December 12, 2016

Chattanooga, TN Bus Crash Accident and Common Carrier Liability

by Gerson & Schwartz, P.A.

On Monday, November 21, 2016, a school bus carrying 35 students with an adult driver violently crashed into a telephone pole in Chattanooga, TN. The crash killed six children. Twenty-three other children were taken to area hospitals suffering from varying degrees of injuries. The children ranged in ages from kindergarten to fifth grade. There is no doubt that such an occurrence is a parent’s worst nightmare. The exact cause of the crash remains under investigation. Experienced accident attorneys can help hold bus companies and other commercial vehicle owners legally responsible for their actions and help recover money damages if you or a loved one were seriously injured in a Florida school bus crash or a victim of negligence.

Common Carrier Liability Under Florida Law.

Under Florida law, a public bus is considered a common carrier. The “common carrier” doctrine establishes a higher duty of care to transport passengers safely. The law requires a common carrier exercise the highest degree of care, foresight, prudence and diligence reasonably demanded at any given time by the conditions and circumstances then affecting the passenger and the carrier while the contract of carriage is being performed. This heightened duty creates legal liability even in the event of an intentional tort, or premeditated act, so long as the contract of carriage is being performed. While the crash officially remains under investigation, the local police have charged the bus driver with several crimes including motor vehicle homicide and negligent driving. The charges the bus driver faces could be upgraded depending upon the direction the investigation takes. The investigation could lead to a conclusion that the school bus driver acted with deliberate premeditation. Even is this were an intentional act under Florida law, the county would be liable.

December 6, 2016

Miami Construction Accident Attorneys Discuss Scaffold Safety

by Gerson & Schwartz, P.A.

A recent deadly scaffold collapse in Miami reminds construction companies to use caution when erecting and utilizing scaffolding on construction sites. Construction companies use scaffolding frequently. The apparatus is more stable than a ladder and allows workers to move about more freely without worrying too much about losing their balance. However, scaffolding can create a false sense of security on behalf of those employees using it. Considerable attention must be paid to the safety requirements of scaffolds. Failure to do so can result in serious injury and death from collapsing equipment. A construction company may be held liable for the injuries suffered by workers from scaffolding failures. Miami construction accident attorneys with decades of experience will fight to hold construction companies responsible for your injuries or your loved one’s death caused by scaffold collapses.

The recent deadly collapse occurred in Miami in mid-October of 2016. Construction workers set up scaffolding on the outside of a high-rise building. Without warning, the scaffolding failed. The collapsing scaffold cast debris in all directions injuring workers and passers-by alike. The person killed as a result of the collapse died from a heart attack as a result of fleeing from the falling structure. The debris crashed down on a worker’s head who, despite wearing a helmet, suffered a severe laceration to his head. The cause of the accident remains under investigation by the Occupation Safety and Health Administration (OSHA).

OSHA’s primary function is to protect workers from unsafe or unhealthy working conditions. Accordingly, OSHA issued safety standards for scaffolding use. The safety standards impose an obligation on employer and employee alike to make sure that they are using scaffolding appropriately and safely while on the job. The security requirements may seem so obvious that they need not be stated. Notwithstanding, scrupulous adherence to the rules can save lives and prevent injuries.

November 28, 2016

Medicare Fraud Indictment Proves Elders Are Abused In Nursing Homes

by Gerson & Schwartz, P.A.

According to CNBC, the United States Department of Justice (DOJ) uncovered a $1 Billion scheme to defraud Medicare and Medicaid. As a consequence of this investigation the owner of more than 30 Miami-area nursing homes, Philip Esformes, was indicted by a federal grand jury in July of 2016. The DOJ also accused a physician’s assistant and hospital administrator for their role in stealing and laundering money from the federal government since 2009. The depth and breadth of the fraudulent scheme shows how elders and the infirm are at the mercy of unscrupulous health care providers. Miami personal injury attorneys who have experience recovering damages for injuries and abuse in nursing homes will fight to protect your loved one in a nursing home or long-term care facility.

The DOJ alleges that Esformes, with assistance from the other individuals involved, bilked the faltering health care system to fund a ridiculously lavish lifestyle. All at the expense of some of our most vulnerable people in our community: the elderly and the poor. Prosecutors alleged that Esformes subjected his residents to unnecessary medical treatments so that he could bill Medicare for the treatment. Additionally, and perhaps most egregiously, Esformes allegedly drugged some of his patients with prescription narcotics. The over prescription of narcotics renders the patient incapable of weaning themselves off of the drug. As a result, the patient remained bound to the facility because they were addicted to the painkilling drugs. Prosecutors referred to this abuse as a “cycle of fraud.”

Local law enforcement authorities are aware of the problem. The United States Attorney for the Southern District of Florida, which represents the Miami-area, indicated that the South Florida area is replete with Medicare and Medicaid fraud. Consequently, law enforcement is paying close attention to facilities in the hopes of preventing this type of wide-spread fraud in the future.