Miami Accident Lawyer Blog

July 1, 2016

Travel Agent Fraudulently Sold Cruise Vouchers

Fraud and related scams cost Americans around $1.6 billion dollars last year. In 2013, there were in excess of two millions reported cases of fraud. Fraud is also common in Florida. Per the Federal Trade Commission (“FTC”), Florida leads the nation with around 1,000 total complaints per 100,000 people.

Recently, detectives of the Economic Crimes Unit arrested a travel agent, Janet Bender, for seven counts of grand theft. She allegedly sold fraudulent cruise vouchers to customers. Said customers first reported the fraudulent activity in March of 2016. The customers bought their vouchers for a cruise with a stateroom. They paid between $200 and $500 for each voucher. Bender’s customers were requested to pay for the fraudulent vouchers with cash or checks. The customers would then attempt to use their vouchers only to discover that Bender never scheduled their vacations. Bender was arrested at her home and charged with seven counts of grand theft. To date, detectives have identified more than nine victims.

If you, or a loved one, are a victim of a crime in Florida, or on a cruise ship, it is imperative that you hire an experienced attorney for your case. The Miami lawyers at Gerson & Schwartz, PA have the experience and skill needed for your case. Contact our attorneys today at 305-371-6000 or via email at info@gslawusa.com to schedule a FREE consultation.

June 24, 2016

Medical Malpractice and the Statute of Limitations in Florida

by Gerson & Schwartz, P.A.

Medical malpractice occurs when a medical provider, such as a doctor, hospital or clinic, performs an act or omission during the course of treating a patient that deviates from the accepted norms of practice in the medical community, causing injury to the patient. Medical malpractice occurs often here in Florida. It is critical that you are aware that Florida law places a strict deadline on when you may file a lawsuit for a medical malpractice claim.

If you or a loved one is injured at the fault of a medical provider, such as a physician, clinic, or hospital, it is imperative that you hire an experienced medical malpractice attorney. The Florida medical malpractice lawyers at Gerson & Schwartz, PA are here for you! Our attorneys represent medical malpractice victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Applicable Statute of Limitations Period

June 17, 2016

Informed Consent and Medical Malpractice in Florida

by Gerson & Schwartz, P.A.

Despite medical professionals having to endure strict educational and internships requirements before entering the profession, instances of medical malpractices continue to occur across the nation. Per the National Academies, medical malpractice kills more Americans annually than automobile accidents. Countless more victims survive with lifelong disabilities.

As you may know, medical malpractice occurs right here in the sunshine state, too, and in high numbers. As a matter of fact, Florida ranks in the top five states for medical malpractice payouts. As a way of shielding against such claims, medical providers are required to obtain their patients’ informed consent before engaging in a medical procedure. This post is aimed at clarifying this somewhat complex concept.

If you or a loved one is injured at the fault of a medical provider, such as a doctor, hospital, or clinic, it is imperative that you hire an attorney for your case. The Florida medical malpractice lawyers at Gerson & Schwartz, PA are here for you.

June 10, 2016

Robbery in the Sunshine State is Not Rare

by Gerson & Schwartz, P.A.

Here in the sunshine state, criminal cases of robbery are not rare. Thousands of Florida residents are victimized by this dangerous crime. Per Florida Crime Rates, there were 24,914 robberies in the year 2014 alone. According to the Tift County Sheriff’s Office, deputies recently responded to an armed robbery in the area of Thornhill Road and Rainwater Road. The victim of this robbery was a 16-year-old boy who was robbed at gunpoint. $80.00 was taken from him. Before officers arrived at scene, the suspect drove off. He then abandoned his vehicle and fled on foot into the area of Third Street and South Park Avenue.

The young boy in the above case is lucky to have survived this incident. Many people do not. If you or a loved one has been the victim of a crime, contact the Miami, Florida crime victim lawyers of Gerson & Schwartz, PA a FREE consultation. We are available at (877) 475-2905 and at info@gslawusa.com. You will not owe any attorney’s fees unless we collect money on your behalf. Se Habla Español. If you speak another language we will find a way to translate so we can listen and advise.

Robbery Defined

June 3, 2016

Burglary in Florida

by Gerson & Schwartz, P.A.

Oh, the joys of living in Florida! The warm weather, the beaches, the activities, the list goes on. Yet, what we do not want to speak of is Florida’s high burglary rate. Burglary is unfortunately a common crime here in the great state of Florida. In the year 2014 alone, there were 143,220 reported burglaries in Florida! Earlier this week, on Memorial Day, a 40-year-old male, Greg Cruz, was arrested for burglary of a Bradenton church. Mr. Cruz is accused of stealing video and audio equipment from the church. Cruz gained access to the church by breaking through a window.

If you or a loved is a victim of a burglary, it is imperative that you hire an experienced attorney. The crime victim lawyers at Gerson & Schwartz PA have the experience and skill needed to best protect your interests. For more information call us toll free at (877) 475-2905 or contact us online to set up a FREE initial consultation.

Burglary in Florida

May 27, 2016

Fatal DUI Accidents and Wrongful Death in Florida

by Gerson & Schwartz, P.A.

Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge. Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age. Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at (877) 475-2905 or contact us online to set up a FREE initial consultation.

May 20, 2016

Jeep and Train involved in Fatal Accident

by Gerson & Schwartz, P.A.

Railroad companies across this nation have strict rules to follow. Most of the rules serve purposes of safety and protection of motorists and pedestrians. As you may know, sometimes railroad companies do not follow said rules. This can cause fatal accidents. Yet, train passengers and nearby motorists can be injured or even killed by trains even when train companies follow the rules.

For instance, recently in Plant City, Florida, a passenger in a SUV was killed when a train struck the vehicle. This accident occurred at the railroad crossing for Candis Road and Paul Buckman Highway. 19-year-old Bruce Dean drove the vehicle. Mr. Dean, apparently, attempted to beat the train through the intersection. During this failed attempt, the train forcefully smashed into the passenger side of the SUV. The passenger died at the scene. Per statistics, the overall most common cause of railroad accidents occurs at railway crossings. As in the above-mentioned incident, motorists make attempts to beat oncoming trains through the intersection. In actuality, studies find that this type of accident in the United States occurs every 90 minutes.

If you or a loved one is injured from a train accident, at the fault of the railway or train company, it is imperative to hire an experienced personal injury attorney for your case. The Miami personal injury lawyers at Gerson & Schwartz, PA are here for you.

May 13, 2016

Injuries at the Gym

by Gerson & Schwartz, P.A.

Gym memberships have significantly increased in number over the years. In the United States, there are currently 50 million individuals with gym memberships. With the steady increase in the amounts of people flocking to the gym over the years comes the increased risk of gym related injuries. Sometimes the injury is the fault of the gym owner, manager, or even a personal trainer.

If you or a loved one sustains an injury at the fault of another person, it is imperative to retain an experienced attorney. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. Our attorneys represent accident victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Inherent Risk of Injury and Related Laws

May 6, 2016

Credit Card Fraud

by Gerson & Schwartz, P.A.

In short, credit card fraud refers to the theft and fraud committed using or involving a payment card, such as a debit card or credit card, as a fraudulent source of funds during a payment transaction. The motive for such crime may be to obtain goods without paying for them or to obtain unauthorized funds from an account. Credit card fraud is, unfortunately, not as rare as you may think.

Just recently, a Disney cruise ship rescued three people holding on to a capsized boat around 40 miles north of Cuba. It would later be found that the three individuals were attempting to escape credit card fraud charges in the United States. Two of the three had outstanding warrants on federal charges stemming from New Orleans. A warrant was issued for the third suspect. The suspects were trying to flee to the Communist-led Island. As mentioned above, credit card fraud is among the most common forms of scams. Florida-based rings, in essence, clone stolen credit numbers, encode them onto newer credit cards and then the individual will travel the country, making unlawful purchases. They also purchase gift cards at retailers. The gift cards would then be sold, at a discount, for cash. From these acts, several major retailers have lost millions of dollars. The suspects’ credit card fraud scheme involved the use of 28 fraudulent cards.

It is no fun being a victim of credit card fraud. It may certainly lead you to feel helpless. It is imperative that you retain an attorney for your case. The Miami credit card fraud lawyers at Gerson & Schwartz, PA can provide the help you deserve.

April 29, 2016

Bounce Houses Taking Flight

by Gerson & Schwartz, P.A.

Recently, on the beach of Fort Lauderdale, Florida, a young boy was playing in a bounce house when, all of a sudden, 85 miles per hour wind gusts triggered the bounce house to take flight causing the young boy to fall about 20 feet to the sand, breaking his arm. His parents filed a lawsuit against the city and the vendor, All Star Events, for damages. Said lawsuit alleges All Star Events was negligent in the way it assembled and secured the bounce house, failed to warn of the risks, failed to monitor the weather, and its failure to train personnel for emergencies, and other claims. The boy’s parents argue that All Star Events breached its duty of providing a safe environment for guests.

If you or a loved one sustained an injury at the fault of another person, it is imperative that you seek legal representation. Doing so will increase your chances of adequate compensation. The experienced Miami personal injury attorneys at Gerson & Schwartz, PA are here for you. Our attorneys have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 43 years.

Statute of Limitations