Miami Accident Lawyer Blog

January 1, 2016

Five Killed in 1-95 Crash in Miami Gardens

In late December five people were killed in a car accident on 1-95 in northern Miami-Dade County when a woman traveled the wrong way down the opposite lane and crashed into a sedan carrying four people. The woman was driving southbound in the northbound lane when she struck the sedan, killing all four people in the car. Two of the passengers were not wearing seatbelts and were ejected from the vehicle. Both vehicles were moving at a high rate of speed and collided head on. Two more people were sent to the hospital in critical condition.

The four people inside the sedan were family members getting together for the holidays. Jose Martin Labrador, 52, and Gisela Gil-Egui, 48, were husband and wife and both worked at local colleges. Labrador was the director of education technology at Housatonic Community College and Gil-Egui was a professor of communications at Fairfield University.

If you were injured or lost a loved one in a car accident, contact an experienced Miami Car Accident Attorney.

December 25, 2015

Two People Dead in Florida Plane Crash

by Gerson & Schwartz, P.A.

Two people died in Madison County, Florida from a plane crash. WCTV reported that 32-year-old James Swiggart and 18-year-old Maitland Harvey, who were cousins, both died in the crash. They were flying from Ocala to Tallahassee in an experimental RV-4 plane and lost contact with air traffic controllers before the crash. If you lost a loved one in a plane accident, contact a Miami Wrongful Death Attorney.

The crash occurred in a heavily wooded area and it took authorities a long time to both locate and reach the crash site. There were no witnesses of the crash, although some area residents reported hearing a noise.

Swiggart was a navy pilot although the plane he was operating was a personal aircraft. The National Transportation Safety Board has launched an investigation into the crash.

December 18, 2015

What You Should Know Before Filing a Medical Malpractice Suit

by Gerson & Schwartz, P.A.

Opened First Aid Kit

If you were injured as a result of the negligence of a doctor or other medical professional, you may be able file a medical malpractice lawsuit to receive compensation for your injuries. While the damages you can receive can be substantial, the actual legal process is fraught with red tape and complications designed to discourage people from pursuing this type of litigation. While the hurdles are numerous, you deserve compensation for the many complications that result from medical malpractice and should seek all legal remedies. If you were injured or lost a loved one due to medical malpractice, contact a Miami Medical Malpractice Attorney today.

Statute of Limitations

December 11, 2015

Verdict Reached in Florida Woman’s Lawsuit Against Tobacco Company

by Gerson & Schwartz, P.A.

In December, a Gadsen County jury reached a decision to award $11 million to a woman suing R.J. Reynolds Tobacco company. The woman claimed that she contracted throat cancer from smoking their cigarettes. Although the $11 million figure may be reduced by the judge because the woman can be considered partially at fault, this case represents a huge victory for those suffering from nicotine addiction. If you have gotten sick or lost a loved one from tobacco product consider contacting a Miami Product Liability Attorney.

This case was argued in court as a product liability case. The 71-year-old woman’s attorney alleged that R.J. Reynolds was selling a defective product even though it was perfectly legal. The nicotine in the cigarettes caused the woman to become addicted reducing her fault for not being able to quit and prevent the cancer. The woman began smoking when she was just 14 years old.

The tobacco company’s lawyers argued that the woman was a willing smoker and not the picture of a hopeless addict she was portraying to the court. They also claimed that her cancer was not even caused by the cigarettes, but by the Human Papillomavirus, which at times is known to lead to cancer. The jury clearly did not buy the tobacco company’s arguments and decided instead to punish them heavily for selling such a dangerous product.

December 4, 2015

Florida Nation’s Leader in Work-Related Deaths

by Gerson & Schwartz, P.A.

The state of Florida has a serious work-related death problem, the causes of which are not entirely clear. With 221 deaths in 2014, Florida has the second highest rate of work-related deaths in the country based on population behind only Texas. Florida consistently ranks in the top three each year. If you had a loved one killed in a work-related incident, do not hesitate to contact a Miami Wrongful Death Attorney.

The Bureau of Labor Statistics reported that construction, transportation and warehousing, and administrative and waste services were the industries with the highest fatality rates in the state of Florida and nationwide.

Some of these work-related deaths were gruesome, such as one man being pulled into a wood chipper and another being buried alive at a construction site. But most work-related deaths could have been prevented if companies better adhered to standards and regulations set by the federal Occupational Safety and Health Administration. According to OSHA, the actual number of work-related deaths are probably much higher than the number reported because these figures do not take into account deaths due to long term, slow acting factors such as exposure to pesticides and other hazardous chemicals in the workplace.

November 27, 2015

Florida to Install Fences Around Train Tracks After Two Fatal Accidents this Month

by Gerson & Schwartz, P.A.

The Florida Department of Transportation is planning to install fences around Amtrak train tracks in Seminole County after the death of two pedestrians in November. FDOT anticipates spending $300,000 to place a 6-foot high chain link fence around four miles of tracks that pedestrians commonly cross. The two separate incidents that instigated the fence project occurred when a pedestrian crossed the tracks and was struck by the train. If you were injured or lost a loved one in a railroad accident contact a Miami Railroad Accident Attorney.

The first fatal incident occurred in downtown Orlando when a man crossed the tracks in broad daylight. Despite the conductor’s best efforts at attempting to stop the train, the train struck and killed the man on the tracks. The Orlando police describe the incident as an apparent suicide.

The second death happened in Altamonte Springs, a town north of Orlando, when a woman crossed the tracks at night and was killed by an Amtrak train. Police are still investigating the matter and the cause of the accident has not yet been determined.

November 20, 2015

Fourth Settlement Reached Over Negligent Security in Apartment Shootings

by Gerson & Schwartz, P.A.

In November a Miami apartment complex settled its fourth negligent security case in four months. The 9-year-old son of a man shot in April was awarded $1.45 million because the apartment failed to provide adequate security precautions for its residents. If you have been injured or had a loved one killed on a premise with negligent security, contact a Miami Negligent Security Attorney.

This newest settlement was shortly preceded by three other settlements of three men who were shot at a Super Bowl party in the complex and one of the men was killed. The two surviving men and the family of the decedent received a combined $2.4 million settlement.

The lawyer of the case found that the apartment complex owners did not hire security guards or off-duty police officers to patrol the building, there were no security cameras, insufficient lighting and one of the gates meant to restrict access to the complex was missing. These are all serious blunders by the apartment administration that could have made it easier for shooters to gain access to the complex.

November 13, 2015

Passenger Killed in Miami High Speed Collision

by Gerson & Schwartz, P.A.

In the early morning following Halloween night, a driver lost control of a Chevy Camaro at a “high rate of speed” and veered into oncoming traffic, said the Traffic Homicide Unit for the Miami-Dade Police Department. The Camaro collided with a Dodge Charger causing one of the Camaro’s passengers to be ejected through the front windshield. The ejected passenger was pronounced dead on the scene. The remaining three people inside the Camaro and the driver of the Charger were taken to the hospital and are currently in stable condition.

If you or a loved one was injured or killed in motor vehicle accident contact a Miami Car Accidents Lawyer today.

The accident, occurring at the 5000-block of N.W. 32nd Avenue, was tragic on all accounts. Although Miami police are still investigating the exact causes of the accident, it does appear that the driver was likely driving over the speed limit and is likely at fault for the wreck. Drugs and alcohol have not been ruled out as contributing to the accident.

November 6, 2015

Florida Car Accident Instigates Federal Tire Recall Investigation

by Gerson & Schwartz, P.A.

When someone is injured or killed in an auto accident, the driver is usually responsible. But blame could also rest in the hands of the manufacturers and even the legal system designed to keep defective vehicle parts off the road.

In October, the National Transportation Safety Board announced that the system to recall defective tires is broken and ineffective. The investigation was launched in response to an auto accident in Florida involving a van equipped with defective tires that left two people dead and eight others injured. Neither the owner of the van nor its mechanics were aware the tires had been recalled.

According to the NTSB, there are 33,000 accidents in the U.S. each year due to defective tires, and even when tires get recalled, most drivers are unaware. Having defective tires can result in you being held responsible for the damages in an auto accident.

October 30, 2015

Three Important Questions to Ask Your Miami Personal Injury Lawyer

by Gerson & Schwartz, P.A.

You are driving on Coral Way in Miami when another driver slams into the back of your vehicle. The entire rear end of your car is damaged and will need extensive repairs. In addition, you suffer serious injuries including a sprained shoulder, fractured wrist, and whiplash. You decide you want to hire an attorney. Our team of experienced Miami car accident lawyers want to be sure you are prepared for this meeting. Below are some important questions you should ask a lawyer during a free, initial consultation:

How Long Do I Have to Take Legal Action?

This is an important question to have the answer to since every civil claim is governed by a statute of limitations. A statute of limitations is an arbitrary time limit established by a state legislature providing a window of time for you to take legal action against an alleged at-fault party. Statutes of limitations vary state by state and by the injury you suffered. The statute of limitations also changes based upon the party you are taking action against. This means there may only be a short time to file a lawsuit, depending on who you are filing the suit against. If you fail to file a personal injury or wrongful death lawsuit before the statute of limitations expires, you may be barred from pursuing a financial recovery for your injuries.