Miami Accident Lawyer Blog

December 11, 2015

Verdict Reached in Florida Woman’s Lawsuit Against Tobacco Company

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.

October 28, 2015

Hit-and-Run Accidents

by Gerson & Schwartz, P.A.

A 27-year-old British man was on vacation in Miami Beach, Florida when his life came to an abrupt and tragic end. The young man was hit by a convertible BMW and died at the scene of the collision. The driver of the car was reportedly operating the vehicle at around 100mph. Immediately after the collision, the at-fault driver got out of the car and fled the scene. Our team of Miami car accident lawyers are outraged by this story. This was such a senseless tragedy and the driver’s decision to leave the scene of the accident only makes the situation worse.

Leaving the Scene of an Accident is Both Morally Wrong and Against the Law

If you hit someone with your car, you have a non-delegable duty to remain at the scene of the accident. It is the right thing to do since the person you hit could have, as exemplified above, life-threatening injuries. Just leaving shows a complete indifference to human life. You also have a legal obligation to remain at the scene. Specifically, Florida Statute § 316.027(2)(a) states:

October 23, 2015

Drinking and Driving Can Be a Deadly Decision

by Gerson & Schwartz, P.A.

Drinking and driving is one of the most irresponsible and reckless decisions an individual can make. The risk of causing a catastrophic collision is so high and the ease of calling a taxi cab or using the Uber app to get a ride home is so easy. Simply put, the risk is not worth the ramifications. Unfortunately, not everyone understands the impact of his or her decisions. A recent example our team of Miami car accident lawyers discovered was the heartbreaking loss of a 10-year-old girl who was killed in an accident caused by an intoxicated driver.

The tragic collision involved a drunk driver who neglected to stop at a stop sign and slammed into the passenger side of a Chevrolet. The 10-year-old girl was sitting in the front passenger seat and died at the scene of the collision.

Drunk Driving Accidents are Preventable

October 16, 2015

In the Blink of an Eye, Everything Can Change

by Gerson & Schwartz, P.A.

A tragic car crash occurred in Miami resulting in the death of one person and serious injuries to seven others. News reports indicate that a vehicle was traveling east on Northwest Seventh Street when a collision occurred at the intersection with 35th Avenue. Two elderly individuals (one of whom passed away later on at the hospital) and six teenagers were involved in this awful wreck. Our team of Miami car accident lawyers are deeply saddened to hear about another preventable car crash in which live were forever changed.

This terrible crash is an example of just how precious life is and the fact that, in the blink of an eye, everything can be turned upside down. Just think, the elderly couple involved in this wreck was simply going about their day. Now, a spouse is dead and the other is left to pick up the pieces.

The six teenagers involved in the crash ranged in age from 17 to 19. Two of the teenagers had to be transported to Jackson Trauma Center due to the severity of their injuries. The students just finished with class at Green Springs High School when the crash occurred, according to 7 News.