Miami Accident Lawyer Blog

December 19, 2014

Upcoming Workers’ Compensation Decision Could Have Effects on Access to Courts for all Injured Victims

If you have been injured as a result of someone else’s negligence, it’s likely that you can find an attorney to take your case, regardless of your financial situation. That’s because unlike many areas, in personal injury, attorneys are often paid on contingency. That means that you don’t pay them until and unless you win or settle your case.

Contingency fee arrangements serve an important role for Florida consumers—they ensure access to courts. Someone who is injured does not have to worry about paying $100-$400 per hour for a qualified attorney, ensuring that even those with limited financial means can still hire the best attorneys in the state to represent them.

But an upcoming Florida Supreme Court case could put this fee system in jeopardy. It’s a case that Florida consumers should take an interest in.

December 17, 2014

Bad Faith Insurance Settlement Language Shouldn’t be Ignored

by Gerson & Schwartz, P.A.

If you are in an accident, and sue for your injuries, your case may not get to trial. In fact, few do. Many settle out of court, and when they do, there are settlement agreements to consider. In many cases, a settlement agreement may be exchanged early in the lawsuit process. Injury victims should be aware of what could happen if offers to settle injury lawsuits are exchanged before a lawsuit is actually filed.

A new case, Thompson v. Estate of Maurice, is a reminder of some potential problems that could arise in these cases.

Attempted Settlement Before Suit

December 12, 2014

New Appellate Change Could Have Unexpected Impact on Injured Victims

by Gerson & Schwartz, P.A.

Usually when the Florida Supreme Court adopts new procedural rules, they are of most concern to attorneys, and don’t have as much impact on injured individuals. The rules are procedural, and usually dictate how the lawyer must practice.

But the Florida Supreme Court has adopted a change to Florida’s appellate rules that’s worth noting because it could have an immediate and direct impact on injured victims who want to sue negligent government entities.

A Bit About Sovereign Immunity

December 5, 2014

Tragic Murder Tests the Boundaries of Liability for the Actions of Family Members

by Gerson & Schwartz, P.A.

Many families in Florida admirably and nobly care for children with mental disabilities, even into the child’s adulthood. Doing so can be a huge obligation, financially and emotionally.

Many of those children may have disabilities that make them dangerous. What responsibility does a parent of a dangerous adult child have towards others? And if you’re injured by an adult, what right do you have to sue the child’s parents if they knew the child was dangerous?

One case decided earlier this year has set some guidelines on these questions.

November 26, 2014

Can You Tell Your Family About an Injury Settlement? Maybe Not…

by Gerson & Schwartz, P.A.

If you are injured and file a lawsuit for damages, in many cases, the other side may settle with you before a trial is needed. In return for paying you damages for your injuries, the negligent party often may want a confidentiality provision in your settlement agreement.

A case from earlier this year demonstrates how seriously defendants can take these confidentiality agreements. It also demonstrates how mindful everyone must be in an age of social media.

Man’s Daughter Violates Confidentiality

November 21, 2014

Forced Arbitration in Medical Malpractice Cases Could Take Away Your Right to a Jury

by Gerson & Schwartz, P.A.

If you are injured as a result of medical malpractice, you probably have the expectation that you’ll get your day in court, the chance to tell your story to a jury of your peers, and the opportunity to confront those who have wronged you.

More and more, however, doctors are trying to use forced, compelled arbitration to deny you that right. It’s a practice that is very harmful to Florida patients and consumers, and unfortunately, the law is very unclear whether these arbitration agreements are permissible or not.

What is Arbitration?

November 7, 2014

Private Cell Phone Data May be Discoverable in Litigation

by Gerson & Schwartz, P.A.

In disputed injury cases, getting evidence that may be difficult to obtain can be the difference between winning and losing. When we think of evidence, we often think of witnesses and medical records and maybe even video camera recordings. But we often don’t think of cell phone records as evidence in injury cases.

Cell Phones and Privacy

We often think of the information on our cell phones—texts, emails, pictures, schedules, etc.—as our private information. Because of that, we write very candid things on our phones, not expecting that the world could ever see them.

October 30, 2014

How to Deal With “Pre-Existing” Injuries or Ailments

by Gerson & Schwartz, P.A.

If you are injured in an accident, it is very possible that it may not be the first injury you’ve ever sustained. As we go throughout our lives, and our body ages, we may well have medical problems, whether they are related or not to negligence. But those prior injuries or conditions can cause complex issues in a personal injury case.

The Need to Show Causation

One way that defense attorneys who represent negligent parties try to defend cases is on the basis of causation. Even if someone is negligent, it must still be demonstrated that their negligence actually caused your injuries.

October 27, 2014

The Privacy Concerns in Getting Witness Information

by Gerson & Schwartz, P.A.

In all kinds of cases, witnesses can provide vital information that can lead a jury to enter a verdict for damages in favor of an injured person. Witness information is of particular importance where facts are disputed. A single witness, especially neutral witnesses with no stake in the outcome, can be the difference between recovering for an injury and being left with nothing.

In many cases, witnesses voluntarily come forward. For example, someone who witnesses a car accident may remain on the scene, and provide their contact information to an investigating police officer, or a treating doctor may be expected to be called as witnesses.

But what about witnesses that may not have come forward voluntarily? Or aren’t even aware they have information to provide? How does someone who is injured get their information to call them to testify at an injury trial?

October 23, 2014

Court Allows Victims to Recover Even if a Condition is Open and Obvious

by Gerson & Schwartz, P.A.

If you are injured in a fall on a business owner’s premises, a crucial question will be whether the dangerous condition was “open and obvious” to you. The open and obvious doctrine can be a difficult hurdle to overcome for injured victims seeking damages for their injuries, but a case earlier this year may have made that hurdle a little lower.

What is Open and Obvious?

As the name implies, an open and obvious condition is one which is out in the open, and readily observable to anyone demonstrating due care. Generally, we all have a duty to look out for our own safety. This includes avoiding dangerous conditions that are open and obvious.