Miami Accident Lawyer Blog

May 25, 2011

As Probe Into Fatal Miami Gardens Crash Continues, Person of Interest Identified

MIAMI, FL—Authorities have found a person of interest in the ongoing investigation into the unfortunate April 30, 2011 hit-and-run accident that claimed the life of a 14-year-old Miami Gardens boy. According to information provided by the Orlando Sentinel, the Florida Highway Patrol (FHP) identified their person of interest as 40-year-old Odingo K. Walden, who was caught on camera driving a pickup truck strikingly similar to the one involved in the fatal Miami-Dade County car crash.

Reports indicated Andre McCarthy was trying to cross Northwest 27th Avenue when an unspecified red pickup truck slammed into him in the northbound lanes, near Northwest 194th Street. It was not clear if the teenage crash victim succumbed to his severe injuries at the scene, or if emergency medical services (EMS) rushed him to a hospital beforehand.

The hit-and-run driver, on the other hand, subsequently fled the scene. FHP troopers relayed witness reports, which described a red pickup striking the teen upon turning out of a parking lot. Surveillance photos show Walden behind the wheel of a red Dodge Ram pickup truck moments before the deadly collision occurred.

May 24, 2011

Using Creative Approaches, ‘Impossible’ Cases Become Possible – and Justice Prevails

by Gerson & Schwartz, P.A.

Skill and experience mark a good law firm. But the best firms – the ones that take, and win, the cases that seem impossible – have something else, too: creativity and determination. With the insurance industry eliminating coverage for assault-and-battery incidents at commercial establishments, too many crime victims are finding that lawyers won’t take their case. It’s easy to understand why: Without insurance coverage, recovery may be non-existent. And for crime victims, this seems to further the injustice.

It’s a trend we don’t like – and we’re fighting back. We’re doing so by taking these cases. And through creativity and determination, we’re winning them. In numerous uninsured cases, we’ve recovered substantial damages from business and property owners – vindicating the rights of our clients and helping them obtain the recovery, and accountability, they deserve.

We’ve been successful because we’ve changed the game. By looking to the owner of the property – rather than the lessee or operator of the business on the premises – we’ve been able to establish their duty to our clients, and their failure to meet it. In some cases, we’ve shown that the owner knew, or should have known, that violence that began inside an establishment – such as a bar fight – would spill out into common areas, like a parking lot, and reasonable measures, including adequate security, should have been taken.

May 23, 2011

Miami Negligent Security Cases may Stem from Negligence in Bars, Restaurants, Schools, Apartments

by Gerson & Schwartz, P.A.

Recently, a stabbing at a bar left three deaf men and a bouncer wounded because a woman allegedly thought the men were throwing gang signs at her, though they were communicating with sign language, NBC News reports.

While all the facts of the case haven’t been revealed and the defendants haven’t been convicted, the case may be an example of neglient security in Miami. Often, a Miami personal injury attorney can hold business owners, schools and landlords accountable for injury on their property that occurs as a result of failure to provide adequate security.

Premise liability and security negligence are legal concepts that apply to crime victims and accident victims in public places where business owners neglect their responsibility to keep patrons or residents safe.While slip and fall accidents are a common type of premise liability case, negligent security refers to injuries on someone’s property that result from their failure to provide guests or residents with a reasonable expectation of safety.

Consider the victim of an assault or battery at a bar or restaurant. Everyone goes out for entertainment and they have a reasonable expectation that they will be kept safe. If a particular establishment has a history of fights and doesn’t provide adequate security and someone gets attacked, that could be grounds for a lawsuit. Evacuation injuries is another type of premise liability case in Miami, which can result when someone is injured during an evacuation of a restaurant, bar or apartment — particularly when there is insufficient means of a clear exit.

This area of law is complex. Each case is unique and is best handled by a Miami injury law firm that has decades of experience handling Florida premise liability and negligent security cases.

May 22, 2011

A Word On Cruise Ship Claims

by Gerson & Schwartz, P.A.

While cruise ships may look sparkling clean and safe, behind the surface lies an industry that lacks any formal regulation – and all-too-often, accountability — for what occurs on-board. And, unfortunately, plenty goes on: sexual crimes that are unreported. Violent assaults covered up by ship personnel. Passengers that go missing — never to be seen again.
Gerson & Schwartz PA is at the forefront of assiting passenger injury, crewman, and other injury claims against allmajor cruise lines.

May 17, 2011

Crime Victims Have Rights; Contact a Miami Personal Injury Law Firm

by Gerson & Schwartz, P.A.

Many law enforcement agencies and state attorney offices in Florida have victims’ advocates, people paid to stay in contact with crime victims and their families throughout the criminal process. The Miami Herald recently reported on such a position at the Hialeah Police Department.

But while these people can aid crime victims through the criminal process, only a Miami personal injury law firm can aid crime victims through the civil process. While many crime victims believe their time in court ends when a defendant is found guilty and is sentenced, there are often avenues for Miami crime victims to recover money stemming from certain criminal acts.For more than 30 years, dedicated Miami personal injury lawyers have fought for victims of crime in Florida courts. Over this span of years every type of crime victim lawsuit has been brought, from murder to assault and clergy abuse. Individuals, businesses and governments can often be sued when a crime is committed.

Florida has services available to aid victims, such as a compensation program for victims through the Attorney General’s Office. That office also can aid in obtaining financial assistance for medical care, lost income, mental health services and funeral expenses. Click here to find a list of South Florida law enforcement victim advocates.

Florida has a Victims’ Bill of Rights that states victims and their families have a right to be informed, present and heard when relevant at all critical stages of a criminal proceeding. It is a Florida Constitutional Amendment and it is important in making sure criminal victims are heard and well represented by the state.

But even the Attorney General’s reach is limited. The funds available in its compensation fund may not sufficiently help a crime victim or their family. And sometimes only a lawsuit and successful jury trial can be the answer to help get a family back on track financially.

Criminal closure is one thing, but after that, you may need justice from the business or individual who wronged you or your family. Choose a firm that will fight for your rights and hold the criminals accountable.

November 23, 2010

$ 1,310,000 Jury Verdict for Sexual Assault Victim

by Gerson & Schwartz, P.A.

On November 22, 2010 a Miami-Dade County jury decided that Defendant Tenet Healthcare Systems d/b/a North Shore Hospital was negligent and thus legally responsible for a sexual assault by one of their patients on another patient in the hospital. The sexual assault took place in the behavioral unit of North Shore Hospital in 2007. After a six day trial the jury deliberated for nearly 4 hours before unanimously awarding $1,310,000. The case was tried by Philip M. Gerson, Nicholas I. Gerson, and Edward Schwartz of Gerson & Schwartz, P.A.

April 22, 2010

Fatal Truck Accident in Fort Lauderdale

by Gerson & Schwartz, P.A.

Earlier this morning a Fort Lauderdale man was killed when he was struck by a truck on the Florida turnpike. The truck accident occurred in the early morning hours around 5:30 A.M. just off of Mile Marker 63, which is north of Commercial Boulevard in Pompano Beach, Florida. Driver negligence is likely to be the cause of this accident. Gerson & Schwartz, P.A. has over 40 years of experience representing victims and their families in wrongful death claims.Contact a Miami, Florida personal injury attorney at 305-371-6000 or via email at info@gslawusa.com if you or someone you love is in need of experienced legal representation.

March 21, 2010

Palm Beach Night Club Shooting Leaves 2 Wounded

by Gerson & Schwartz, P.A.

Two people were injured on early Sunday morning in a shooting outside the Chances Night Club in Lake Worth, Florida. The victims were identified by authorities as in their early 20’s but further details about the case such as motive or if a claim for negligent security could be made against the night club remain unknown. Gerson & Schwartz, P.A. has over 40 years of experience representing crime victims and other accident victims in the State of Florida. For more information about our firm contact Gerson & Schwartz, P.A. We offer a free initial consultation. Call 305-371-6000, or email us at info@gslawusa.com

March 19, 2010

Third Disctrict Court of Appeal Affirms 24.8 Million Dollar Verdict

by Gerson & Schwartz, P.A.

The Third District Court of Appeal upheld a 24.8 million dollar tobacco verdict against cigarette manufacturers. This comes nearly 8 years after the trial court found in 2002 that Defendants Philip Morris, Liggett Group, and Brown & Williamson were legally responsible for misrepresentation, fraud, civil conspiracy, and for knowingly manufacturing a dangerous and defective product.

June 15, 2009

Crime Victims at Low Income Housing Apartments

by Gerson & Schwartz, P.A.

Expensive rentals and condominiums provide extensive security programs to protect residents and guests. Low income renters often don’t get the same protection as more affluent apartment dwellers. Legal protections exist for government supported properties. Though not well known by the public many requirements for safety and security are mandated by federal statutes and regulations for subsidized housing. Developers and managers get rent subsidies, guaranteed loans, tax credits and other accommodations to encourage availability of housing for economically disadvantaged persons. Our law firm has identified these requirements and used them to establish the standard of care and duty owed to residents and guests. Where violations occur we have successfully helped victims recover money for their injuries.