Miami Accident Lawyer Blog
Gerson & Schwartz, PA recently obtained a $240,0000 settlement for our client who was assaulted in her apartment complex. Our client, had returned home one evening and parked her vehicle in her assigned space in the parking lot area in front of her second floor condominium apartment. As she exited her vehicle she was grabbed by a young black male, pulled out of the vehicle and thrown to the asphalt pavement. The man got in her vehicle and drove off the property.
Crime Victim/Jury Verdict Nullification Heads for Appeal
Our client expected justice – instead he got judicial error. We’re working to fix that. Back in 2001, the plaintiff, a 24-year-old man, suffered a partial hearing loss and a mild brain injury after he was beaten with a beer bottle in the parking lot of an International Drive apartment community in Orange Country. The unidentified assailant had followed him from his job at a nearby Publix and was able to enter the 360-unit complex through a malfunctioning electronic access gate.
Falling Deck and Inspectors Failings Result in $2.5 million Verdict
Gerson & Schwartz PA, along with co-counsel obtained a $2.5 million jury award for our client, who suffered severe – and permanent – injuries when the deck of a house she was visiting collapsed from under her. The house – a foreclosed Atlanta property that had been listed for sale on the U.S. Department of Housing and Urban Development’s Website – had been examined, prior to the visit, by HUD inspectors, who overlooked or ignored dangerous signs of rotten wood.
Misdiagnosed Brain Tumor Settlement
It was only after our client began suffering visual disturbances and went to another doctor, an ophthalmologist,that she received the correct — and sobering — diagnosis: An MRI revealed a baseball-size tumor, called a hemangioma, growing outside her brain. While not a malignant lesion, it was large enough to compress other parts of the brain and do damage. Neurosurgery followed, but so did a post-surgical infection and sensory losses. Two follow-up operations were necessary. Even today, two decades after those first headaches, our client suffers pain and discomfort.
Rollover Settlment Reached
A private road may only be open to certain drivers, but when it is inadequately designed and constructed, danger isn’t choosy. Our client, a 71-year-old truck driver, suffered a skull fracture
— resulting in hospitalization, rehabilitation, and an enormous workman’s compensation lien — in a 2005 accident on a private road used by contractors hauling fill material to a construction site.
International Cruise Ship Claims
Cruise ships may look sparkling clean and safe, but behind the surface lays 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. And perhaps the most troubling problem of all: an industry that has become skilled at holding off any attempts at reform.
We will continue to help in any way we can to ensure that the appropriate regulations and safeguards are enacted by Congress — so that dream vacations don’t turn into nightmares.
Engle Trust Fund
Judge David Miller ruled last week that the Engle Trust Fund with over 600 Million dollars will be eligible for smokers to claim beginning on April 25, 2008. In a string of recent decisions in favor for sick smokers in the last few months, former Engle Class Members may finally be able to take a portion of these monies that were set aside years ago.
SALE OF STRUCTURED SETTLEMENT ANNUITIES
Like other responsible plaintiff’s lawyers we urge many clients to structure significant settlement proceeds for their future security. The benefits of tax-free structured future payouts to plaintiffs are well known and carefully explained to clients at the time of settlement. If there is a downside to these plans it is that no one can foresee the future and thus the structure payment program sometimes no longer meets the client’s needs because of unexpected events and changes in the client’s health or lifestyle.
A Word About Settlements
We have had several confidential settlements during our 37 years in practice. At Gerson & Schwartz, P.A. we oppose confidentiality in settlement agreements. It is obvious the public good is better served by open and full disclosure of settlements especially in product liability cases.
Suing the Drunk Driver
Talking about suing drunk drivers is like talking about eating ice cream. Defending a drunk driver is certainly a lot less fun. There are plenty of advice programs for defense of criminal cases involving drunk driving. Most of it applies to the civil case too. Bringing the case for an injured plaintiff is not as easy as it may look by the results some personal injury lawyers have gotten. I am going to discuss some of the techniques I have used in some of my drunk driving accident cases and share with you some of what I have learned by handling these cases.
When analyzing and presenting automobile accident cases, driver conduct is always an issue. Where the driver of the adverse vehicle has been drinking or was drunk there are additional issues not part of the ordinary accident case. The criminal case begins at the time of the accident investigation by the police when the defendant is arrested. When you are retained the criminal case is already underway and you must act promptly and aggressively to protect your client’s rights or the opportunity will have been lost.
Victims rights are now recognized. Two years ago the legislature passed a new statute requiring officials in the criminal justice system to advise victims of their statutory rights.
There is nothing improper in your speaking up on behalf of your client in the DUI prosecution. Your client has the right to be heard on several important issues