Miami Accident Lawyer Blog

January 15, 2021

When Florida Workers’ Comp is NOT Your Sole Remedy for Work-Related Injuries

Any workplace in any industry can be dangerous for workers, so it is a relief to know that Florida workers’ compensation laws exist to protect your interests if you were hurt in a work-related accident. Fortunately, the system is one of no-fault, so you do not need to prove that your employer was negligent or somehow responsible for causing the incident. If you qualify, you can start receiving your monetary benefits promptly. However, there is a caveat: Filing a workers’ comp claim is your sole remedy, and you are barred from seeking damages in civil court.

This is a significant drawback in certain situations, but you should note that there are exceptions to the exclusive remedy rule. You could open the door to civil litigation – and significant advantages – if you fall within one of them, and a Miami workplace injury lawyer can advise you on the specifics. An overview of the basic legal concepts may also be useful.

Exceptions to Workers’ Comp as Sole Remedy

January 13, 2021

Miami Car Accidents: Special Considerations for Pregnant Women

by Gerson & Schwartz, P.A.

Driving is among the riskiest activities you do on a daily basis, but – unlike other things you avoid while pregnant – it is a necessity for personal and professional reasons. Unfortunately, while you are just as likely to be involved in a car accident as other Miami motorists, you and your baby are at extreme risk of serious injuries because of your vulnerable condition. According to Safe Ride 4 Kids, an organization dedicated to preventing injuries and deaths to children in auto collisions:

Automobile collisions are the single largest cause of death for pregnant mothers; and,
Motor vehicle accidents are the top cause of traumatic fetal mortality.

January 8, 2021

The Miami Project to Cure Paralysis: Statistics on Spinal Cord Injuries

by Gerson & Schwartz, P.A.

The spine takes on numerous functions in the human body, as it provides support and structure while also enabling flexibility and mobility. It also has the important job of protecting the spinal cord from injury, but the solid bones of the vertebrae cannot withstand extremely powerful trauma. The Miami Project, an investigative research program targeting spinal cord injuries, reports that there are around 249,000 to 363,000 people in the US currently living with complications from spinal cord trauma. Plus, another 17,730 victims add to these figures every year.

While the physical pain can be excruciating, you may experience losses you never even imagined if you or a loved one suffered a spinal cord injury. Therefore, you should discuss your legal options and remedies for recovering compensation with a Miami spinal cord injury lawyer. Some additional statistics and legal overview may also be helpful.

Top Causes and Statistics on Spinal Cord Injuries

January 6, 2021

Get Immediate Medical Care for These Accidental Injuries

by Gerson & Schwartz, P.A.

Whether you were hurt by an auto crash, slip and fall, or other accident, being injured sends you into a state of confusion. You might not feel extensive pain, but you can probably tell that your body endured significant trauma. Under the circumstances, the first questions that cross your mind are whether you need medical care and where to go for treatment. While the Mayo Clinic description on the differences between emergency rooms and urgent care facilities may guide you on one issue, you might be stumped about the other.

The conundrum is a common one, since many accident victims may hesitate when they are not sure about the nature of their injuries. On this point, you should definitely seek immediate medical care for the following injuries so you can get on the path to recovery quickly. Plus, your decision making on treatment could affect your rights for reasons a Miami personal injury lawyer can explain in more detail.

Traumatic Brain Injuries (TBI): Because they can be serious even without prominent symptoms, medical care is essential if you suffered a head injury. If you lost consciousness because of the accident, urgent treatment is even more important to assess the full extent of your head injuries.

January 1, 2021

Sources of Evidence When You are Transported From the Scene of a Miami Auto Accident

by Gerson & Schwartz, P.A.

Car accidents continue to be a primary safety threat for motorists across the US, and the problem even hits close to home in Florida. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 72,000 people hurt in auto collisions throughout South Florida, a figure that includes Miami-Dade, Broward, and Palm Beach Counties. Many of these victims suffered injuries so serious that they were immediately transported to local trauma centers for emergency treatment.

While urgent medical care is a priority, being rushed to the hospital does create a dilemma for victims of motor vehicle crashes: They cannot remain at the scene to gather the evidence that is essential for purposes of legal remedies. Fortunately, there are strategies for collecting proof, and a Miami car accidents attorney can tackle investigations. However, you should be aware of some key sources of evidence when you are taken from the site of a crash.

Occupants of Your Vehicle: If you were traveling with friends or family, you may need to rely on these individuals to collect evidence for you. Cell phone cameras are the best way to capture damage to the vehicles, traffic signage, physical conditions at the scene, weather, vehicle skid marks, and related factors.

December 30, 2020

Will a New Florida Law Decrease the Potential for School Bus Accidents?

by Gerson & Schwartz, P.A.

Floridians always ring in a new year with a wealth of new laws to go into effect on January 1, and 2021 is no different. One piece of legislation should be of particular interest to parents who trust their school bus system to transport children to and from classes. According to ABC affiliate WTXL News Channel 27, officials are cracking down on motorists who choose to illegally pass a school bus that is stopped. The School Bus Safety Act increases the penalties for these offenders with a goal to discourage the types of misconduct that put children at risk of serious bus accidents. The fines double to $200 for drivers who pass a bus with red flashing lights and stop-arm extended; subsequent offenses within five years could lead to a driver’s license suspension.

Proponents of the law are hopeful that it will reduce Miami school bus accidents and keep children safe, but there are concerns that it does not go far enough. Plus, these incidents can be caused by many other careless acts. As a parent, the following information should be helpful.

Risks When Motorists Illegally Pass School Buses

December 25, 2020

How Florida Insurance Laws Affect Miami Motorcycle Accidents

by Gerson & Schwartz, P.A.

Even if you do not have a legal background, you certainly know the basics of Florida auto insurance laws from reviewing your responsibilities to procure coverage according to law. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) requires all four-wheeled vehicles to carry $10,000 in Personal Injury Protection (PIP) and $10,000 for property damage. Because the state goes by “no fault” rules for auto accidents, there is no requirement to carry the bodily injury coverage that is mandatory in other US states. Florida drivers can seek compensation through their own insurers under their PIP policy after a crash.

However, motorcycle riders should pay special note to the keywords “four-wheeled vehicles.” Insurance works very differently for your two-wheeled motorcycle, so you should be aware of how this point affects your rights after a collision. The complexities can be overwhelming, so it is wise to trust a Miami motorcycle accident lawyer to handle the legal process. Some background information may also be helpful.

Overview of Florida Insurance Laws for Motorcycles

December 11, 2020

Product Recalls to Watch for When Christmas Shopping in Miami

by Gerson & Schwartz, P.A.

The US Consumer Product Safety Commission (CPSC) announces recalls of dangerous or defective products throughout the year, but its reports are especially important around the holiday season. This time of year, the stores are packed with shoppers and people are going online to search for the perfect gift for loved ones. The last thing you want is for a hazardous product to cause injuries to yourself or the recipient, but this is exactly what could happen when manufacturers and other entities in the supply chain do not take measures to ensure their products are safe.

While you should always trust a Miami product liability attorney to handle the legal tasks if you were hurt, check out some of the recent product recalls before going holiday shopping this year.

Children’s Products and Toys

December 4, 2020

Florida Law Provides Options for Children When Parents are Injured

by Gerson & Schwartz, P.A.

If you were hurt in an accident of any kind, your focus will be on recovery and getting back to life as you know it as soon as possible. Depending on the severity of your injuries, you may sustain significant losses as you incur medical bills, lose income from missing work, and endure considerable pain and suffering. It is a relief to know that Florida law protects your interests by providing you with legal remedies to obtain compensation for these losses, especially if your recovery is long-term or you are permanently disabled.

However, there is one implication of an injury-causing accident that you might not have factored in — the consequences for your children. In many ways, they suffer along with you when you are unable to take an active role as a parent. Fortunately, Florida law also protects children in such a situation, and a Miami personal injury lawyer can explain in more detail. A summary of the relevant laws may help you understand the basics.

Overview of Florida’s Parent-Child Liability Law

November 27, 2020

Bunk Beds Sold by Major Retailers Recalled After Collapses, Reported Injuries

by Gerson & Schwartz, P.A.

The last place you should worry about suffering injury is when you are lying in bed and relaxing, but the experience was quite the opposite for several victims who were hurt while sleeping in defective beds. A November 15, 2020 article in the Miami Herald outlined the details of a recent recall jointly announced by the US Consumer Product Safety Commission and manufacturer Zinus. The recall covers 26,000 metal bunk beds that were not welded together properly, causing the upper bed to collapse. There have been 13 accidents reported involving the defective products, and victims have suffered serious injuries when falling or being crushed by the upper bunk.

If you were hurt by any type of product, it is essential to speak to a Miami products liability lawyer about your circumstances. You may have options regardless of a recall, but you should understand the basics about your rights when a product is withdrawn because of serious defects.

Common Recalls of Household Goods