accident

March 6, 2017

Families of Men Killed with Marlins Pitcher Sue Estate For Negligence

Last September, an early morning boat crash claimed the life of Miami Marlins pitcher Jose Fernandez and his two companions, Eduardo Rivero and Emilio Jesus Macias. The crash happened when the pitching ace’s boat ran aground into a stone jetty between PortMiami and the open ocean. Families of the two men killed with Fernandez recently filed personal injury and wrongful death lawsuits against his estate, claiming that the baseball player’s negligence led to the men’s deaths.

When careless or reckless behavior causes an injury or a death, whoever caused the accident or injury can be held responsible for paying damages in civil court—even if that person did not survive the same accident. If your loved one was killed because of someone else’s negligence, our experienced Miami wrongful death attorneys can help.

Mystery Surrounds Crash

October 2, 2015

Construction Accidents – Understanding Your Rights

by Gerson & Schwartz, P.A.

Construction sites can be extremely dangerous, especially for the workers who are operating in and around the sites on a daily basis. With numerous contractors and sub-contractors at the site, there may be a number of different tasks taking place. Unfortunately, our team of Miami construction accident injury lawyers commonly discover that not all work tasks were being done in accordance with safety standards and protocols at the job site.

Injured on the Job – How to Get Compensated

Injured construction workers are entitled to apply for worker’s compensation insurance. Basically, worker’s comp allows you to receive financial benefits for your lost income while you are disabled and incapable of returning to work, along with reimbursement for medical expenses. In some cases, depending on the severity of the injury, you could be eligible to pursue lifetime permanent disability payments and/or a lump sum settlement.

September 22, 2015

Understanding Punitive Damages and How They Apply in Florida Personal Injury Cases

by Gerson & Schwartz, P.A.

In most personal injury cases such as car accident injuries, truck accident injuries, and motorcycle accident injuries, the damages that are pursued by your Miami personal injury lawyer include restitution for medical bills, lost wages, and pain and suffering. However, there is another category of damages that goes beyond simply serving as a compensatory mechanism for the injured party. There is a special category of damages available that helps to make the injured party “whole” again and may be awarded to punish the at-fault party for their reckless and wanton conduct. This category of damages is known as punitive damages.

In Florida, punitive damages are also referred to as “exemplary damages.” As mentioned, these damages go beyond what is actually necessary to compensate you. They are meant to penalize the at-fault party if they committed gross negligence or caused intentional harm. They are awarded as a way to send a signal to the community at large that similar behavior will not be tolerated.

Punitive Damages Example

September 4, 2015

Railroad Accidents a Real Risk in Florida

by Gerson & Schwartz, P.A.

According to the Federal Railroad Administration Office of Safety, there has been a sharp increase in railroad accident deaths – from 301 deaths in 2014 to 363 deaths in 2015. A total of 22 of these railroad accident deaths have occurred in Florida in 2015. 22 lives were lost due to accidents that probably could have been prevented. In fact, 80% of Florida public railroad crossings remain unprotected by lights and safety gates. Our team of Miami personal injury lawyers find those statistics to be simply unacceptable.

Railroad accidents in Florida may occur because of:

Mechanical failure of the train or related hardware

September 2, 2015

Injured as a Passenger in a Car Wreck? Understand Your Rights

by Gerson & Schwartz, P.A.

You are in the front passenger seat of your friend’s vehicle. They are driving down Coral Way in Miami, Florida when another driver t-bones the vehicle. You suffer serious injuries including whiplash, a bulging disc in your L4/L5 region, and a sprained wrist. As a passenger, should you file a claim against the other driver or your friend’s policy? Our team of Miami car accident lawyers deal with this type of scenario on a regular basis.

When Another Driver Caused the Wreck

If another driver caused the accident (like the t-bone example above), you should pursue legal action against the at-fault driver. This would mean that you need to get the insurance information of the at-fault driver, either from the police who investigated the accident or possibly through your friend, if they exchanged insurance information with the at-fault driver at the scene of the collision.

August 25, 2015

What to Do in an Accident with a Rental Car

by Gerson & Schwartz, P.A.

You just arrived in Miami and are ready to enjoy some of the city’s amazing amenities. You are traveling down Coral Way when a careless driver t-bones your rental vehicle. Our team of experienced Miami car accident attorneys deal with this type of scenario on a regular basis. The following is a checklist of what to do and what not to do if you or a loved one are involved in an accident with a rented car in Miami.

First, it is important to know that Florida is a no fault state, meaning the drivers involved in a car accident are supposed to seek coverage from their respective insurance companies irrespective of fault. An owner of a Miami rental car is entitled to a maximum of $10,000 in Personal Injury Protection (PIP) benefits and $10,000 per accident in property damage coverage. The PIP coverage includes medical expenditure and lost wages and is applicable irrespective of whether you happen to be a tourist in Miami or a full-time resident of the state. However, while this sum may be sufficient to remunerate the rental auto organization, more often than not, car accident injuries result in long-term financial and personal losses that enormously surpass this inconsequential amount of money.

Rental car coverage in Miami is done mainly through four different ways, including:

August 18, 2015

Make Sure You are Covered in the Event of a Hit and Run Accident

by Gerson & Schwartz, P.A.

Accidents can happen anywhere and anytime, without any fault of yours or without any prior warning whatsoever. For example, an incident took place in front of Bayside Marketplace on the night of July 30, 2015. According to Miami police, a man was attempting to cross Biscayne Boulevard at Northeast Fourth Street when he was struck by a taxi. In a classic case of hit and run, the cab took off without stopping to check on the victim, who was left lying injured on the road. Police later recognized the taxi as Yellow Cab #532, with tag ACU E95. Security patrol recordings showed that, after hitting the man, the taxi continued to speed northwards. The cab was eventually discovered abandoned at 119th Street and Biscayne Boulevard.

Our team of Miami car accident lawyers are outraged by this heinous, reckless, and complete disregard for human life. If the driver of the cab is apprehended, there is probably a foundation to pursue punitive damages.

How to Protect Yourself

August 14, 2015

Pursuing Restitution After a North Miami Hit-and-Run Accident

by Gerson & Schwartz, P.A.

Two people reportedly crashed into a bus bench in North Miami on 125th Street near Northeast 12th Avenue, according to wsvn.com. Four people, including an 11-year-old girl, suffered serious injuries and had to be transported to the hospital. The drivers who caused this terrible incident took off running and were not apprehended. Our team of Miami car accident attorneys are always troubled when we read about these awful, preventable incidents.

Miami-Dade Fire Rescue and North Miami Police responded to the scene of the collision and were told that two young men got out of the car and started running south down Northeast 11th Place towards the train tracks. Despite their evasion, the car involved in the incident was not totally destroyed and was towed away. This means, if the license plate is intact, North Miami Police should be able to track down who owns the vehicle.

What an Injured Person Can Do in This Situation

July 16, 2015

Crosswalk Accidents – Who Has the Right of Way?

by Gerson & Schwartz, P.A.

Florida ranks consistently as one of the worst states in terms of pedestrian safety. According to 2012 data published by the National Highway Traffic Safety Administration, pedestrian fatalities were highest in California (612), followed by Texas (478) and Florida (476). If you or a loved one was hit by a vehicle while in a crosswalk, you should consider speaking to an experienced Miami personal injury attorney to determine whether you have the legal grounds to pursue a civil claim.

Understanding Crosswalk Laws in Florida

Crosswalk laws in Florida are codified in the Florida Statutes Section 316.130 and discuss in detail the rights of a pedestrian while walking on a crosswalk. Pedestrian is defined as “anyone on foot,” provided there is some kind of movement associated with them. Persons on wheelchairs or roller-skates can also be considered pedestrians. However, cyclists are NOT considered pedestrians since they are operating a mode of transportation.

July 6, 2015

The Long-Term Consequences of a Traumatic Brain Injury

by Gerson & Schwartz, P.A.

The Brain Injury Association of America (BIAA) defines a Traumatic Brain Injury (a.k.a TBI) as “an alteration in brain function, or other evidence of brain pathology, caused by an external force.” Anyone can fall victim to a traumatic brain injury at any time. Our team of Miami personal injury attorneys have heard of people suffering TBIs in car accidents, motorcycle wrecks, truck accidents, and many other preventable accidents. The consequences can be devastating and life altering.

Living with a Traumatic Brain Injury

Adequately funding the treatment for a traumatic brain injury victim can be extremely difficult because of increased need of medication, rehabilitation, post-injury checkups, and potentially dedicated at-home care.