Florida personal injury attorney

June 24, 2016

Medical Malpractice and the Statute of Limitations in Florida

Medical malpractice occurs when a medical provider, such as a doctor, hospital or clinic, performs an act or omission during the course of treating a patient that deviates from the accepted norms of practice in the medical community, causing injury to the patient. Medical malpractice occurs often here in Florida. It is critical that you are aware that Florida law places a strict deadline on when you may file a lawsuit for a medical malpractice claim.

If you or a loved one is injured at the fault of a medical provider, such as a physician, clinic, or hospital, it is imperative that you hire an experienced medical malpractice attorney. The Florida medical malpractice lawyers at Gerson & Schwartz, PA are here for you! Our attorneys represent medical malpractice victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Applicable Statute of Limitations Period

May 20, 2016

Jeep and Train involved in Fatal Accident

by Gerson & Schwartz, P.A.

Railroad companies across this nation have strict rules to follow. Most of the rules serve purposes of safety and protection of motorists and pedestrians. As you may know, sometimes railroad companies do not follow said rules. This can cause fatal accidents. Yet, train passengers and nearby motorists can be injured or even killed by trains even when train companies follow the rules.

For instance, recently in Plant City, Florida, a passenger in a SUV was killed when a train struck the vehicle. This accident occurred at the railroad crossing for Candis Road and Paul Buckman Highway. 19-year-old Bruce Dean drove the vehicle. Mr. Dean, apparently, attempted to beat the train through the intersection. During this failed attempt, the train forcefully smashed into the passenger side of the SUV. The passenger died at the scene. Per statistics, the overall most common cause of railroad accidents occurs at railway crossings. As in the above-mentioned incident, motorists make attempts to beat oncoming trains through the intersection. In actuality, studies find that this type of accident in the United States occurs every 90 minutes.

If you or a loved one is injured from a train accident, at the fault of the railway or train company, it is imperative to hire an experienced personal injury attorney for your case. The Miami personal injury lawyers at Gerson & Schwartz, PA are here for you.

May 13, 2016

Injuries at the Gym

by Gerson & Schwartz, P.A.

Gym memberships have significantly increased in number over the years. In the United States, there are currently 50 million individuals with gym memberships. With the steady increase in the amounts of people flocking to the gym over the years comes the increased risk of gym related injuries. Sometimes the injury is the fault of the gym owner, manager, or even a personal trainer.

If you or a loved one sustains an injury at the fault of another person, it is imperative to retain an experienced attorney. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. Our attorneys represent accident victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Inherent Risk of Injury and Related Laws

April 8, 2016

Pedestrian Accidents

by Gerson & Schwartz, P.A.

The weather is drastically warming as we approach the summer. At the same time, more and more people are spending time enjoying outdoor activities. With this, it is important to take caution as accidents, sometimes fatal accidents, can occur when least expected. Recently, in Winter Park, Florida, a van slammed into a man who was walking down a sidewalk near the intersection of 436 and Aloma Avenue. The van knocked the man to the ground and kept rolling until it slammed into a sign and then a fire hydrant. The van then flipped over onto its roof. One witness reports that the victim saved his girlfriend from being hit by pushing her out of the way. The victim suffered from a broken leg and a head injury.

If you or someone you love has suffered injury at the fault of another person, you may be entitled to substantial compensation. To increase your chances of compensation, it is imperative that you hire an attorney for your case. The Miami personal injury at Gerson & Schwartz PA lawyers are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Florida’s Relevant Law

January 7, 2016

Negligent Security Measures

by Gerson & Schwartz, P.A.

Imagine this horrible scenario: you drive your car up a parking garage in search of a parking spot. The only available spots are on a dark, non-lit, level of the parking garage. You park there. On the way to the exit, you are assaulted and now fighting for your life! Situations such as this can happen to anyone. It is critical that you know and understand your legal rights if you or a loved one experiences similar horrific situations. You may be able to sue the property owner under theories of negligent security. The Miami, Florida negligent security lawyers at Gerson & Schwartz, PA have the knowledge, experience and ability to make property owners pay for the harm done to individuals at the hands of criminals.

The Basics of Negligent Security Measures

In essence, whether it is at a shopping mall, parking lot, parking garage, apartment, etc., people have the right to be reasonably safe from foreseeable harm and criminal victimization. A case founded on negligent security principles relies on the failure to provide reasonable security measures for protecting individuals from preventable harms that a third party owes a legal duty to provide reasonably safe premises. This legal concept touches on premises liability grounds. Per Florida’s premises liability law, landowners, possessors, landlords, business operators, and property managers have a duty to people lawfully on their premises to make the environment reasonably safe and to warn of latent danger.

May 30, 2014

Increasingly Warm Weather Leads To Higher Risk Of Swimming Accidents

by Gerson & Schwartz, P.A.

As the weather continues to heat up, many Florida residents are heading to their local pools and beaches to cool off. Although swimming can be a great way to relax on a hot day, it is important that the risks associated with this activity are fully appreciated, and that anyone injured in a swimming accident contact a Miami personal injury attorney immediately.

The risks associated with swimming are especially high for children, especially when they are inadequately supervised or permitted to swim without appropriate safety equipment. According to statistics published by the American Academy of Pediatrics, drowning is the second leading cause of death among children aged one to nineteen, with over a thousand such children drowning every year.

As this blog has discussed on several occasions, premises liability is a legal term that references a property owner’s duty to maintain their premises in a reasonably safe condition. Owners and operators of private pools and breaches are no different, and owe certain duties to guests of their property.