Florida personal injury attorneys Tag Archives

October 14, 2024

Is Mediation Required in Florida Personal Injury Cases?

If you were injured in an accident in Florida, the legal process can feel confusing and overwhelming. Your medical bills are likely piling up while you deal with lost wages and the emotional toll of your injuries. Of course, the idea of pursuing a personal injury lawsuit might be intimidating. Courtrooms, depositions, and a drawn-out litigation process are common. The good news is that not all cases go to trial because they are resolved through Florida’s mediation system.

Under Florida law, mediation is often a mandatory step before a personal injury case goes to trial. However, there are many details involved with understanding whether mediation is required. It is helpful to review some information on what mediation is and when it’s required. You will also see how a Miami personal injury lawyer is a valuable resource through this process.

What is Mediation in Personal Injury Cases?

February 20, 2024

Three Lawyers to Avoid in Your Personal Injury Case

by Gerson & Schwartz, P.A.

If you suffered serious injuries in a preventable accident, then you are making the right decision by working with a personal injury lawyer. Pursuant to Florida’s Tort Reform Law of 2023, the deadline for filing most personal injury lawsuits is two years. That means that there is no time to lose in choosing a lawyer to represent you in your personal injury claim.

It does not hurt to visit more than one lawyer before you make a decision, especially if the lawyers offer free initial consultations. These are some red flags to look for at initial consultations. If you see any of these inauspicious signs, you should continue your search for the right Miami personal injury lawyer.

The Door Lawyer

January 15, 2024

Does a Pre-Existing Injury Bar My Florida Accident Claim?

by Gerson & Schwartz, P.A.

Starting from when you were a toddler, you have likely had many injuries ranging from minor to severe over the course of your lifetime. Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that more than 50 million people seek emergency treatment or care from a physician for accidental injuries. These will be part of the long-gone past in most cases, but some prior injuries could impact your rights if you were hurt in an accident.

There are countless reasons an insurance company may claim to deny payment in an accident case, and one of them is pre-existing injuries. The insurer’s strategy might work if you do not have legal representation, so make sure to retain a Miami personal injury attorney right away. You want to leverage the best possible strategies to counter the insurance company and get the compensation you deserve.

Pre-Existing Injuries in Accident Claims

March 15, 2023

Skin Graft Technology Brings Hope for Victims of Burn Injuries

by Gerson & Schwartz, P.A.

Unless you have a medical background, terms like “synthetic acellular dermal regeneration template” and “neodermal formation” do not exactly grab your attention. However, if you are the victim of burn injuries from an accident, the technology described by these terms is definitely significant. The National Institutes of Health (NIH) explains how innovations in skin graft science have increased the treatment options available for those that suffer the most severe burns. Previously, there have been challenges when a victim sustains harm to a large percentage of the body.

With the new technology, burn victims may benefit from a faster time to recovery, reduced risk of infection, and less scarring. There are considerable medical costs involved with these procedures, but they may be covered if you were injured in an accident that was not your fault. A Miami burn injuries lawyer will explain your rights, and an overview of developments with skin graft procedures is useful.

How the Skin Graft Technology Works

November 16, 2022

Reasons Your Florida Pedestrian Accident Claim Was Denied

by Gerson & Schwartz, P.A.

Sharing the road with larger, faster, motorized vehicles is risky when you are on foot, so it will probably not shock you to learn that pedestrian accidents can be devastating. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicate that there are more than 8,560 crashes involving people on foot annually. Of these, almost 37% occur in Broward, Miami-Dade, and Palm Beach Counties. Approximately 220 people are killed in South Florida pedestrian accidents, and thousands more are injured.

Florida traffic crash laws apply to these incidents, and the first step in the process is filing a claim with the at-fault driver’s insurance company. You might expect to fill out some forms and answer a few questions, so you may be surprised to receive a denial. Often, the insurer is justified in rejecting your claim due to mistakes, a situation you can avoid by retaining a Miami pedestrian accident attorney. Your claim may have been denied because:

There Was No Proof of Fault

February 26, 2022

Swept Away: Hurricane Insurance Claims in Florida

by Gerson & Schwartz, P.A.

For better or worse, Florida has always had hurricanes. It is considered second nature to take steps to protect your property and your life, most often with insurance policies. However, sometimes the insurance company will not pay, or will not pay enough. After a hurricane, the last thing you need is an insurance dispute. If your insurer decides to dig in its heels, you need a Miami hurricane insurance lawyer on your side to help you fight for what you are owed.

An insurance policy is a contract. An insurance company that does not honor the terms of that contract is in breach. The term used for when an insurance company breaches the terms of their own policy is ‘bad faith,’ and more specifically, ‘first party bad faith.’ Florida codifies the law on first party bad faith issues in section 624.155 of the Florida Statutes; while other states recognize a common law cause of action for a breach of the “duty of good faith and fair dealing,” Florida residents must follow the steps in the statute.

The statutory standard is laid out in the jury instructions given at the close of a civil trial. An insured has a valid claim of bad faith when an insurance company fails to settle a claim, when, if it had been acting in a fair and honest manner, it ought to have settled. This is the standard that must be proven in court.

June 20, 2021

Keep These Florida BUI Accident Statistics in Mind This Fourth of July

by Gerson & Schwartz, P.A.

Just as it has enacted laws regarding driving a motorized vehicle while intoxicated, Florida also penalizes Boating Under the Influence (BUI). Unfortunately, the nature of water-based activities can make it difficult to enforce the laws, so marine accidents involving alcohol are still a common problem. According to the Florida Fish and Wildlife Conservation Commission (FWCC), drunk or drugged boat operation plays a role in around 23% of boating fatalities. With the Fourth of July right around the corner and water-based fun being part of the celebration, you can be sure that the risk of BUI accidents will be high.

Victims do have legal options after being injured in a boating accident caused by impairment or any other form of negligence. A Miami boating and marine accidents lawyer can review your circumstances and explain the laws, since you may qualify for compensation. Still, it is wise to review some additional data to protect yourself and your family over this Fourth of July weekend.

Statistics on BUI and Boating Accidents

February 5, 2021

Recent Advancements Support Early Detection of Newborn Brain Trauma

by Gerson & Schwartz, P.A.

Possibly the most devastating news new parents will ever receive is a diagnosis that their infant suffered head injuries or traumatic brain injury (TBI). Various factors during gestation, during labor, and shortly after delivery can lead to serious, life-long medical conditions, including cerebral palsy, Hypoxic Ischemic Encephalopathy (HIE), or cognitive disorders. At such an early age, your newborn baby needs immediate and potentially extensive treatment. Limitations have impeded such efforts in the past, but a recently developed technology known as Magnetic Resonance (MR) Spectroscopy offers new hope for parents: This new scan could lead to detection of brain trauma in infants up to two years earlier than currently employed methods.

Though the MR spectroscopy cannot reverse the damage, it can inform physicians and parents regarding a life care plan for the child. In addition, the technology can be useful when you are seeking your legal remedies through a medical malpractice claim. You should discuss your options with a Miami birth injuries lawyer, but an overview of this brain scan may be useful.

Key Findings on Detecting Brain Trauma in Infants

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.

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