Florida personal injury attorneys

January 15, 2020

As Surviving R. Kelly Part II Premieres, Sexual Assault Civil Cases Proceed

Just a year after the first season shocked and appalled viewers who got a glimpse into the disturbing world of hip-hop artist R. Kelly, the latest installment of Surviving R. Kelly Part II: The Reckoning began airing its second season on the Lifetime Network. Entertainment Weekly covered the story in a January 6, 2020 article, revealing some of the key updates and developments that occurred over the last 12 months. The performer is now facing 21 counts of sexual assault and abuse at the state level, along with a federal indictment that includes 13 counts of sex crimes.

In addition, many survivors of R. Kelly’s alleged sexual assault are taking legal action in civil court to recover monetary damages for their losses. A Miami personal injury attorney can explain how these cases work, the ways they differ from criminal matters, and why various hurdles could affect your rights.

Legal Liability in Sexual Assault Civil Claims

December 27, 2019

What is Florida’s 14-Day Law in Car Accident Claims?

by Gerson & Schwartz, P.A.

You may be familiar with Florida’s four-year statute of limitations on filing a car accident lawsuit, but you are probably not aware of another crucial deadline — the 14-day time limitation on getting medical treatment for your injuries. For some auto crashes, the deadline will not be an issue because you are badly hurt and need emergency care. However, for certain types of injuries, victims may not experience pain or other symptoms for quite some time – making the 14-day time limit an important factor.

A Miami car accident attorney can explain the laws and relevant legal concepts in more detail, but you can read on for some background information.

Overview of Florida’s Insurance Laws

December 12, 2019

Examples of Comparative Negligence in Miami Car Accidents

by Gerson & Schwartz, P.A.

While it is true that some Miami car accidents leave no doubt in terms of who caused the incident, there are many others that are not so clear-cut. Most auto collisions involve multiple contributing factors about which motorist’s conduct was a primary or secondary cause, and Florida’s law on comparative fault addresses this type of situation. The statute states that your potential compensation in a motor vehicle crash claim may be reduced if your own actions are linked to the accident. Your monetary damages are decreased proportionally by the percentage of your fault.

In other words, you not only need to prove that the other driver was at fault – but you also need to present evidence that you were NOT, or that your contribution to the accident was minimal. A Miami car accidents attorney can explain the details, since contributory fault involves many of the same negligent acts you might allege against the other motorist. For instance, you could receive less in compensation if you were:

Speeding: When you are speeding, you have less time to react to traffic-related threats that can cause an accident. As such, even though the other driver may have been at fault by engaging in other careless actions, you could also contribute to the incident because you were traveling faster than what officials have set as the safe speed limit for that particular area.

September 3, 2019

How to Calculate Pain and Suffering in a Florida Personal Injury Claim

by Gerson & Schwartz, P.A.

The consequences of an injury-causing accident can be extensive, going beyond the costs of medical treatment and lost wages when you cannot work. There are effects for your quality of life, routine, and personal relationships, which could be long-term. You could also suffer emotionally because of your injuries, as depression, difficulty sleeping, anxiety, and other medical conditions are common.

Florida law allows you to recover compensation for these issues, which are commonly referred to as pain and suffering. However, there must be some basis for proving them to receive these amounts as monetary damages. Talk to your Miami personal injury lawyer about the details, and read on for some general information.

Understanding Pain and Suffering

August 16, 2019

What Miami Accident Victims Need to Know About Burn Injuries

by Gerson & Schwartz, P.A.

The American Burn Association reveals that an average of 486,000 people are treated for burn injuries every year, whether in emergency rooms, hospitals, urgent care centers, clinics, or private medical offices. Many of these burns were the result of vehicle crashes, but defective products, dangerous household appliances, and workplace accidents also rank high on the list. Burns are a unique type of injury because they are excruciatingly painful. Plus, scarring and disfigurement can be severe, often leading to psychological issues and emotional distress.

Fortunately, Florida law provides you with rights if you suffered burn injuries in an accident that was not your fault. These claims can be complicated, however, so you will need solid representation from a Miami personal injury attorney. Some general information about burn injuries may also be useful.

Types of Burn Injury

July 31, 2019

Reasons Insurers Reject Miami Car Accident Claims

by Gerson & Schwartz, P.A.

When you are hurt in a Miami auto collision, your first step in seeking compensation for your losses is to file a claim with the responsible driver’s insurance company. Like many victims, you might expect the process to be clear and simple — complete the necessary forms, send them to the insurer, and wait to receive payment. You may be shocked and dismayed when the response is an outright rejection of what you believe is a valid, legitimate claim.

Though it may provide seemingly valid reasons for a denial, the primary motivation of the insurance company is to look out for its own interests. Your claim is a threat to profits, so the insurer will seek any possible reason to reject or make a low counteroffer to resolve your claim. Do not put your rights at risk by accepting anything less than what is fair and reasonable to compensate you for your losses. With help from a Miami car accident attorney, you can recover the highest amount of compensation allowed by law – even when the insurance company responds to with any of these excuses.

You Delayed Filing Your Claim: It is true that Florida has a four-year statute of limitations on motor vehicle crashes based upon negligence, but this time period refers to filing a lawsuit in civil court. You should file a claim with the responsible driver’s insurance company as soon as possible after an accident. When you wait, key evidence may be unavailable and your recollection about the collision will become foggy.

July 29, 2019

Mediation in a Miami Personal Injury Case

by Gerson & Schwartz, P.A.

If you were hurt in an accident and have exhausted settlement negotiations with the responsible person’s insurance company, the next step is filing a lawsuit in court. As part of the proceedings, you may be required to engage in a process called mediation, so it is important to understand what to expect. Your Miami personal injury lawyer can explain mediation and will be at your side to ensure the protection of your legal rights. However, some answers to common questions about mediation may provide a helpful overview.

What is Mediation?

In sum, mediation is an informal hearing during which the parties sit down with a mediation professional who attempts to guide them toward compromise in a personal injury case. The mediator is an impartial, neutral party who is specially trained to encourage productive conversations and effective communication. Through these efforts, the parties are often able to resolve differences and come to a mutually acceptable settlement regarding compensation.

July 24, 2019

Stop on Red Week in August: Florida Tops the List for Most Dangerous

by Gerson & Schwartz, P.A.

The Florida Department of Transportation (FDOT) hosts various events and initiatives throughout the year to promote safety on the state’s roads, and the upcoming “Stop on Red” Week will highlight the importance of obeying traffic signals. Starting August 4 – 10, 2019, FDOT will be posting helpful articles and tips on social media to remind drivers of the laws intended to prevent fatal and injury-causing accidents.

Stop on Red Week has been successful throughout the US in raising awareness, but there are still drivers who intentionally or carelessly run through red lights. If you were hurt in a red light crash, you should consult with a Florida car accident attorney regarding your rights. You can also read on for an overview of the main points of the red light initiative.

Why Red-Light Runners Create Significant Risks

July 19, 2019

“Walkable” Miami, FL is Still Hazardous for Pedestrians

by Gerson & Schwartz, P.A.

For anyone who enjoys getting around the city, Miami’s WalkScore of 79 out of 100 points should come as no surprise. The year-round warm climate, spectacular water views, and luxurious beaches offer plenty of reasons to walk and enjoy the outdoors. Plus, the mayor closes major roadways to motor vehicle traffic once a month, allowing pedestrians and bicyclists to take to the streets.

Of course, there can be a downside to foot-based transportation. Pedestrians are at risk of serious injuries when motorists are careless behind the wheel. Fortunately, state law provides you with rights as a victim, and a Florida pedestrian accident lawyer can help protect them. In addition, you may find it useful to review some general information about these cases.

Common Causes of Pedestrian Accidents

July 17, 2019

Uber and Lyft Accidents in Florida: What Victims Need to Know

by Gerson & Schwartz, P.A.

There is no question that getting around town by Uber, Lyft, or other rideshare is convenient, but that does not make it safer. Any vehicle on the roadway is at risk of an accident, including those that are part of a “transportation network company” (TNC), as these services are defined by Florida law. The same statute also regulates the operations of TNCs and provides certain requirements for insurance purposes in the event of the accident. It is good to know that you are covered in an Uber/Lyft crash that was not your fault, but the legislative landscape does make these matters more complex than a typical collision. You should discuss your circumstances with a Florida car accident attorney.

TNCs and Insurance Requirements in Florida

As of January 2017, Florida made certain insurance coverages required for TNCs and the drivers who use their digital services to provide ridesharing services. The insurance must cover the TNC driver as follows: