negligence

January 1, 2016

Five Killed in 1-95 Crash in Miami Gardens

In late December five people were killed in a car accident on 1-95 in northern Miami-Dade County when a woman traveled the wrong way down the opposite lane and crashed into a sedan carrying four people. The woman was driving southbound in the northbound lane when she struck the sedan, killing all four people in the car. Two of the passengers were not wearing seatbelts and were ejected from the vehicle. Both vehicles were moving at a high rate of speed and collided head on. Two more people were sent to the hospital in critical condition.

The four people inside the sedan were family members getting together for the holidays. Jose Martin Labrador, 52, and Gisela Gil-Egui, 48, were husband and wife and both worked at local colleges. Labrador was the director of education technology at Housatonic Community College and Gil-Egui was a professor of communications at Fairfield University.

If you were injured or lost a loved one in a car accident, contact an experienced Miami Car Accident Attorney.

November 20, 2015

Fourth Settlement Reached Over Negligent Security in Apartment Shootings

by Gerson & Schwartz, P.A.

In November a Miami apartment complex settled its fourth negligent security case in four months. The 9-year-old son of a man shot in April was awarded $1.45 million because the apartment failed to provide adequate security precautions for its residents. If you have been injured or had a loved one killed on a premise with negligent security, contact a Miami Negligent Security Attorney.

This newest settlement was shortly preceded by three other settlements of three men who were shot at a Super Bowl party in the complex and one of the men was killed. The two surviving men and the family of the decedent received a combined $2.4 million settlement.

The lawyer of the case found that the apartment complex owners did not hire security guards or off-duty police officers to patrol the building, there were no security cameras, insufficient lighting and one of the gates meant to restrict access to the complex was missing. These are all serious blunders by the apartment administration that could have made it easier for shooters to gain access to the complex.

November 13, 2015

Passenger Killed in Miami High Speed Collision

by Gerson & Schwartz, P.A.

In the early morning following Halloween night, a driver lost control of a Chevy Camaro at a “high rate of speed” and veered into oncoming traffic, said the Traffic Homicide Unit for the Miami-Dade Police Department. The Camaro collided with a Dodge Charger causing one of the Camaro’s passengers to be ejected through the front windshield. The ejected passenger was pronounced dead on the scene. The remaining three people inside the Camaro and the driver of the Charger were taken to the hospital and are currently in stable condition.

If you or a loved one was injured or killed in motor vehicle accident contact a Miami Car Accidents Lawyer today.

The accident, occurring at the 5000-block of N.W. 32nd Avenue, was tragic on all accounts. Although Miami police are still investigating the exact causes of the accident, it does appear that the driver was likely driving over the speed limit and is likely at fault for the wreck. Drugs and alcohol have not been ruled out as contributing to the accident.

October 28, 2015

Hit-and-Run Accidents

by Gerson & Schwartz, P.A.

A 27-year-old British man was on vacation in Miami Beach, Florida when his life came to an abrupt and tragic end. The young man was hit by a convertible BMW and died at the scene of the collision. The driver of the car was reportedly operating the vehicle at around 100mph. Immediately after the collision, the at-fault driver got out of the car and fled the scene. Our team of Miami car accident lawyers are outraged by this story. This was such a senseless tragedy and the driver’s decision to leave the scene of the accident only makes the situation worse.

Leaving the Scene of an Accident is Both Morally Wrong and Against the Law

If you hit someone with your car, you have a non-delegable duty to remain at the scene of the accident. It is the right thing to do since the person you hit could have, as exemplified above, life-threatening injuries. Just leaving shows a complete indifference to human life. You also have a legal obligation to remain at the scene. Specifically, Florida Statute § 316.027(2)(a) states:

October 23, 2015

Drinking and Driving Can Be a Deadly Decision

by Gerson & Schwartz, P.A.

Drinking and driving is one of the most irresponsible and reckless decisions an individual can make. The risk of causing a catastrophic collision is so high and the ease of calling a taxi cab or using the Uber app to get a ride home is so easy. Simply put, the risk is not worth the ramifications. Unfortunately, not everyone understands the impact of his or her decisions. A recent example our team of Miami car accident lawyers discovered was the heartbreaking loss of a 10-year-old girl who was killed in an accident caused by an intoxicated driver.

The tragic collision involved a drunk driver who neglected to stop at a stop sign and slammed into the passenger side of a Chevrolet. The 10-year-old girl was sitting in the front passenger seat and died at the scene of the collision.

Drunk Driving Accidents are Preventable

October 12, 2015

Miami Wrongful Death Claims: Understanding Your Rights

by Gerson & Schwartz, P.A.

Two teenagers from Lakewood Ranch, Florida tragically died after an accident that left their vehicle split in half. One of the teenagers, a 17-year-old boy, was operating a Mercedes when he failed to negotiate a curve and crashed into a tree in the median, according to CBS Miami.

Both the driver and his 15-year-old passenger died as a result of the crash. Our Miami car accident injury attorneys are deeply saddened by this news. Losing anyone in a preventable car accident is a tragedy, but it is especially gut-wrenching when those taken from us are so young.

Florida Highway Patrol officials suspect speed may have played a role in the crash, but continue to investigate. If it turns out that speed was a contributing factor, the family of the 15-year-old passenger may have a basis to pursue a wrongful death claim. This is a claim based upon a state law known as the Florida Wrongful Death Act.

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

August 3, 2015

How Negligent Security Can Form the Basis for a Personal Injury Case

by Gerson & Schwartz, P.A.

You are walking to your car from the shopping mall in your neighborhood. You are attacked by an individual, despite the presence of security cameras surrounding the mall and the presence of a security officer supposedly patrolling the mall’s exterior. Is the mall or security company liable for your injuries? Answer: possibly yes. If you or a loved one was injured in an area that claims to be monitored by security cameras and security guards, you should speak to an experienced personal injury lawyer in Miami to discuss your legal options.

Negligent Security

Negligent security can occur in various places and in various forms. Some of the settings where negligent security occurs include shopping malls, night clubs, apartment complexes, hospitals, gyms, stadiums, amusement parks, swimming pools, airports, and even schools. The incidents resulting in injuries may include robbery, assault and battery, firearm injuries, or even rape.

July 28, 2015

Understanding Comparative Negligence for Your Miami Auto Accident Case

by Gerson & Schwartz, P.A.

When someone gets involved in an auto accident and suffers an injury, whether in Fort Lauderdale, Broward County, or any other area of Florida, they usually want the driver that hit them to be held responsible and cover their medical bills, lost wages, and other damages. However, you need to be aware of a legal doctrine known as comparative negligence. As Miami personal injury attorneys, we deal with this doctrine on a daily basis.

Understanding Comparative Negligence

If you partially contributed to the cause of the accident that resulted in your harm, a judge or jury can take that into consideration and compare the negligence of both parties. This comparison can result in a reduction in the amount of damages the other party has to pay, based on a determination of comparative negligence. For example, let’s say you are a pedestrian hit by a driver, but the evidence indicates that you were walking across the street in an area not designated for pedestrians. A judge or jury, applying comparative negligence, could determine that both you and the driver were negligent and apportion damages accordingly. They could, for example, determine that the driver was 75 percent negligent and you were 25 percent negligent and reduce any monetary damages award by 25 percent.