personal injury attorney in Miami Tag Archives

April 30, 2021

Will Florida Repeal “No-Fault” Laws for Car Accidents?

After years of debate, measures have moved forward in both chambers of the Florida legislature to repeal the state’s 50-year-old motor vehicle no-fault law. Senate Bill 54 has already passed, while companion House Bill 719 was approved in the committee stage on April 19, 2021. The proposed legislation has been the subject of some controversy among lawmakers, insurance industry experts, and consumer groups, who argue over how eliminating the no-fault law will affect insurance rates.

Under the current no-fault rule, if you were injured in a Miami car accident, you would seek compensation from your own insurance company through your Personal Injury Protection (PIP) coverage. If passed and signed by the governor, Florida would essentially become a so-called “at-fault” state: You would file a claim with the at-fault driver’s insurance company to obtain monetary damages after a collision.

Obviously, the elimination of no-fault principles is a major reversal of existing law and will have considerable implications if you were hurt in a motor vehicle crash. Here are some things to know as the bills move closer to passage.

July 29, 2016

Cyclist Awarded Over $33,000 Following Road Accident

by Gerson & Schwartz, P.A.

Bicycle injuries are common across the world, and despite regulations and rules regarding bike safety, it does not appear that accidents have lessened. A recent case in Ireland is an example of how a cyclist can fight for his or her rights and obtain the compensation deserved following an accident. While not all cyclists have a case, if a bicycle accident was caused by another motorist, it may be wise to consider some type of personal injury lawsuit. This could help cover medical fees along with any other expenses related to the accident.

If you or a loved one have experienced a personal injury related to a biking accident, you may wish to seek an attorney that will help you obtain the compensation you deserve. The Miami personal injury lawyers at Gerson & Schwartz, PA provides a FREE initial consultation to discuss your case. Simply call (305) 371-6000 or toll free at (877) 475-2905. You can also contact us online at info@gslawusa.com.

Injured Cyclist Awarded Over $33,000

April 29, 2016

Bounce Houses Taking Flight

by Gerson & Schwartz, P.A.

Recently, on the beach of Fort Lauderdale, Florida, a young boy was playing in a bounce house when, all of a sudden, 85 miles per hour wind gusts triggered the bounce house to take flight causing the young boy to fall about 20 feet to the sand, breaking his arm. His parents filed a lawsuit against the city and the vendor, All Star Events, for damages. Said lawsuit alleges All Star Events was negligent in the way it assembled and secured the bounce house, failed to warn of the risks, failed to monitor the weather, and its failure to train personnel for emergencies, and other claims. The boy’s parents argue that All Star Events breached its duty of providing a safe environment for guests.

If you or a loved one sustained an injury at the fault of another person, it is imperative that you seek legal representation. Doing so will increase your chances of adequate compensation. The experienced Miami personal injury attorneys at Gerson & Schwartz, PA are here for you. Our attorneys have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 43 years.

Statute of Limitations

January 23, 2015

New Case Shows Judicial Neutrality Matters

by Gerson & Schwartz, P.A.

There are certain beliefs that we have about American justice that are crucial to an effective court system. One such belief is in the neutrality of our judges. That our judges will see our case impartially, without interference from public opinion, or their own personal beliefs. A recent case has upheld this idea, and it’s an important lesson in listening to what judges say while on the bench.

Judge Makes Comments During a Hearing

The case doesn’t involve a personal injury, but rather involves an insurance coverage dispute. A homeowners’ association (HOA) sued its own insurance company after the insurance company claimed that the insurance policy did not cover the repair of falling concrete in a parking garage.

April 21, 2014

Florida Federal Court Decision Discusses Insurer’s Attempt To Avoid Extending Uninsured/Underinsured Motorist Coverage

by Gerson & Schwartz, P.A.

Earlier this year, the U.S. District Court for the Southern District of Florida issued a decision in the case of Arnold v. Wausau Underwriters Insurance Company, discussing a circumstance under which an insurance company attempted to avoid extending uninsured/underinsured motorist coverage based upon some dubious paperwork. Our Miami car accident lawyers have extensive knowledge on this topic.

In the Arnold case, the plaintiff, Timothy Arnold filed a claim with Wausau Underwriters Insurance Company, for uninsured motorist coverage after Arnold was involved in a car accident while working for his employer, RJA. At the time of the accident, RJA held an insurance policy with Wausau, however, a dispute arose as to the terms of that policy.

Specifically, Arnold claimed that the policy provided $1 million in uninsured/underinsured motorist coverage. Wausau, on the other hand, contended that RJA had agreed to modify the policy two months after it was executed, and executed a form declining all Florida uninsured/underinsured motorist coverage. Based on the alleged modification, Wausau denied Arnold uninsured/underinsured motorist coverage for the accident.

Arnold sued Wausau in federal court, alleging that Wausau had breached its contract with RJA by failing to extend coverage for Arnold’s accident. Both Arnold and Wausau moved the District Court to grant judgment in their favor prior to trial. The Court denied both parties’ motions and ordered the case proceed to trial.

February 25, 2014

Florida Federal Court Decision Discusses Basis For Bad Faith Claims Against Insurers

by Gerson & Schwartz, P.A.

Last month, our Miami personal injury attorneys saw that the U.S. District Court for the Middle District of Florida issued a decision in the case of Cabrera v. MGA, discussing legal and factual basis upon which an insured can establish a claim against his or her insurer for a claim of bad faith.

A claim that an insurance company acted in “bad faith” is based upon the legal premise that an insurance policy constitutes a contract between the insured and insurance company, which includes an implied covenant of good faith and fair dealing. This means that the insurer must deal with the insured party honestly, fairly, and in good faith, to ensure that the insured receives the benefits of the contract to which he or she is legally entitled.

An insurance is considered to have acted in “bad faith” when it unreasonably withholds the benefits of the policy from the insured. The most common ways in which insurance companies act in bad faith are: intentionally delaying payment on a claim; denying benefits to a claim without reason; failing to investigate a claim; refusing to settle a claim; and/or refusing to fully compensate an insured for his or her losses.

December 16, 2013

Florida Legislature Considers New Law To Curb Hit-And-Run Accidents

by Gerson & Schwartz, P.A.

According to a recent article published by the Huffington Post, the Florida Legislature is now considering a new piece of legislation, entitled the “Aaron Cohen Life Protection Act,” named for a bicyclist that was killed on the Rickenbacker Causeway in 2012, that would increase the minimum jail sentences for leaving the scene of an accident to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death. The proposed legislation would also require a convicted offender’s license to be suspended for a minimum of three years. Our Miami hit-and-run accident attorneys will be paying close attention to any possible outcomes.

Under current Florida law, there is no minimum sentence for leaving the scene of a deadly accident. Florida law requires anyone involved in a car accident to remain at the scene and render aid and provide information. According to Florida Statutes Title XXII Section 316.027, “the driver of a vehicle involved in a crash…that results in the death of any person must immediately stop the vehicle…and remain at the scene.”

Leaving the scene of an accident where there is property damage is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail and a $500 fine. Leaving the scene of an accident involving injuries is a felony of the third degree and can result in a maximum penalty of five years in prison and a $5,000 fine. Leaving the scene of an accident in which someone dies is a felony of the first degree carrying a maximum penalty of 30 years in prison and a $10,000 fine.