settlement

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?

November 20, 2023

Should You Settle Your Personal Injury Case or Go to Trial?

by Gerson & Schwartz, P.A.

People threaten to sue each other all the time, but only a small fraction of these lawsuits actually materialize. Perhaps, at the scene of the car accident that caused your injuries, the other driver even threatened to sue you, even though it was obvious to everyone that the other driver bore most of the fault for the accident. Empty threats aside, people who genuinely intend to sue often change their minds once they realize the amount of work that goes into filing a lawsuit and preparing for trial. Being a plaintiff in a civil lawsuit is as stressful as being a defendant. Personal injury lawyers might advertise that they fight to the finish, never settling and never compromising, but fighting is not the main goal of a personal injury lawsuit. The goal is to get the money you lost as a result of an accident that the defendant caused, and getting the money after less conflict is just as good as, if not better than, getting the money after more conflict. A Miami car accident lawyer can help you get the money you need after an accident, with or without a lawsuit or a trial.

Personal Injury Lawsuits are About Getting the Money You Need, Not About Having the Last Word

If you file a personal injury lawsuit, the chances that you will receive a settlement are much greater than the chances that you will go to trial. During the discovery process, where the plaintiff and the defendant notify each other of the evidence that they intend to present at trial, it will become obvious to the defendant that the defendant is legally responsible for your injuries and the financial losses associated with them. Most of the time, the defendant will offer to settle for an amount that the defendant considers sufficient to cover your accident-related medical bills and lost income. At that point, your lawyer and the defendant’s lawyer simply negotiate until they arrive at a settlement amount that both parties consider acceptable.

April 15, 2023

Mistakes to Avoid When Settling a Miami Truck Accident Claim

by Gerson & Schwartz, P.A.

Truck accidents are responsible for causing massive devastation, injuries, and loss of life when they occur, so it is a blessing to know that they represent a small percentage of the total crashes in Florida. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are approximately 10,100 collisions involving tractor-trailers, semis, 18-wheelers, and other large trucks annually. This figure is just 2.5% of all accidents on Florida roadways, but these incidents are still tragic. Almost 350 people are killed and more than 5,160 are injured in truck crashes every year. Crunching the numbers shows that 55% of all truck collisions lead to at least one casualty.

Fortunately, victims of truck crashes have legal remedies. Many of these cases settle out of court, but it is critical to ensure the agreement is fair. Mistakes with settlement can harm your interests, and one of the biggest errors is trying to negotiate an agreement yourself. Instead of putting your rights at risk, work with a Miami truck accident lawyer to avoid the following pitfalls.

You are still in treatment for your injuries. Beyond the emergency care and immediate treatment, you may be seeing medical specialists and health care providers for months after a truck crash. Therefore, you do not have a total of what your medical care will cost, and these expenses comprise a considerable portion of your compensation.

July 3, 2020

The Risks of Accepting a Miami Personal Injury Settlement Too Quickly

by Gerson & Schwartz, P.A.

Victims of vehicle crashes, slip and fall incidents, and other accidents are often surprised to learn that most of these cases are resolved before trial via out-of-court settlements. The US Bureau of Justice Statistics reports that just 4-5% of all personal injury claims are decided by a jury or judge, so the remaining cases never get to the verdict stage. This might sound like good news if you were hurt in an accident, since it means you do not need to go to court and can recover compensation as soon as you agree to the settlement amount.

However, there are significant risks involved with settling too quickly. Even though a settlement offer might seem attractive, you could make a critical mistake by accepting before you understand the big picture. Some general information should convince you why you should trust a Miami personal injury attorney to represent you in connection with settlement negotiations.

The Role of the Insurance Company

May 8, 2020

What is the Difference Between a Claim and a Lawsuit?

by Gerson & Schwartz, P.A.

Legal terminology can be complicated for anyone without a background in law, which is why there is often confusion over what happens after someone is hurt in a personal injury accident. Even if you know that you have options to recover compensation for the party responsible for causing your injuries, exercising your legal rights does not always mean going to court. You may be able to obtain monetary damages, including medical costs, lost wages, and pain and suffering, through a settlement.

This scenario and other details often lead people to misunderstand the difference between a “claim” and a “lawsuit.” In short, these two terms describe two distinct – yet potentially overlapping – stages of the legal process. You can learn the specifics by speaking to a Miami personal injury lawyer, but an overview of claims versus lawsuits may be helpful.

Claims Involve Insurance Companies

April 22, 2020

Warnings About Signing a Release After a Miami Car Accident

by Gerson & Schwartz, P.A.

According to the Florida Department of Highway Safety and Motor Vehicles Traffic Crash Facts, there are more than 248,000 people hurt in Florida car accidents every year, and almost 32,500 injured victims in Miami-Dade County alone. For many of these individuals, the legal process for recovering compensation starts with filing an insurance claim. You might be working with your own insurance company, since Florida is a no-fault state; however, in some cases, you will file a third-party claim with the insurer for the responsible driver.

In either situation, you may be presented with a “release,” a document that carries very important implications for your rights as a victim. As such, you should always consult with a Miami car accident lawyer before signing, and these warnings about releases should convince you of the reasons why.

You Give Up Your Rights: The point of a release is to resolve your auto crash claim with the insurance company. In exchange for your signature, the insurer will offer a payout to cover your losses, with the stipulation that you have no further rights or remedies. When you are injured and facing an uncertain financial situation, the settlement amount may seem attractive. However, by giving up your rights, you risk being under-compensated.