wrongful death

May 27, 2016

Fatal DUI Accidents and Wrongful Death in Florida

Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge. Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age. Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at (877) 475-2905 or contact us online to set up a FREE initial consultation.

January 1, 2016

Five Killed in 1-95 Crash in Miami Gardens

by Gerson & Schwartz, P.A.

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.

December 4, 2015

Florida Nation’s Leader in Work-Related Deaths

by Gerson & Schwartz, P.A.

The state of Florida has a serious work-related death problem, the causes of which are not entirely clear. With 221 deaths in 2014, Florida has the second highest rate of work-related deaths in the country based on population behind only Texas. Florida consistently ranks in the top three each year. If you had a loved one killed in a work-related incident, do not hesitate to contact a Miami Wrongful Death Attorney.

The Bureau of Labor Statistics reported that construction, transportation and warehousing, and administrative and waste services were the industries with the highest fatality rates in the state of Florida and nationwide.

Some of these work-related deaths were gruesome, such as one man being pulled into a wood chipper and another being buried alive at a construction site. But most work-related deaths could have been prevented if companies better adhered to standards and regulations set by the federal Occupational Safety and Health Administration. According to OSHA, the actual number of work-related deaths are probably much higher than the number reported because these figures do not take into account deaths due to long term, slow acting factors such as exposure to pesticides and other hazardous chemicals in the workplace.

November 27, 2015

Florida to Install Fences Around Train Tracks After Two Fatal Accidents this Month

by Gerson & Schwartz, P.A.

The Florida Department of Transportation is planning to install fences around Amtrak train tracks in Seminole County after the death of two pedestrians in November. FDOT anticipates spending $300,000 to place a 6-foot high chain link fence around four miles of tracks that pedestrians commonly cross. The two separate incidents that instigated the fence project occurred when a pedestrian crossed the tracks and was struck by the train. If you were injured or lost a loved one in a railroad accident contact a Miami Railroad Accident Attorney.

The first fatal incident occurred in downtown Orlando when a man crossed the tracks in broad daylight. Despite the conductor’s best efforts at attempting to stop the train, the train struck and killed the man on the tracks. The Orlando police describe the incident as an apparent suicide.

The second death happened in Altamonte Springs, a town north of Orlando, when a woman crossed the tracks at night and was killed by an Amtrak train. Police are still investigating the matter and the cause of the accident has not yet been determined.

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 16, 2015

In the Blink of an Eye, Everything Can Change

by Gerson & Schwartz, P.A.

A tragic car crash occurred in Miami resulting in the death of one person and serious injuries to seven others. News reports indicate that a vehicle was traveling east on Northwest Seventh Street when a collision occurred at the intersection with 35th Avenue. Two elderly individuals (one of whom passed away later on at the hospital) and six teenagers were involved in this awful wreck. Our team of Miami car accident lawyers are deeply saddened to hear about another preventable car crash in which live were forever changed.

This terrible crash is an example of just how precious life is and the fact that, in the blink of an eye, everything can be turned upside down. Just think, the elderly couple involved in this wreck was simply going about their day. Now, a spouse is dead and the other is left to pick up the pieces.

The six teenagers involved in the crash ranged in age from 17 to 19. Two of the teenagers had to be transported to Jackson Trauma Center due to the severity of their injuries. The students just finished with class at Green Springs High School when the crash occurred, according to 7 News.

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.

September 8, 2015

Xarelto May Cause Deadly Side Effects

by Gerson & Schwartz, P.A.

Far too often, our Miami personal injury attorneys read about a prescription drug causing serious, life-threatening side effects. Unfortunately, Xarelto continues this disturbing trend. Xarelto, manufactured by Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, is a blood-thinning drug approved by the FDA in July 2011. Xarelto is a new type of anticoagulant drug that has captured the US drug market in recent years. Drugs like Xarelto were originally designed as an alternative to Warfarin, a similar blood-thinning medicine that has been in the market since the 1950s. However, recent research shows that Xarelto too, is coming with its fair share of problems.

Xarelto has led to an increased danger of blood clotting related injuries like gastrointestinal bleeding and severe internal hemorrhaging, especially during surgeries or following accidents. Two FDA “boxed warnings” (also known as “black box” warnings) have been prominently included on the drug’s box. One warning informs patients that stopping Xarelto early can increase the danger of building more blood clots. The other warning label states that Xarelto can add to serious head and spinal injuries (epidural and spinal hematoma).

Xarelto manufacturers have been sued by numerous patients who suffered strokes, pneumonic embolisms, deep vein thrombosis, and heart attacks. Adverse Xarelto side effects can result in extensive hospitalization, lengthy medical bills and considerable time off from work. These damages are recoverable by victim who suffered Xarelto side effects or by the family of a loved one who lost their life due to Xarelto.

September 4, 2015

Railroad Accidents a Real Risk in Florida

by Gerson & Schwartz, P.A.

According to the Federal Railroad Administration Office of Safety, there has been a sharp increase in railroad accident deaths – from 301 deaths in 2014 to 363 deaths in 2015. A total of 22 of these railroad accident deaths have occurred in Florida in 2015. 22 lives were lost due to accidents that probably could have been prevented. In fact, 80% of Florida public railroad crossings remain unprotected by lights and safety gates. Our team of Miami personal injury lawyers find those statistics to be simply unacceptable.

Railroad accidents in Florida may occur because of:

Mechanical failure of the train or related hardware

July 20, 2015

Why You Should Hire a Miami Motorcycle Accident Injury Lawyer

by Gerson & Schwartz, P.A.

The Center for Urban Transportation Research (CUTR) and University of South Florida report that motorcycle accident injuries have increased by 50 percent and motorcycle fatalities have increased by almost 90 percent during the past decade. During the same period, traffic fatalities have reduced by 20 percent and traffic injuries have reduced by 10 percent. Why such a disparity? Well, the fact is that when a motorcyclist is involved in a serious accident, he or she usually takes the brunt of the damage and suffers potentially life-threatening injuries. A seriously injured motor bike rider should strongly consider hiring a Miami motorcycle accident injury lawyer to possibly pursue a claim on his or her behalf.

Studies conducted by the U.S. National Highway Traffic Safety Administration (NHTSA) showed that motorcycle riders have a have a higher fatality rate per unit of distance travelled as compared to four-wheeler automobiles, often as high as 35 times more than a passenger car. Yes, you read that correctly. If you or a loved one is operating a motorcycle, you are 35 times more likely to lose your life in an accident. This is mainly due to the fact that the operator of a motorcycle is largely exposed apart from his helmet-covered head, and naturally is at a much greater risk of severe injury upon collision with a larger vehicle, which is more than hundred times heavier than his own mass. Moreover, in maximum cases the car collides with the motorcycle in a head-on collision while taking a turn or cutting through an intersection, and results in immediate death.

If you or a loved one is the victim of a motorcycle crash caused by the carelessness of another driver, consider speaking to a Miami personal injury attorney with experience handling motorcycle accident cases.