Personal Injury

The Florida Tort Reform Act of 2023

Published on: February 2, 2024 | by Gerson & Schwartz, P.A.

Blaming all of your problems on lawyers has been a popular recreational activity in Florida, and lawmakers finally found a way to capitalize on this sentiment in order to get votes. The Tort Reform Act of 2023 places new restrictions on the situations in which injured people may sue the parties legally responsible for their injuries, the amounts of money plaintiffs can recover in personal injury lawsuits, and the deadlines for initiating such lawsuits.

The ostensible purpose of the law is to reduce liability insurance costs for business owners, who are defendants in the majority of personal injury lawsuits with large damages awards. Injured people still have the right to receive compensation from the parties that caused their injuries or which failed to prevent the injuries when they had a responsibility to do so; it only means that plaintiffs and their lawyers must work more quickly and more thoroughly to build an airtight case. All of this means that if you have suffered a preventable injury, it is not too soon to contact a Miami personal injury lawyer.

The Deadline to File a Personal Injury Lawsuit Is Two Years After the Date of the Injury

Civil Lawsuits Filed After Sexual Assault on Miami Cruise Ship

Published on: January 5, 2024 | by Gerson & Schwartz, P.A.

Cruise vacations deliver memories for a lifetime, but once in a while, stories hit the headlines regarding onboard incidents that are truly shocking. In a recent news report, two women have filed lawsuits alleging sexual assault by a Margaritaville at Sea cruise ship bartender who had been serving them. The crew member stole one victim’s room key that she had used to charge drinks. Later, he entered the cabin after the two victims were asleep, raping both of them. One of the women became pregnant because of the encounter.

The crew member pled guilty to criminal charges following the incident, while the recently filed civil lawsuits seek damages against the Margaritaville cruise line. A Miami cruise ship accident lawyer can provide details on passengers’ rights, as this horrific incident raises questions about liability for the cruise line in light of criminal activity.

Criminal Charges for Sexual Assault

Tips for Depositions in Miami Personal Injury Cases

Published on: December 8, 2023 | by Gerson & Schwartz, P.A.

If you were injured in an accident that was someone else’s fault, you will need to participate in discovery to establish and narrow down the important facts in the case. As part of the process, it is likely that you will be called for a deposition by the legal counsel for the at-fault party. Florida civil procedure rules allow for depositions of parties, and these sessions are essentially an in-person interview where the opposing counsel will ask questions about the accident.

A deposition might seem intimidating when you have never been through one, so it is helpful to know what to expect. Your testimony, given under oath, could have a major impact on your case. Fortunately, your Miami personal injury attorney will prepare you for the process and ensure you feel confident going in. Plus, some tips on appearing for your deposition should be helpful.

Understand Your Oath

Should I Settle a Miami Cruise Accident Claim?

Published on: November 17, 2023 | by Gerson & Schwartz, P.A.

When the unthinkable happens, and you are injured on a Miami cruise vacation, the consequences for your trip are just the beginning. In the aftermath, you could suffer significant physical, emotional, and financial losses due to your injuries. The good news is that you have legal remedies, including filing an injury claim and suing in court. As part of the process, you may have the opportunity to settle your claim without litigation. A look at the latest statistics on personal injury claims reveals that this is a common outcome. Up to 95% of all accident cases are resolved via settlement rather than a trial.

Cruise ship accidents are a unique type of personal injury claim, but the principles of settlement still apply. The benefits are significant, so it is smart to carefully consider working out your case by agreement. You can count on a Miami cruise ship accident attorney to guide you in negotiations, and some information on the advantages will be helpful.

Benefits of Settling Cruise Ship Accident Claims

What Do the Criminal Courts Have to Do With Your Personal Injury Case?

Published on: October 27, 2023 | by Gerson & Schwartz, P.A.

Drunk driving is a crime, but not every person who causes a car accident while under the influence of alcohol gets criminal penalties. The civil courts and criminal courts operate independently of each other, so a Miami car accident lawyer can help you seek compensation if the drunk driver who caused your injuries was never convicted of DUI in criminal court.

How are Civil and Criminal Cases Different?

Most of the court cases you hear about on the news or see dramatized in movies are criminal cases, but most of the ones in which you or people you know well have been directly involved are civil cases. If you have ever gotten divorced, settled a deceased family member’s estate, or faced a lawsuit about an unpaid debt, the legal proceedings took place in civil court. Personal injury lawsuits are civil cases. As in many civil matters, the plaintiff in a personal injury lawsuit is asking the court to order the defendant to pay monetary compensation to the plaintiff to compensate the plaintiff for financial losses caused by the defendant’s negligence. The plaintiff can win the case if they can persuade that a preponderance of the evidence shows that the defendant’s negligence directly caused the plaintiff’s financial losses.

Complex Regional Pain Syndrome and Florida Car Accident Cases

Published on: October 20, 2023 | by Gerson & Schwartz, P.A.

If the injuries you sustained in a car accident do not affect your brain or spinal cord, then you have escaped the worst-case scenario, but plenty of other accident-related injuries can still cause chronic pain and make it difficult to work and engage in your usual daily activities. In some cases, the pain worsens over a period of days or weeks, which is bad enough when you and your doctors are just trying to find a way to manage the pain, but it is even worse when you are trying to persuade a car insurance company of how severe your accident-related injuries are. Getting injured is a financial burden, no matter the circumstances, but it is even more frustrating when you have to fight tooth and nail to get insurance companies to pay for your treatment. A Miami car accident lawyer can help you if your injuries feel worse than they look, and the at-fault driver or the insurance company is accusing you of exaggerating your symptoms.

Causes and Symptoms of Complex Regional Pain Syndrome

Complex regional pain syndrome (CRPS) is a set of troublesome symptoms that arise from an injury to a nerve in the arm, leg, wrist, or ankle. The nerve injury happens as a result of trauma to nearby bones or soft tissues. As a result, the syndrome affects an entire arm, leg, hand, or foot, the entire area controlled by the affected nerve. Symptoms include chronic pain, numbness or tingling, weakness, abnormal sweat production, abnormal growth of hair and nails, and changes to the color, temperature, and texture of the skin of the affected area. In some cases, the pain of CRPS is much worse than that of the acute injury that precipitated it. Some patients with CRPS are unable to work because their symptoms are so severe.

Dram Shop Liability and Other Kinds of Vicarious Liability

Published on: October 13, 2023 | by Gerson & Schwartz, P.A.

It only makes sense to file a personal injury lawsuit if the party you are suing has enough money to pay compensation for the financial losses you suffered due to their negligence. Personal injury lawsuits are not simply a game of laser tag where you take out your aggression against everyone who has ever done you wrong, nor are they a game of Whack-a-Mole, in which you clobber everyone within your reach until someone gives you money. In fact, personal injury lawyers help clients get their money by filing insurance claims at least as often as they sue. Identifying the parties legally responsible for the accident that led to your injuries is part of most clients’ first consultation with a personal injury attorney. If the driver who hit you is too broke to be worth suing, a Miami car accident lawyer can help you identify other parties that might be legally responsible for the accident.

The Concept of Vicarious Liability

Vicarious liability is where one person or entity is legally responsible for the actions of another. In car accident cases, plaintiffs most often invoke the doctrine of vicarious liability when the driver that hit them was driving as part of his or her job, and the vehicle belonged to the employer. For example, if you get into a collision with an Amazon delivery van and suffer serious injuries, you have the right to name Amazon as a defendant in a personal injury lawsuit arising from the accident.

Liability for Catastrophic Cheerleading Injuries in Miami

Published on: September 15, 2023 | by Gerson & Schwartz, P.A.

Cheerleading has become an exciting, thrilling sport for children of all ages, and it is no longer the simple leaps, high kicks, and shaking pompons in support of the team. Members of the squad are being tossed 25+ feet in the air, executing complicated aerial gymnastics as they fly. It is no wonder that cheerleading accidents are common, but data from the National Institutes of Health (NIH) is surprising. Around 35,000 cheerleaders present to emergency rooms every year, and cheerleading injuries represent more than half of all catastrophic injuries among female athletes. In fact, the rate of catastrophic injuries among cheerleaders exceeds injuries to male football players.

If you or your child was hurt in a cheerleading accident, you may wonder about your rights under Florida personal injury laws. Victims do have remedies, so it is critical to pursue them to ensure rightful compensation. You should make it a priority to retain a Miami catastrophic injuries attorney for assistance, but some information on the risks and liability for cheerleading accidents is useful.

Types of Catastrophic Injuries from Cheerleading Accidents

Major Updates in Camp Lejeune Claims Offers Elective Option

Published on: September 1, 2023 | by Gerson & Schwartz, P.A.

If you have filed or are considering filing a claim as a victim of water contamination in Camp Lejeune, you might already realize that the litigation is moving along at a snail’s pace. The Camp Lejeune Justice Act was passed in August 2022, authorizing members of the military to seek damages after developing cancers and other medical disorders due to exposure to contaminated groundwater. To date, no claims have been resolved. However, the US Department of Justice (DOJ) recently announced the availability of the Elective Option, which could get eligible victims paid quickly.

The Elective Option is a positive development as far as expediting compensation, but it may not be the best option for everyone. There are still many unknowns, and you may not receive the monetary damages you deserve. It is wise to consult with a Miami Camp Lejeune claims lawyer for details on the Elective Option and read on for an overview.

How the Elective Option Works

Steps to Take if You Suspect Your Child Has a Concussion

Published on: July 28, 2023 | by Gerson & Schwartz, P.A.

Children are physically active, play hard, and participate in sports, often not realizing the risk of serious injuries. Unfortunately, kids often do not appreciate the fact that they suffered a head injury. Parents must be vigilant, as there can be serious medical implications when a child’s developing brain suffers trauma. Experts at the US Centers for Disease Control and Prevention (CDC) warn that concussion can disrupt a child’s development and limit their ability to participate in recreational activities, important parts of becoming an adult.

As the parent of a young child or one that tends to ignore injuries, it is up to you to take action when you suspect a concussion. Your To-Do’s center on your child’s health and well-being, but there are some tasks that are necessary to protect your legal rights under Florida law. You can trust a Miami child injuries lawyer to handle the process, and keep in mind the following steps:

Look for Symptoms of Concussion