Personal Injury

Scenic, Safe Routes for E-Scooters in Miami

Published on: July 21, 2023 | by Gerson & Schwartz, P.A.

E-scooter-sharing services are popular as a way to get around for work and errands, and statistics from recent years are proof. According to the Governors Highway Safety Association (GSHA), there were 52 million e-scooter trips in 2021 – up more than 50% from the previous year. These vehicles are affordable to rent, easy to park, and convenient in highly congested urban areas like Miami. Plus, they are also a fun way to see the city’s sights, attractions, and neighborhoods. It is true that you can ride your bike, but using an e-scooter is cooler and more enjoyable in the tropical climate of South Florida.

However, e-scooters are not permitted in all areas of Miami. The nature of the sharing services has made it necessary for officials to limit where you can ride for the safety of all road users. However, there are still plenty of routes that are both scenic and safe so that you can avoid the risks of e-scooter accidents in Miami. Check out the following when you are up for a ride.

1. Ocean Drive: If you want to experience city action on one side and gorgeous beach views on the other, head to South Beach and ride along Ocean Drive. There are designated bike lanes that are accessible to e-scooters and several parks along the route for a quick stop to rehydrate. If you want a longer rest, countless restaurants and bars line the length of Ocean Drive.

Civil Suits for Child Crime Victims: Factors Parents Need to Know

Published on: June 2, 2023 | by Gerson & Schwartz, P.A.

Society looks at violent crimes against children as being absolutely reprehensible, so all US states have laws that enhance criminal charges when the victim is a minor. Unfortunately, statistics from the US Department of Justice (DOJ) reveal that harsh punishment for offenses does not deter criminal activity. Around 40% of American children are the direct victims of violent crime or abuse, including assault, battery, sexual assault, molestation, and many others. For a child, the physical pain may be significant, but the emotional and psychological effects are also profound.

In Florida, it is possible for parents to seek justice after their child is the victim of a crime. You can pursue the offender, as well as any property owner or party that negligently allowed the offense to happen. However, there are some laws that make these civil cases different from personal injury cases involving adults. A Miami crime victims attorney can explain details on the important factors when a child is the victim of a crime, and some general information is useful.

Statute of Limitations

What is the Glasgow Coma Scale?

Published on: May 5, 2023 | by Gerson & Schwartz, P.A.

Accidental injuries can cause serious harm to any part of the body, but there are significant concerns when a victim suffers a concussion, traumatic brain injury (TBI), or other types of catastrophic head injuries. Because time is of the essence, healthcare providers use a scoring method to assess the level of consciousness of the victim following a TBI: The Glasgow Coma Scale (GCS). The National Institutes of Health (NIH) explains that the analysis is a reliable, effective way to determine a person’s cognitive awareness at the scene of an accident, in the emergency room, and in hospitals. The GCS scoring method is also applied afterward to evaluate progress or deterioration during recovery.

If you or someone you love suffered in an accident, you will probably encounter the GCS frequently during the course of treatment. Fortunately, the scoring system can be useful as evidence when pursuing legal remedies after a vehicle crash, slip and fall, sports injury, or other accident. Your Miami catastrophic injuries attorney will determine how to best leverage the information, but understanding the GCS is helpful.

Three Areas of Assessment

New Law in Florida Affects the Rights of Accident Victims

Published on: April 14, 2023 | by Gerson & Schwartz, P.A.

Unless you work in the legal field, you may not be aware of a measure recently passed by the Florida legislature and signed into law by the governor. However, if you are the victim of any type of accident in the state, the new statute could have profound impacts on your rights. Florida lawmakers enacted a tort reform measure in March 2023, which contains multiple provisions that change civil remedies and damages in personal injury cases. The biggest supporters of the law celebrated when it went into effect, namely the insurance companies that will always try to find ways to pay victims as little as possible.

If you were hurt in an accident, there are three key provisions in the new law that affect your claim. You can count on your Miami personal injury attorney to tackle the challenges, as well as the other complexities that arise in any case. Still, to give you a better understanding of this tort reform, some basics are useful.

Three Important Takeaways from Florida Tort Reform

Tips to Avoid Miami Boating Accidents Related to Towed Water Sports

Published on: March 31, 2023 | by Gerson & Schwartz, P.A.

In a state that is almost completely surrounded by water and contains thousands of waterways within its borders, you can expect that boating is a popular activity in Florida. In fact, according to statistics from the Fish and Wildlife Conservation Commission (FWCC), the state ranks #1 for registered vehicles. There are more than 1 million water vessels of all sizes and types that are licensed for recreational purposes. Of course, this data also puts Florida among the Top US states for boating accidents. Every year, there are almost 850 total reportable incidents, leading to 70 fatalities and approximately 470 injured victims.

Responsible boaters are well aware of the laws, navigation rules, and safety tips for operating a motorized watercraft. However, it is worthwhile to focus on another type of casualty: Accidents involving the fun water toys towed behind the boat. There are additional rules to follow, and these activities open a whole new world of safety issues. A Miami boating accidents attorney can assist if you or a loved one was hurt in an on-the-water incident, though some tips are useful for avoiding them.

Important Definitions

Helmets Protect Against Risks of TBI in Children

Published on: March 24, 2023 | by Gerson & Schwartz, P.A.

It may not surprise you to learn that children under 14 years old comprise the highest rate of emergency room visits for traumatic brain injury (TBI), but you might be shocked to learn the health effects. The US Centers for Disease Control and Prevention (CDC) reports that the implications for children are very different compared to adults with fully developed brains. TBI could disrupt the child’s thinking and behavior, in turn affecting social skills, learning, and proper brain development.

TBI occurs when a person is subjected to a violent blow or jolt to the head or the skull is penetrated by an object. Considering how kids are drawn to physical activities, sports, and recreation, it is easy to see why they are often victims of head injuries. Fortunately, some of these threats can be eliminated or reduced by wearing a helmet. Help from a Miami child injuries lawyer is crucial if your child was involved in an accident, but some information about helmets should be convincing.

Wear a Helmet for Risky Activities

Proposed Changes to Florida Negligence Laws Could Impact Your Accident Claim

Published on: March 3, 2023 | by Gerson & Schwartz, P.A.

One of the key concepts in a Florida accident claim is negligence, in which the actions of the at-fault party are evaluated to determine if they breach the duty to exercise reasonable care. Negligence is also a factor when reviewing the victim’s conduct. When they are also negligent, victims may lose out on a percentage of their compensation. Under current law on comparative fault, a person’s monetary damages are reduced if their actions contribute to the incident. However, under a new bill under consideration by Florida lawmakers, there is a possibility that you might be prohibited from obtaining any compensation at all.

The measure has a long way to go before it becomes a law, but it is important to understand how it works. A look at the proposed changes can also help you grasp what the existing statute says about monetary damages in accident cases. You can trust a Miami personal injury lawyer to provide personalized advice, but some background is useful.

Current Law on Comparative Fault

How to Report Nursing Home Abuse in Florida

Published on: February 3, 2023 | by Gerson & Schwartz, P.A.

If you observe nursing home abuse in a Florida assisted living facility, one of the first things on your mind is notifying the proper authorities and getting officials to take appropriate action. Every US state has a procedure for reporting misconduct, and the Agency for Health Care Administration (AHCA) is tasked with processing complaints in Florida. You can call to speak to a representative and be prepared to provide all relevant details. Alternatively, you can file a form online and include a description of your concerns. The Complaint Administration Unit will conduct an investigation and determine how to proceed, possibly requesting additional information from you.

However, even the most outrageous forms of nursing home abuse may only lead to criminal penalties and/or fines paid to the government. You will need to pursue civil remedies to recover damages, so your main priority after filing an AHCA report is retaining a Miami nursing home abuse lawyer. There are also a few additional tasks to keep in mind.

Next Steps After Reporting Nursing Home Misconduct

Can a Judge Reduce Damages Awarded in a Florida Car Accident Case?

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

When settlement negotiations and mediation are unsuccessful in resolving a car accident claim, you will need to take your case to trial to recover the compensation you deserve. Though every matter is different, you can consider it a win when the jury comes back with a verdict in your favor and indicates the award amount. However, a judge still has the final say under Florida’s statute on remittitur and additur, legal jargon for increasing or decreasing damages. If the judge finds that the award is improper, it could be reduced.

It might seem unfair that the court could change the amount that a jury has found to be reasonable. Still, the statute is clear: Lawmakers intended to bring practicality and logic to the civil court system, so it is in the best interests of Florida motorists to allow a judge to make adjustments. A Miami car accident attorney can explain details, but some background on this law is useful.

Factors Judges Weigh in Modifying Jury Awards

What Information Goes in a Demand Package for a Personal Injury Case?

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

In a year when most health focus was on the pandemic, unintentional death and injury numbers may have been overlooked in 2020. However, the National Safety Council (NSC) compiled statistics from the same time period and reported some disturbing trends. Accidents claimed the lives of around 201,000 people, an increase from the 173,040 fatalities recorded for 2019. Plus, 55.4 million victims sought medical care at emergency rooms for unintentional injuries, with the top causes being motor vehicle crashes, slip and falls, and workplace accidents.

Fortunately for victims, most of these incidents are covered by the at-fault party’s insurance. Motorists, businesses, and property owners carry liability policies to protect against accidents, so you will need to file a claim with the insurer to recover compensation. There is more to the process than filling out some forms, as you will need to submit a settlement offer and demand to the company. Your Miami personal injury attorney will prepare the necessary documents, but it is helpful to know what goes into the package.

Facts of the Accident