Personal Injury

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

How to Prove the At-Fault Driver Was Drunk in a Florida DUI Accident

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

Drunk driving accidents claim the lives of thousands across the U.S. every year, and data from state officials reveal how the problem affects Florida motorists. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 5,000 crashes annually involving intoxicated drivers. Approximately 375 people are killed in these incidents, while more than 3,000 victims suffer injuries in DUI collisions. Fortunately, you do have rights under Florida law if you were hurt by a drunk driver. You may qualify to recover compensation for your physical, financial, and emotional losses.

Though you might think your rights are clear when an intoxicated driver causes a collision, there are still complications with DUI crashes. You will need solid evidence of fault, so proof of impairment is critical. There are multiple sources of evidence for your case, and a Miami DUI accident lawyer will be thorough in gathering strong factual support. Some basics will help you understand what information might be useful.

Evidence for DUI Crashes

Tips to Protect Children When Vacationing at a Miami, FL Resort

Published on: December 30, 2022 | by Gerson & Schwartz, P.A.

Florida has long been a hot destination for family and vacation travel, and recently released data indicates that the trend will continue. University of South Florida researchers estimated that more than 35 million people visited the Sunshine State during the third quarter of 2022, an increase over the same period last year. These figures are also an increase over the third quarter of 2019, so there are signs that the travel industry has moved on from the consequences of the pandemic. Compared to July 1 to September 30 of 2019, tourism data for the same quarter of 2022 was 8% higher.

Many families head to South Florida for vacation, with the beaches, parks, and resorts being top attractions. There are plenty of activities for children, but it is important for parents to realize accidents are a common risk. You should discuss your legal options with a Miami resort tort lawyer if your child was hurt since these facilities are obligated to provide a safe space. To avoid having an accident ruin your vacation, consider the following tips.

Carefully Supervise Around Pools

Four Requirements for Filing a Camp Lejeune Water Contamination Claim in Miami

Published on: December 16, 2022 | by Gerson & Schwartz, P.A.

Though you may have seen an increase in the news coverage about Camp Lejeune water contamination in recent months, the origin of the story dates back to the early 1950s. This is when researchers have estimated that members of the military, their families, and some civilians working on base were first exposed to toxins in groundwater. For the next several decades, those who developed medical conditions related to the contamination had little or no legal recourse. However, lawmakers enacted the Camp Lejeune Justice Act of 2022 (CLJA) on August 10, 2022, opening the door for victims to seek monetary damages for their losses.

If you suffer from a medical condition or lose a loved one, passage of the statute means you finally have access to remedies that were prevented by government immunity concepts. However, there are still requirements for recovering compensation. To avoid putting your rights at risk, trust a Camp Lejeune water contamination claims lawyer in Miami for assistance. Some of the requirements include the following:

Time of Service

Do Advanced Vehicle Safety Features Reduce Miami Car Accidents?

Published on: December 9, 2022 | by Gerson & Schwartz, P.A.

You might expect that the risk of auto crashes is lower when a vehicle is equipped with the latest safety technology, but the data provides solid, numerical proof of this point. According to the Insurance Institute for Highway Safety (IIHS), automatic emergency braking reduces rear-enders by up to 56%. At the same time, blind spot detection decreases the likelihood of a lane-changing accident by 23%. One of the most profound impacts comes from rear automatic braking. When functioning in conjunction with a rearview camera and parking sensors, the potential for a collision while in reverse drops 78%.

Knowing these statistics probably places you in one of two camps: You either have a vehicle with advanced safety features, or you want to make sure your next one does. The data is clear that this technology is your best bet for reducing Miami car accidents and protecting occupants. To become better acquainted with available options, have a look at the categories of advanced safety features.

Collision Warnings

Risks of Road Rash with Miami E-Scooter Accidents

Published on: November 25, 2022 | by Gerson & Schwartz, P.A.

Vulnerable road users get their name for a reason, comprising a group of individuals who are not traveling in vehicles that protect their safety with a metal shell. Motorcyclists, pedestrians, and bicycle riders fall under this umbrella, but some new vulnerable road users are capitalizing on the recent popularity of e-scooters. There are many advantages of renting or owning an electric scooter, and these vehicles are especially appealing to young people who appreciate their convenience, flexibility, and reasonable cost.

However, these benefits can be overshadowed by the risk of crashes with larger, faster motorized vehicles. Those accustomed to traveling in an enclosed auto may be unfamiliar with a unique, extremely painful type of injury that tends to affect e-scooter operators: Road rash. This trauma is a friction wound to the skin, but it is surprising how a seemingly minor injury could carry significant risks. A Miami e-scooter accident lawyer will assist with your remedies.

Overview of Road Rash Injuries

Overview of Punitive Damages in Florida Personal Injury Cases

Published on: November 18, 2022 | by Gerson & Schwartz, P.A.

Most personal injury accidents happen because someone was careless, and though the conduct may not have been intentional, Florida law still allows victims to recover damages. You may qualify to receive amounts for medical costs, pain and suffering, and emotional distress as compensation for your losses. However, there are instances where the wrongdoer’s actions go beyond mere carelessness. The person or entity crossed the line into reckless, wanton, and potentially even criminal conduct. In such a case, a victim may have grounds to seek additional amounts under the Florida punitive damages statute.

As the term suggests, this class of damages aims to punish the at-fault party for misconduct. Because punitive damages can significantly increase the amount a victim can recover, the bar is quite high for obtaining these damages. A Miami personal injury attorney can explain how they work and whether pursuing punitive damages is appropriate in your case. Plus, a summary is useful as background.

Application of Florida’s Statute on Punitive Damages

Five Things to Do After a Maritime Accident in Miami

Published on: November 11, 2022 | by Gerson & Schwartz, P.A.

Maritime employees work in amazingly dangerous conditions, so it is a relief to know that there are multiple programs under federal law that are akin to workers’ compensation. Though the qualifying criteria vary, the Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and Death on the High Seas Act (DOHSA) are just a few of the laws that allow injured employees to recover benefits after a maritime accident.

No matter which statute applies to your situation, you must comply with the statutory requirements and follow proper procedures to pursue a maritime accident claim. These issues are complicated, so you should rely on your Miami maritime injuries lawyer for details. Still, your rights also depend somewhat on your actions after the accident, and some tips on things to do will help guide you.

Get Medical Care: Your first priority is getting treatment for your injuries, so head to the ER or an urgent care facility right away. Even if you believe the harm to be minimal or you do not know how badly you were hurt, it is important to see a doctor to ensure your maritime injuries are documented via your medical records. When you do seek medical care, make sure to tell your treating physician that your injuries were the result of work-related conditions.

Who is Most Prone to Accidental Traumatic Brain Injury?

Published on: October 28, 2022 | by Gerson & Schwartz, P.A.

Traumatic brain injury (TBI) may occur anytime the head is subjected to a bump, blow, or jolt, and it is a top cause of death and disability in the US. The US Centers for Disease Control and Prevention (CDC) reports that TBI leads to around 175 fatalities every day, and these head injuries are a factor in 25% of all accidental deaths nationwide. Plus, approximately 223,000 people are hospitalized for TBI annually, with medical complications and long-term consequences that have a profound impact on the victim’s life.

The CDC also stresses that TBI is preventable with the exercise of due care. Unfortunately, there are parties that engage in negligent, careless acts that increase the potential for accidents. Florida personal injury laws cover these situations, so you should consult with a Miami catastrophic injuries lawyer to learn about your legal remedies. It is also helpful to review some additional details on who is prone to TBI.

Statistics and Demographics for TBI