Personal Injury

Deadliest Car Accidents in Miami

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

In a densely populated and heavily trafficked urban area like Miami, you expect that the number of car accidents would be somewhat high. However, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are still shocking. Of the 401,500 motor vehicle crashes that take place in the state every year, almost 128,800 – around one-third – occur in South Florida. There are approximately 850 people killed in Broward, Palm Beach, and Miami-Dade Counties, and almost 67,000 victims sustained injuries ranging from minor to severe.

No one wants to be involved in an auto accident, but there are some that lead to worse consequences than others. Physics, speed, road, weather conditions, and many other factors may result in crashes that are noteworthy due to the devastation they tend to cause. You should always rely on qualified legal help for your claim, but make it a priority to consult with a Miami car accidents lawyer if you were hurt because of the following:

Wrong-Way Crashes: When someone is driving against the flow of traffic, you can imagine the tragic results. Often, these accidents are the result of a drunk driver entering a highway from the exit ramp or driving the wrong way down a one-way street. However, elderly motorists and those from out-of-town can also become confused by signage, leading to wrong-way driving.

How Shorter Days, Longer Nights Impact Miami Bicycle Accidents

Published on: September 23, 2022 | by Gerson & Schwartz, P.A.

Due to the year-round tropical climate and average of 237 sunshine days per year, bicycle riders in South Florida do not experience the temperature change that indicates the arrival of fall. However, the days are starting to get noticeably shorter, a trend that will continue until Daylight Savings ends on November 6, 2022 – at which point the impact of early darkness really becomes apparent. The National Highway Traffic Safety Administration (NHTSA) reports that lower lighting does affect bicycle accidents. Almost 40% of all collisions involving pedal cycles occur from 6 pm to midnight.

When you break down the data into seasons and hours of light, the transition into the fall and winter months is a dangerous time for bicycle riders. Visibility is part of the issue, but negligent drivers are the most significant risk. It is important to discuss your situation with a Miami bicycle accident attorney if you were hurt since Florida law protects your interests. Some additional statistics are also useful.

Data on Bicycle Accidents and Environmental Impacts

Seek Immediate Medical Treatment if Your Child Suffers These Accidental Injuries

Published on: September 2, 2022 | by Gerson & Schwartz, P.A.

While it is disturbing to know that accidents are the number one cause of death for children and teens, Florida parents should also be concerned about the potential for serious injuries. According to the US Centers for Disease Control and Prevention (CDC), almost 21 million children receive care at hospital emergency departments to treat unintentional injuries annually. The top cause of accidental harm is falls, which injure more than 6.8 million young victims. Motor vehicle accidents take the #2 spot, leading to around 2.87 million ER visits for children aged 0 to 14. The CDC even tracks emergency care for dog bites, which cause harm to 316,400 kids.

Seeing your child in pain from accidental injuries is horrifying for a parent, and the financial and emotional implications hit hard. It is encouraging to know that you have options under Florida law, and a Miami child injuries lawyer can assist with the legal process. Because proper medical treatment is so critical for your child’s health and your legal remedies, always head straight to the ER for:

Excessive Bleeding: A cut or laceration will usually lead to bleeding, but it is cause for concern if the injury is deep enough to cause significant blood loss. The accident could have led to arterial or venal bleeding, in which the blood vessels running either to or from the heart are ruptured.

Top Three Workplace Injuries in Florida

Published on: August 12, 2022 | by Gerson & Schwartz, P.A.

While there are some industries where on-the-job accidents occur more frequently, the truth is that workplace injuries are a threat to employees in any market sector. Data compiled by the Florida Division of Workers’ Compensation (FL DWC) reveals that there are more than 64,000 total cases of work-related medical conditions reported every year, many of which involve days off work, a job transfer, or restrictions on activity. For injured employees and their families, the physical, financial, and emotional losses hit hard.

Two sets of laws apply to job-related accidents, and most employees will qualify for benefits under Florida’s workers’ compensation system. However, you may have rights under state personal injury laws in some cases. It is important to trust a Miami workplace injuries attorney for advice and counsel on remedies, as well as assistance with the legal process. Some information on the top on-the-job injuries is also helpful.

Back Injuries: Coming in third place is harm to the back, including injuries from the cervical to the sacral spine. Almost 8,700 of all workers’ compensation claims involve these injuries, many of which are incurred through trauma. Strain from repetitive movement, especially in the lower back, is also a source of injuries.

What is the Difference Between Nursing Home Abuse and Neglect?

Published on: August 5, 2022 | by Gerson & Schwartz, P.A.

In truth, when you see a loved one suffering in an assisted living facility, the difference between the two may not seem critical. All you want is to get the resident to safety. However, the National Council on Aging (NCOA) clarifies nursing home abuse versus neglect in reporting a disturbing statistic: Up to 5 million elderly individuals are abused every year, and passive neglect is a form of abuse. With both types of mistreatment, the harm to the resident can be severe. Physical injuries are common, and NCOA points out that the problem carries emotional consequences as well.

Aside from tracking statistics, the distinction between nursing home abuse and neglect is an important one from a legal standpoint. The concepts may affect the basis of a claim when seeking damages, as well as who you can pursue for compensation. A Miami nursing home abuse and neglect attorney can explain the implications for your case, and some information on the differences is useful.

Comparing Abuse v. Neglect in Nursing Homes

Raising a Safe Teen Driver: Tips for Florida Parents

Published on: July 21, 2022 | by Gerson & Schwartz, P.A.

Every teen looks forward to the day they finally get their driver’s license, but this same rite of passage instills fear and dread in many parents who appreciate the risk of teen car accidents. If your child is or will be driving soon, your concerns are understandable. According to the US Centers for Disease Control and Prevention (CDC), traffic crashes rank second among the leading causes of death for teens, with around seven fatalities every day in the 13- to 19-year-old age group. Motorists aged 16 to 19 years old are also three times as likely to be involved in a deadly car accident, as compared to drivers aged 20 and up.

The good news is that teen auto crashes are preventable. Of course, you know the risk is reduced when a parent is along for the ride, but you will not always be sitting shotgun to supervise. The best strategy is to focus on raising a safe, responsible driver who makes wise decisions when you are not around. The following tips can guide you in protecting your teen from Miami car accidents.

Choose a safe vehicle

Verdict in Tesla Case Shows How Comparative Fault Works in Florida

Published on: July 15, 2022 | by Gerson & Schwartz, P.A.

Though the electric vehicle automaker will still have to pay compensation to the plaintiffs, Tesla recently gained a victory of sorts after a jury’s verdict in a Florida auto defects case. According to NBC Miami News Channel 6, jurors initially awarded $10.5 million to the family of a teen victim who was killed in a fiery, single-car collision in 2018. Then, after rendering a verdict in favor of the plaintiff, the amount was then reduced to $105,000 through application of the state law on contributory negligence. The plaintiff had claimed that the lithium ion batteries in the Tesla Model S were defective, leading them to burst to flames upon impact. However, the jury found that the deceased victim was partly to blame for speeding.

The victim’s family may be disappointed with the outcome, while Tesla breathes a sigh of relief for not having to pay the full $10.5 million in damages. Still, the case is useful for showing how Florida’s statute on comparative fault in product liability matters. A Miami auto defects attorney can explain how the law may impact your rights, though a legal summary is useful.

Pure Comparative Fault Reduces Compensation

Top Causes of Miami Accidents and Your Remedies as an Injured Victim

Published on: July 1, 2022 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death and disability in the US, but you might not appreciate the risks of being injured as you go about your day in Miami. Data from the US Centers for Disease Control and Prevention (CDC) is disturbing: Unintentional injuries kill almost 201,000 fatalities yearly, placing them in the #4 spot after heart disease, cancer, and COVID. Plus, accidents send almost 98 million people to the ER, while another 25 million people visit their primary care physician for treatment of unintentional injuries.

Personal injury accidents are preventable and usually only occur because of negligent acts, so it is reassuring to know that Florida law protects your interests. However, there are multiple remedies available depending on the circumstances, and you must meet the relevant legal requirements to qualify for compensation. It is wise to get help from a Miami personal injury and accident lawyer if you were hurt because of:

Motor Vehicle Collisions

Dram Shop Laws in Florida

Published on: June 24, 2022 | by Gerson & Schwartz, P.A.

There are multiple concepts under Florida personal injury laws that extend liability to individuals or entities other than the negligent party, which essentially impute fault to a party that might not even be anywhere near the scene of an accident. One is the principle of dram shop liability, a factor in many drunk driving collisions. This theory states that a bar or tavern may be held accountable for overserving someone who later causes a crash. Florida does have a dram shop law, but not one that supports the interests of DUI accident victims: The statute provides that an establishment cannot be liable under such circumstances.

However, a ban on dram shop liability does not preclude other legal remedies for victims. It is still possible to recover compensation for your losses, and a Miami drunk driving accident lawyer can assist with challenges. Some information on your options and tips on what to do after a DUI crash are also helpful.

Legal Remedies for Drunk Driving Collisions

Defective Product Recalls to Watch for in Summer

Published on: June 17, 2022 | by Gerson & Schwartz, P.A.

Even though South Florida enjoys gorgeous, sunny weather year-round, both adults and children tend to enjoy summer-related activities more often between Memorial Day and Labor Day. The mood during this time of year inspires outdoor adventures and fun in the sun for people of all ages. You might not expect that the equipment, toys, and other consumer products you use for your escapades could be dangerous, but the US Consumer Product Safety Commission (CPSC) reports numerous recalls. Serious injuries could result when a defective product fails and causes an accident.

You do have legal remedies under Florida product liability laws, so it is possible to recover compensation for your losses. A Miami product liability attorney can assist with your options, since you could be pursuing a multinational corporation with a large legal department dedicated to fighting your claim. In addition, it is useful to know the kinds of defective products you may encounter during summer months.

Defective Products That Can Ruin Summer Fun