Miami Personal Injury Lawyer Blog

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.

Biggest Design Defect Products Liability Cases in US History

Published on: November 4, 2022 | by Gerson & Schwartz, P.A.

There are literally millions of consumer goods available for purchase in stores, online, and through internet marketplaces, and the vast majority of them are safe for their intended use. However, the National Safety Council (NSC) reports that approximately 11.7 million people seek care at hospital emergency rooms every year for injuries resulting from dangerous consumer products. Some of the items you rely on and use frequently could be hazardous because of a flaw, including appliances, electronics, vehicles, children’s toys and clothing, furniture, and many others.

Some of these product defects are the result of a faulty design, meaning that there is an error in developing or creating the item. The blueprint itself is defective, so anything produced from these specifications is also flawed. There are numerous high-profile lawsuits based upon defective design, a type of product liability case. If you or a loved one was injured, a Miami design defects attorney can advise you on the process for seeking compensation. A look at some of the biggest lawsuits involving design defects is also helpful.

Takata Airbag Case

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

Right of Way Laws Many Florida Motorists Do NOT Know

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

In an ideal world, all road users would strictly follow traffic regulations and drive defensively to ensure the safety of others. Unfortunately, statistics indicate that this perfect scenario does not exist. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 401,500 total motor vehicle crashes across the state every year. Almost 129,000 of these collisions occur in South Florida, which amounts to around 350 car accidents daily. In any given 24-hour period, three people lose their lives, and 185 victims are injured in auto crashes.

Many drivers rely on signage to guide them in following traffic laws, but there are some regulations that you will not see posted. An important set of rules governs the right of way, a concept that is sometimes misunderstood. Failures in this area are a top cause of collisions, so trust a Miami car accident lawyer for help with proving fault. You can also benefit from reviewing the right-of-way laws many Florida motorists do not know.

Intersections With Stop Signs

Property Owner Warning Signs and Florida Premises Liability Claims

Published on: October 14, 2022 | by Gerson & Schwartz, P.A.

Accidents are the fourth-leading cause of death in the US and a top reason that victims seek medical care for injuries, but you might be surprised at how the data breaks down. The US Centers for Disease Control and Prevention (CDC) reports that almost 201,000 are killed every year, and 97.9 million people head to the ER for treatment of unintentional injuries. However, contrary to popular misconception, just 20% of these incidents are motor vehicle collisions. More people are affected by falls and related accidents, many of which are preventable.

You are in an ideal position to prevent accidents at home, but there can be hidden dangers in the businesses you visit. Owners can be held accountable under Florida law, so they may attempt to “unhide” hazards by posting warning signs. Help from a Miami premises liability lawyer is essential for addressing such a defense, though some basic information is useful.

Property Owner’s Duty of Care

Statistics Show Dramatic Increase in Miami Boat Accidents

Published on: October 7, 2022 | by Gerson & Schwartz, P.A.

With 1,350 miles of coastline between the Atlantic Ocean and the Gulf of Mexico, plus thousands of inland lakes, streams, and canals, it is no wonder boating is popular in Florida. The temperate climate allows enthusiasts to hit the water year-round, but the grim reality is that boat and marine accidents are a common threat. Unfortunately, statistics from the US Coast Guard reveal some disturbing trends. There were more than 4,400 boating accidents reported in 2021, claiming the lives of almost 660 victims and causing injuries to thousands of victims.

Though there are many specific causes behind marine accidents, they share a common element: These incidents are the result of negligence by boat operators. Fortunately, Florida personal injury laws apply, and they may provide you with remedies if you were hurt or lost a loved one. A Miami boat accident attorney will guide you through the legal process, though some additional data is informative.

Additional Statistics on Marine Accidents

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