Miami Personal Injury Lawyer Blog

New Florida Bill Aims to Cap Damages for Medical Malpractice Cases

Published on: January 12, 2024 | by Gerson & Schwartz, P.A.

Statutory caps on monetary damages in medical malpractice cases carry some controversy because they attempt to limit what an injured patient can recover. On the one hand, these restrictions help attract the best physicians to Florida without the fear of massive lawsuits. However, caps on damages also result in many victims not being able to recoup their losses after suffering harm at the hands of a healthcare provider. The Florida Senate has recently taken action on the issue by moving a bill out of committee for full voting.

The proposed legislation would reinstate statutory caps for medical malpractice cases, putting injured patients at a severe disadvantage. It may be some time before the bill becomes law, but it is a consideration for many people seeking compensation for their losses. A Miami medical malpractice lawyer can assist with your claim if you suffered harm, but some information about the proposed statutory cap is useful.

Overview of Proposal to Cap Med Mal Damages

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

Who Do I Sue After a Workplace Accident in Florida?

Published on: December 29, 2023 | by Gerson & Schwartz, P.A.

Accidents can happen in any type of workplace, and these incidents cause thousands of injuries and fatalities every year in Florida. According to the Florida Division of Workers’ Compensation (FL WCC), almost 64,000 workers file claims every year seeking monetary benefits. The losses are significant if you were injured at work, and they extend beyond the physical pain. You will suffer financial impacts as you incur medical bills for treatment, and you could lose out on wages by not being able to work.

The state workers’ comp system pays benefits, but there can be some confusion about how Florida personal injury laws apply to workplace accidents. You know that injured victims often seek legal remedies through a lawsuit in court. The key is which options are available to you under the circumstances, and your Miami workplace injury lawyer will provide answers. Some background about who you can pursue after an on-the-job accident is also useful.

Options After Work-Related Accidents

Spinal Injuries in Florida Slip and Fall Accidents

Published on: December 22, 2023 | by Gerson & Schwartz, P.A.

A slip and fall accident could affect any part of the body, whether the injury comes from striking a hard surface, attempting to break the fall, or trying to mitigate harm. Because of the role the spine plays in terms of providing stability, mobility, and flexibility, a victim will often suffer injuries to the spinal cord. The National Spinal Cord Injury Statistical Center (NSCISC) reports that falls rank second for causing trauma to the spinal cord, while auto crashes top the list. Slip and fall incidents are responsible for 32.2% of all spinal cord injuries.

If you sustained trauma to the spinal cord, the implications could be extremely serious. You do have legal remedies, such as pursuing a negligent property owner for not maintaining the premises. A Miami slip and fall accidents attorney will assist with recovering monetary damages for your losses, but you can check out some basics about spinal cord injuries.

Types of Spinal Cord Injuries

What Medical Experts Do in Florida Medical Malpractice Cases

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

The human body is a complicated machine, which is why the practice of medicine is so highly complex and technical. In the case of a Florida medical malpractice claim, the facts and arguments are also very convoluted. To simplify medical definitions and concepts, all parties will rely on medical experts. The Florida Evidence Code provides that qualifying individuals can testify regarding scientific and specialized knowledge, which will assist the jury in determining a fact at issue.

Plaintiffs in a medical malpractice case will call a medical expert to support their claims, while defendants will retain their own to fight the allegations. Still, there are some specific tasks that a medical expert will complete to help with your case and meet certain statutory requirements. Your Miami medical malpractice lawyer will take the lead with strategy, and you can read on for information on what medical experts do for your case.

Prepare Written Opinion

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

Is Lane Splitting Legal Under Florida Motorcycle Laws?

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

When you are stopped or slowed in traffic while riding your motorcycle, you may experience a strong temptation to drive between lanes and avoid the congestion. This practice is known as lane splitting, in which a motorcyclist travels down the narrow path separating vehicles. Florida traffic regulations prohibit lane splitting, and the ban on this maneuver was imposed for safety reasons. A motorcycle rider increases the risk of serious crashes by operating the vehicle in what amounts to an unofficial, illegal lane of their own creation.

A motorcyclist could face fines, points on their driving record, an increase in insurance premiums, and many other consequences for lane splitting. In addition, the practice could affect your rights if you were injured in a collision because it could weaken your claim against the at-fault driver. You can overcome challenges with help from a Miami motorcycle accident lawyer, but read on for some important information about lane splitting in Florida.

Specifics of Florida’s Lane Splitting Law

Deadlines in Florida Car Accident Claims

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

A Miami car accident can turn your life around, leaving you with sky-high medical bills, days away from work, and immeasurable pain and suffering. Because of the implications, Florida law allows victims to pursue the at-fault driver after a traffic crash. You can recover damages for your medical costs, lost wages, and other impacts on your quality of life. However, there are deadlines you must meet when seeking legal remedies. Florida’s statute of limitations applies to auto collision claims, so time is of the essence.

Plus, timing issues also affect other aspects of your case, and it is possible to gain an edge in your case when you have a solid strategy. Guidance from a Miami car accident lawyer is critical to helping you develop a plan that best leverages all relevant facts. You can also read on for some information on the various time factors that could arise during the legal process.

Details on the Florida Statute Limitations

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

Trampoline Accidents

Published on: November 10, 2023 | by Gerson & Schwartz, P.A.

Whether you are young or old is not defined as much by how many years you have been on the Earth but rather by whether you regard jumping on a trampoline as fun or scary. Sure, it is fine if exactly the right part of your body lands on exactly the right part of the trampoline at exactly the right time, but what are the chances of that happening? If you think a trampoline presents a lot of opportunities for sustaining a serious injury, imagine a whole building the size of a big box retail store with enormous trampolines above hard, concrete floors. Behold the trampoline park, a site of catastrophic injuries waiting to happen, even when guests are not ziplining above the concrete floor at an even higher altitude than the trampoline would take them. All “jump at your own risk” signs aside, premises liability laws protect customers injured in preventable injuries at trampoline parks. If you have suffered serious injuries as a result of an accident involving a trampoline, contact a Miami premises liability lawyer.

Your Rights if You Get Injured at a Trampoline Park

Premises liability laws in Florida offer strong protections to paying customers who get injured in preventable accidents at places of business, including recreational facilities where visitors pay admission, such as trampoline parks. Trampoline parks usually set up their trampolines with safety nets as walls to prevent guests from falling off, and they often have partitions made of soft material to help guests stay a safe distance apart, but despite this, accidents where guests collide with each other or land on the trampoline in a bad position can cause serious injuries, including bone fractures and concussions.