Miami Personal Injury Lawyer Blog

Data Points to Serious Risks of Miami Bicycle Accidents

Published on: March 17, 2023 | by Gerson & Schwartz, P.A.

Bicycling enthusiasts rank Florida quite high for bike-friendliness, and weather, designated bike lanes, and access to lock stands are all factors that add to the appeal. Unfortunately, the risk of bicycle accidents is still quite high. So far, in 2023, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there have already been 550 bicycle accidents, causing 15 fatalities and hundreds of injuries to riders. The threat to bike riders in South Florida is disturbing: In Broward, Miami-Dade, and Palm Beach County, there are almost 1,950 bicycle accidents, causing around 45 fatalities and injuries to hundreds of victims.

These are some concerning statistics about bike crashes in Florida, but additional data reveal important information about how these tragedies happen. If you were hurt or lost a loved one, it is wise to consult with a Miami bicycle accident attorney about your rights. Still, knowledge is power, so reviewing the data is an important way to avoid being injured.

Bicycle Accident Statistics in South Florida

Two of the Three Deadliest Roads in the US in South Florida

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

You might hear rumors or have personal experience driving on the most dangerous roads across the US. However, statistics are actual proof that Florida is home to a few of the deadliest highways in the nation. According to a report published by WFLA NBC News Channel 8, traffic data from all US states was analyzed to determine where the highest number of fatal auto accidents occur. Researchers crunched the numbers and ranked the Top 20, finding that three of them are in Florida. Besides the individuals who were killed, thousands of other victims are injured on these same roads annually.

For many people who hear about highways being extremely dangerous, the first idea is to avoid them entirely. Not everyone can do so, but it is helpful to realize why collisions occur on these roads so frequently. If you were involved in a crash, retaining a Miami car accident attorney should be a priority.

Three Deadliest Roads in Florida

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

Florida’s Special Discovery Rule for Diagnosis Errors Cases

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

When compared to the statutes of limitations other US states impose in personal injury lawsuits, Florida’s deadline is relatively long. For all actions based upon negligence, such as car accidents and slip and falls, the victim has four years to file a lawsuit in court. The clock starts to run on the date of the accident, and the person loses the right to sue if the time restriction expires. There is a special statute of limitations for medical malpractice actions, however. The deadline is shorter, so you have two years from the date of the incident giving rise to the cause of action.

The statute of limitations creates a tricky situation with a specific type of med mal case in which a healthcare provider misdiagnoses the patient. The clock could run out on the two-year deadline, which is why lawmakers provided the “discovery” rule in the statute of limitations. A Miami diagnosis errors attorney will describe how the law applies to your situation, but there are a few things to know.

How the Discovery Rule Works

Facts to Know as a Passenger Injured in a Miami Car Accident

Published on: February 17, 2023 | by Gerson & Schwartz, P.A.

Considering the dense population in South Florida, it is not surprising that more than one-third of all motor vehicle accidents occur in the counties of Miami-Dade, Palm Beach, and Broward. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports there were more than 123,000 crashes in the region in 2022, and the figures for 2023 are on track to reach this total by the end of the year. Of these collisions, around 43,250 are injury-causing, leading to bodily harm for almost 64,600 victims. Based on the data, you can guess that many of the people who are hurt in Miami car accidents are passengers in the involved vehicle.

Passengers do have rights under Florida law, but the legal process can be more complex when it comes to insurance questions. This is because of the state’s no-fault insurance law, which requires all motorists to carry Personal Injury Protection (PIP). A Miami car accident lawyer can explain your remedies, but a summary is useful.

You must go through your own PIP. If you own a vehicle and follow the law by purchasing the required auto insurance policy, you are covered as a passenger in someone else’s car. In fact, you must file a claim with your own insurer in such a situation. Through PIP, you can recover up to 80 percent of all reasonable medical costs and expenses related to the accident. If you miss work because of your injuries, PIP will pay up to 60 percent of lost wages.

Why Time Between an Accident and the Victim’s Death Matters in Florida

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

When someone is killed in an accident, there may be two types of legal claims by surviving family members. One is wrongful death, in which they are seeking compensation not as actual victims of the incident – but as victims of the aftermath due to the void left behind by their loved one’s death. The other is a right of survival action under Florida law, which views the deceased person as the victim. The statute provides that the power to sue the at-fault party for negligence continues even after the death, where the victim could have pursued a lawsuit if he or she had lived.

Wrongful death and survival actions might seem similar, but you can see how the laws define the victim of a fatal accident differently depending on the approach. This factor is especially important when a significant amount of time has passed from the date of the accident to the date of death. You can learn details by consulting with a Miami wrongful death lawyer.

Survival Actions and Noneconomic Damages

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

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