Miami Personal Injury Lawyer Blog

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

Facts About Work-Related Car Accidents in Florida

Published on: January 6, 2023 | by Gerson & Schwartz, P.A.

You might assume that some occupations are more dangerous than others, but the risk affects all Florida employees when you realize the number one cause of work-related fatalities in America. Motor vehicle accidents. The US Centers for Disease Control and Prevention (CDC) reports that more than 17,000 employees were killed in on-the-job traffic crashes from 2011 to 2020. The 1,038 workers who died in 2020 represent 22% of all workplace deaths. Plus, many others are injured in vehicle accidents while working, leading to significant losses for entire families.

Work-related injuries are typically covered by Florida workers’ comp laws, which are the exclusive remedy for employees hurt on the job. However, the nature of traffic collisions means that you might pursue additional options. There are advantages if you qualify, and a Miami workplace injury attorney can explain them in detail. A few facts are also useful as an overview.

Workers’ Comp May NOT Be Your Only Remedy

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

The Next Dangerous Distraction: Driving with a Pet

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

Millions of American households are home to dogs, cats, fish, ferrets, birds, and every other swimming, flying, or crawling pet you can imagine. These creatures are a part of the family for many, so pets often accompany their owners on trips around Miami. Dogs, especially, are proud to sit perched on their owner’s lap and take in the view, not realizing the extreme distraction they cause. Motorists who drive while interacting with a pet contribute to the number of distracted driving accidents, and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports on the risk. Every year, there are more than 265 fatal crashes and 49,000 injury-causing collisions linked to distracted driving.

Driving with a pet may not lead to a ticket in the same way as using a phone, but the dangers are profound with any type of distraction. You do have rights under Florida law, so make it a priority to consult with a Miami distracted driving accident attorney if you were hurt. An overview of the risks is also useful.

Pets and the Impacts on Driving

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