Miami Personal Injury Lawyer Blog

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.

How Damages Work in a Florida Wrongful Death Case

Published on: August 26, 2022 | by Gerson & Schwartz, P.A.

Americans enjoy a rather long life expectancy at around 79 years old, but accidents are a common reason that this duration may be cut short. According to the US Centers for Disease Control and Prevention (CDC), almost 214,000 people are killed every year because of unintentional injuries, many of which are preventable. There is a common assumption that car accidents are a top cause of fatalities, and motor vehicle collisions do rank high. However, with the opioid crisis and widespread availability of fentanyl, unintentional poisonings take the #1 spot.

Losing a loved one is tragic, but the resulting financial implications affect your life in ways you did not expect. Florida wrongful death laws do provide you with legal remedies, so you may qualify to recover compensation after a horrific accident. A Miami wrongful death lawyer will handle all important legal tasks, and some information on monetary damages is also helpful.

Compensation in Fatal Accident Claims

How Florida Health Care Providers Commit Diagnosis Errors

Published on: August 19, 2022 | by Gerson & Schwartz, P.A.

A diagnostic error is defined as the failure to provide an accurate, prompt explanation of a patient’s health care concerns and communicate the medical condition to the patient. Even without a background in medicine, you certainly know that a proper diagnosis is essential before you can receive the treatment you need. Unfortunately, misdiagnosis is a common problem. The US Department of Health & Human Services reports that mistakes in diagnosing patients lead to 17% of medical errors in hospitals. Studies on autopsies also reveal that approximately 9 percent of all patients experienced a major diagnostic error that health care providers did not detect.

Based on these figures, researchers estimate that up to 80,000 individuals die, and hundreds of thousands suffer harm because of misdiagnosis every year. These claims fall under Florida medical negligence laws, so there are remedies for victims and their families. A Miami diagnostic errors attorney can assist with the legal process, but it is important to know how these mistakes happen.

Reasons Behind Diagnosis Mistakes

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

Florida Laws Impact Children’s Medical Malpractice Claims

Published on: July 29, 2022 | by Gerson & Schwartz, P.A.

You trust your child’s physicians to provide quality patient care, from supporting your health during pregnancy to delivery and early childhood. Therefore, it is devastating to learn that your child suffered harm because of errors by a health care provider. Whether from birth injuries or negligent treatment during their formative years, the consequences for your entire family can be considerable. It is a comfort to know that Florida’s medical malpractice statute allows you to seek compensation for medical costs, pain and suffering, and other losses.

Medical malpractice cases are among the most complicated personal injury claims, and the concepts are even more complex when the victim is a child. The same basic laws apply, but there are unique factors related to age. You should trust a Miami medical malpractice lawyer to handle details, but a summary is useful.

Florida’s Medical Negligence Statute

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

Actual v. Constructive Notice in Florida Slip and Fall Cases

Published on: July 8, 2022 | by Gerson & Schwartz, P.A.

People tend to point at motor vehicle accidents as the biggest safety concern, so you might be surprised to learn how slip and fall incidents rank in terms of harm to victims. According to the US Centers for Disease Control and Prevention (CDC), almost 37,500 people are killed every year because of unintentional injuries from falls. In addition, more than 6.8 million victims seek treatment in hospital emergency rooms annually from accidental slip and falls. While it is true that the elderly are more at risk, the statistics reveal that these incidents affect all age groups.

Fortunately, Florida personal injury laws protect the interests of victims. The concept of premises liability applies, though many people refer to accidents as “slip and falls” because of how they happen. Premises liability deals with a property owner’s duty, which depends in part upon having notice of a dangerous condition. A Miami slip and fall attorney will help with important tasks, though an overview is informative.

How Notice Works in Premises Liability Claims

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