$60 Million Sexual Abuse Victim

$37.5 Million Product Liability

$12.5 Million Wrongful Death

$10.5 Million Crime Victim

$2.8 Million Jury Verdict Car Accident/Dram Shop

$2.5 Million Truck Accident

$2.4 Million Truck Accident

$2.2 Million Car Accident

$2 Million Premises Liability

$1 Million Medical Malpractice

$1 Million Inadequate Security

$900,000 Inadequate Security

$800,000 Workplace Accident

$800,000 Slip and Fall

$700,000 Cruise Ship Case

$500,000 Rape Sexual Assault

$500,000 Car Accident

$500,000 Slip and Fall

(Confidential) Cruise Ship Case

Miami Personal Injury Lawyer Blog

Tips Following a Car Accident in Miami Express Lanes

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

Every major city in the US has traffic problems, and Miami is no exception. On any given day, especially during morning and evening rush hours, motorists could be looking at a bumper-to-bumper scenario – were it not for the miracle of express lanes. The Florida Department of Transportation (FDOT) has established regulations regarding “managed” lanes, which you may know familiarly as the optional express lanes that you can steer into for a more efficient commute. There are multiple express lanes throughout South Florida, including portions of I-97, I-75, and even US Route 1.

However, even as express lanes offer the benefits of managed traffic congestion and route options, the risk of vehicle crashes remains. In fact, certain factors may contribute to an increased risk. If you were involved in such a crash, it is critical to reach out to a Miami car accident attorney right away. Plus, some tips should help you get through the chaos and confusion that ensues.

Pull Over Safely

Latest News on the Monsanto Roundup Litigation

Published on: January 28, 2022 | by Gerson & Schwartz, P.A.

There is a lot to absorb as you scan the national, Florida, and Miami news headlines, so the latest developments in the Roundup litigation might have escaped your notice. Some updates from Bayer/Monsanto will get you up to speed:

Of approximately 125,000 lawsuits filed, the company has settled around 96,000 claims.
Bayer/Monsanto has paid out $11 billion in settlements, and many victims already received their checks during 2021.

FAQs About the Ghislaine Maxwell Conviction and Civil Suits

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

It took a jury five days to reach a verdict in the criminal case against British socialite Ghislaine Maxwell, who was charged for her role in grooming and luring minor girls to serve the sexual exploits of financier Jeffrey Epstein. On December 29, 2021, Maxwell was convicted on 5 of 6 counts. The Miami Herald reported on January 15, 2022 that sentencing will take place at a hearing in June, at which the US District Court judge will decide how long she spends behind bars. Each count ranges from five to 40 years in federal prison.

The conviction against Maxwell means closure for many of Epstein’s victims, but it also prompts questions about civil remedies linked to criminal cases. Many people will also wonder whether it is possible to hold Maxwell accountable when she did not directly cause harm. A Miami sexual assault victims attorney can describe the details, but some answers to FAQs are informative.

How does a conviction impact a civil lawsuit?

Lower Body Injuries in Miami Pedestrian Accidents

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

You do not need a background in science to realize that the person on foot is more likely to sustain catastrophic injuries in a Miami pedestrian accident than the driver of a car. Walkers do not stand a chance against the large, speeding vehicles with whom they share the road. It is also not that far a stretch to assume that many victims will suffer injuries to the lower extremities because of where the bumper of a vehicle comes into contact with the body. Statistics indicate that one-third all pedestrian accident injuries involve the feet, legs, and hips.

Knowing that there are more than 8,100 pedestrian accidents statewide every year – and almost 2,600 of them occur in South Florida – the dangers of lower body injuries come to the forefront. Trauma to the body below the waist is serious, and not only because of the physical pain. You could be unable to work and enjoy your favorite activities. It is a comfort to know that you have legal remedies, and a Miami pedestrian accident lawyer can guide you through the legal process. An overview is also useful.

Common Lower Body Injuries in Pedestrian Accidents

Is the Spinal Cord an Organ?

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

You know the importance of your body’s most critical organs: The heart, brain, lungs, and many others are responsible for basic functions, and your life would be changed forever if they were harmed by trauma. The medical definition of an organ is any part of the body that carries out special functions, but the spinal cord is sometimes not included on the list. The Resource Center for Brain and Spinal Cord Injuries offers two opinions on the matter:

The spinal cord is a group of nerves that serves as a messaging center between the brain and parts of the body, but it does not have a direct impact on other organs.
Due to its common tissue throughout and functioning as a unit to support the rest of the body, the spinal cord is an organ – similar to skin.

Statistics on Gun Violence in South Florida

Published on: December 31, 2021 | by Gerson & Schwartz, P.A.

There can be no question that gun violence is a problem nationwide, but a look at statistics sheds some light on the issue in Florida. According to the Florida Department of Law Enforcement (FDLE), more than 110,000 people are arrested statewide for such crimes as manslaughter, assault, robbery and homicide. Firearms were used in 74% of the murders, 36% of robberies, and more than one-quarter of assaults. If you were hurt or lost a loved one to gun violence, it is encouraging to know that criminal laws are tough on offenders.

However, seeing your assailant sentenced to jail time and other punishment does nothing to compensate for the extreme losses you suffer. To recover monetary damages, you must seek civil remedies – often against a party you might not expect. A Miami crime victims lawyer will guide you through the process, but additional figures on shootings may be helpful.

Additional Statistics on Guns and Violent Crime

What is the Difference Between the Jones Act and Longshore Claims?

Published on: December 24, 2021 | by Gerson & Schwartz, P.A.

When you work on the water and around ships, yards, and docks, you probably do not spend much time thinking about the difference between these laws. However, if you suffer workplace injury, the Longshore and Harbor Workers’ Compensation Act (LHWCA) OR the Jones Act will be at the forefront of your legal remedies. Both statutes are akin to a type of federal workers’ compensation program, but they apply to very different employment situations. As with many legal claims, the details matter – particularly the definitions and rules on eligibility.

If you were hurt while working on or around boats or water, it is likely that you can file a claim under one of these laws. You can trust a Miami workplace injuries attorney to address the specifics on Longshore versus Jones Act claims, but reviewing the basics is helpful.

Key Definitions

Four Laws That Impact Your Florida Truck Accident Claim

Published on: December 17, 2021 | by Gerson & Schwartz, P.A.

It should come as no surprise to learn that truck accidents are some of the most deadly, devastating incidents occurring on the nation’s roadways, but a key statistic might shock you: According to the Federal Motor Carrier Safety Administration (FMCSA), Florida places third among all US states when it comes to fatal truck crashes. There are more than 300 collisions involving semis, 18-wheelers, tractor-trailers, and other large commercial vehicles every year, and only Texas and California rank higher. Hundreds of thousands of victims also suffer serious bodily harm in the 102,000 total injury-causing truck accidents nationwide.

Fortunately, victims and their families have the authority to pursue the at-fault driver in a truck crash. As with any legal matter, there are multiple laws that apply and some of them are important to know. A Miami truck accident lawyer will address the details, but take note of the following issues that impact your claim.

Florida Fault Laws

Christmas is NOT #1 for Holiday Car Accidents in Miami

Published on: December 3, 2021 | by Gerson & Schwartz, P.A.

It may not be a surprise to learn that road travel is more dangerous around holiday periods in Miami, but you might be shocked to find that Christmas and other winter celebrations do not rank in the Top 10. The “bookends” of the summer season – Memorial Day and Labor Day – claim #1 and #2 for the highest number of fatal collisions according to auto insurance marketplace AutoInsurance.org. In fact, deadly crashes around Christmas are 12.4% below the average of all holidays considered, putting the holiday at the #17 spot. Travel on New Year’s Day, the 12th most dangerous holiday, is slightly riskier at 3% under average.

Obviously, car accidents still occur at an alarming rate in Miami. There have already been more than 107,700 auto crashes in South Florida so far, and 2021 is not yet over. If you were injured or lost a loved one, retaining a Miami car accident lawyer should be a priority any time of year. Some additional information on holiday traffic collisions offers insight on the dangers.

Risk Factors for Holiday Auto Crashes in Miami

How Lane Splitting Affects Florida Motorcycle Accident Claims

Published on: November 26, 2021 | by Gerson & Schwartz, P.A.

Florida is one of just a few locations within the US where the weather is perfect for motorcycle riding throughout the year. The long riding season is perhaps why the state ranks high for accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 9,000 motorcycle accidents every year. More than 23% occur in South Florida, leading to dozens of fatalities and hundreds of injured victims. Various causes and factors contribute to these collisions, including speeding, failure to yield, and other forms of driver negligence.

However, motorcyclists are required to abide by the same traffic laws as other motorists, so they can also be at fault in crashes. One maneuver used by some riders is the subject of some controversy — lane splitting. This practice is illegal in Florida, which is why it could affect your rights if you were hurt. A Miami motorcycle accidents lawyer can explain the details, but an overview is helpful.

Florida Traffic Rules on Motorcycle Operation