$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

Investigation Continues in Deadly Crash at South Beach Café

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

A South Beach community is reeling after an incident involving an elderly woman who drove her vehicle into a popular outdoor café, killing one man and injuring six others. Miami’s Local 10 News reported on the accident, which occurred during the busy evening hours when the restaurant was packed with diners enjoying their meal on the terrace. Witnesses believe the woman was attempting to parallel park her Bentley when she mistook the “Park” pedal and put the car in reverse. As a result of her confusion, the woman plowed through an embankment, over the curb, and into the outdoor dining space.

The woman is not facing criminal charges, but victims and their families may already be considering legal action through Miami personal injury lawsuits. As the investigation into the deadly accident continues, some of the details are raising more questions than answers.

What liability concepts apply? There are two possible personal injury claims that victims and their families might consider pursuing, as the incident encompasses both premises liability and motor vehicle accident concepts. However, the basis for liability is the same: These accidents happen because of negligence, so victims must prove that the incident occurred because a party failed to exercise reasonable care.

Wrongful Death Versus Survival Actions in Florida Personal Injury Cases

Published on: February 25, 2022 | by Gerson & Schwartz, P.A.

While accidents might have been knocked down a notch by COVID in the last two years, unintentional injuries are still the fourth leading cause of death in the US. The US Centers for Disease Control and Prevention (CDC) reports that more than 200,000 people are killed every year in preventable accidents, with falls and motor vehicle collisions topping the list. For surviving loved ones whose lives are forever changed, the grief and devastation can be overwhelming. In time, the victim’s family will also sustain significant financial losses from the void left behind.

Fortunately, Florida personal injury laws provide legal remedies after someone dies from unintentional injuries. There are two in particular that may apply if you recently lost a loved one — a wrongful death lawsuit OR a survival action. Though these options stem from the same fatal incident, they are different. A Miami wrongful death lawyer can explain the details, and you might find an overview to be informative.

Different Actions From the Same Fatal Incident

Stages of Bedsores Among Miami Nursing Home Residents

Published on: February 18, 2022 | by Gerson & Schwartz, P.A.

When you trust a Miami nursing home to provide for the health and safety of residents, it is horrifying to find out that your loved one developed bedsores because of misconduct. Statistics from the US Centers for Disease Control and Prevention (CDC) shed some light on the severity of the problem:

Anywhere from 2% to 28% of residents in assisted living facilities have developed bedsores, also termed pressure ulcers.
Individuals living in a nursing home for less than 12 months were more likely to develop these wounds than those with longer stays.

Serious Soft Tissue Injuries in Miami Slip and Fall Accidents

Published on: February 11, 2022 | by Gerson & Schwartz, P.A.

The violent impact of a slip and fall accident can lead to a wide range of injuries, and the most serious ones will obviously require immediate medical attention. You know to head to the ER or urgent care center immediately if you suffer excessive bleeding, broken bones, head injuries, or related trauma. However, it is also common for victims to suffer soft tissue injuries that they may not even realize. Medical professionals at Johns Hopkins Medicine define soft tissue injuries as trauma and damage to the various muscles, ligaments, and tendons throughout the body.

Florida premises liability laws allow you to recover compensation when a property owner’s negligence causes soft tissue injuries, but there can be challenges even when fault is clear. It is wise to retain a Miami slip and fall accident lawyer to tackle the legal burdens, but some background information is useful.

How Slip and Fall Accidents Cause Soft Tissue Injuries

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