Miami Personal Injury Lawyer Blog

South Florida’s Most Dangerous Roads

Published on: November 19, 2021 | by Gerson & Schwartz, P.A.

Even with advancements in auto safety, increased enforcement of traffic laws, and cracking down on distracted driving, car accidents still occur in South Florida at an alarming rate. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 65,000 auto crashes in Miami-Dade County alone, causing almost 300 fatalities every year. Another 32,000 victims are injured in traffic collisions, and their losses can be devastating. In addition to the physical pain, medical bills, pain and suffering, and other consequences add up.

Various factors are at play when it comes to assessing the safety risks on county thoroughfares, local city streets, and highways. You can trust a Miami highway car accidents attorney to protect your rights if you were involved in a collision on any of South Florida’s most dangerous roads. When you know where they are located, you might understand why collisions are a common occurrence in these areas.

I-95 and Florida’s Turnpike

OSHA to Consider New Standards for Outdoor Work Impact Miami Employees

Published on: November 12, 2021 | by Gerson & Schwartz, P.A.

You may not regularly peruse the press releases published by the Occupational Safety and Health Administration (OSHA), so one announcement in particular might have slipped under the radar for many Florida workers. On October 27, 2021, the agency issued an Advance Notice of Proposed Rulemaking regarding new standards on heat exposure for employees working both indoors and outside. The initiative aims to protect workers as they perform job-related tasks in hot environments, as well to alleviate the risk of injuries from exposure to extreme heat.

For most of the US, working outside over the next few months will NOT trigger OSHA regulations on heat exposure: The standards take effect when the heat index exceeds 80 degrees. However, it is common for employees in South Florida to work in such conditions almost year-round. While you should always trust a Miami workplace injury lawyer for help if you suffer from a work-related medical condition, you should note some key provisions of the new OSHA standards.

Dangers of Working in Extreme Heat

Does Florida PIP Insurance Cover Bicycle Accidents?

Published on: November 5, 2021 | by Gerson & Schwartz, P.A.

Bicycle accidents may not be as common as other traffic-related collisions, but they do tend to cause a disproportionate number of fatalities and injuries. According to the Crash Dashboard operated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 6,700 total bicycle accidents statewide every year; in 95% of them, at least one person is killed or injured. It does not take a degree in physics to know that the person on the bike will typically suffer the most devastating harm. If you were hurt in a bicycle accident, you may wonder about your legal options versus the at-fault motorist.

Fortunately, you do have remedies for recovering compensation, and they fall under state auto insurance laws. Florida is a no-fault jurisdiction, so motorists are required to carry Personal Injury Protection (PIP) insurance to cover their own injury-related losses. These requirements impact your rights as a victim, and a Miami bicycle accidents lawyer can explain the details. Answers to common questions about Florida PIP insurance in bike collisions may also be useful.

What Does “No Fault” Mean?

Will New Safety Features Reduce E-Scooter Accidents in Miami?

Published on: October 29, 2021 | by Gerson & Schwartz, P.A.

If you are one of the many South Florida residents that use e-scooter sharing services on a regular basis, you are probably thrilled to know that Lime is back in Miami after a short hiatus. South Florida’s Local 10 News reported that many e-scooter programs were suspended in December 2020 after city officials identified numerous safety concerns. With the system that was in place, underage riders were able to access the vehicles, there were no helmets available, and many users were doubling up. Lime conducted an overhaul of its operations with safety in mind, so Miami commissioners agreed to allow the company to resume its -scooter sharing services.

However, Lime also revamped the vehicles themselves with new features intended to protect the rider. Bird, Lyft Scooters, and related companies have followed suit by upping their focus to make them sturdier, more stable, and less prone to Miami e-scooter accidents. Some of the recent safety advancements include:

Damage Control

A “Few Too Many” Could Mean Harsh Consequences for Florida Accident Victims

Published on: October 22, 2021 | by Gerson & Schwartz, P.A.

When happy hour extends well into the evening, you know that it is a huge mistake to get behind the wheel while intoxicated. What you may not realize is how being drunk can impact your rights in an accident, even when you were not driving. Under basic personal injury laws, individuals and entities can be held liable for harm caused by negligent conduct. However, the state comparative fault statute also takes into account the victim’s misconduct. If you were hurt by someone else’s negligence, your compensation might be reduced by the amount of fault attributable to you.

Therefore, you might expect to lose out on a portion of your monetary damages if you were hurt because of your own negligent acts. Unfortunately, another statute may apply to completely bar compensation for victims who were drunk when injured. A Miami personal injury attorney may be able to help overcome the impact of this law, but you should understand how it works.

Florida’s Alcohol or Drug Defense Statute

Shocking Statistics on Hospital Malpractice in South Florida

Published on: October 15, 2021 | by Gerson & Schwartz, P.A.

People commonly think of medical malpractice in terms of individual health care providers, but hospitals and entire health care systems can be liable for causing patient harm. These facilities are also bound by a duty to provide care, and patients can suffer serious injuries through hospital negligence. According to the Leapfrog Hospital Safety Grade, 19 of the 44 hospitals in South Florida received a C grade based upon responses to an in-depth survey. The remaining facilities, fortunately, were graded either A or B.

If you suffered harm because a hospital breached the duty of care, your rights and remedies are similar to medical malpractice actions. The legal process is equally complex, however, so it is wise to rely on a Miami hospital malpractice attorney for assistance. Some additional statistics on hospital malpractice in South Florida reveal substantial concerns in several key areas.

Infections

Florida Nursing Home Abuse: Signs Family Members Cannot Ignore

Published on: October 8, 2021 | by Gerson & Schwartz, P.A.

It is horrifying to learn that the assisted living facility that you carefully researched, paid, and trusted to care for an elderly loved one has shirked its legal obligations. Nursing homes have a duty to provide proper care, but statistics indicate that many fall short. Data from the US Centers for Disease Control and Prevention (CDC) reveals that around one in 10 individuals aged 60 years and older has experienced some form of elder abuse, though the true figures are likely much higher because of reporting issues. Experts estimate that just one in 24 instances of misconduct are communicated to authorities. The nature of elder care in assisted living centers typically puts family members in the position to raise concerns about the resident, who may suffer from dementia, mental decline, or related medical conditions. It is critical to contact a Miami nursing home abuse lawyer right away if you spot the following signs of nursing home abuse that you cannot ignore.

Physical Abuse

Some types of bodily harm are visible, so you are right to be disturbed if you notice bruises, abrasions, or lacerations. Still, you must remain vigilant regarding the less obvious signs of physical abuse in assisted living facilities, such as:

Evidence Needed to Prove a Florida Wrongful Death Case

Published on: October 1, 2021 | by Gerson & Schwartz, P.A.

Motor vehicle collisions, defective products, slip and falls, and many other accidents are a leading cause of injuries in the US, but you might be shocked to learn how often these incidents are fatal. The US Centers for Disease Control and Prevention (CDC) reports that almost 214,000 individuals are killed because of unintentional incidents, making accidents the #3 cause of death nationwide. Fortunately, Florida wrongful death laws provide surviving family members with options, so you might qualify to recover compensation for your extensive losses. However, proof is an essential component of any personal injury case. It can be tough to come by when the primary witness died because of someone else’s negligence. In such a claim, you must show that the victim died as a direct result of the at-fault party’s misconduct, along with other legal requirements. Your Miami wrongful death lawyer will take the lead in gathering information, but it is helpful to know the evidence needed to prove such a case.

Proof of Key Elements

The initial element you must establish in a negligence-based case is that the responsible party owed a duty to your loved one. Proof is relatively straightforward, since everyone is legally obligated to act with reasonable care and avoid creating a risk of harm to others. With respect to other elements, note the following details on evidence:

Half of All Miami Child Pedestrian Deaths are Teens

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

Parents of young children take extreme precautions to protect against pedestrian accidents by keeping them in the stroller, holding their hands, and watching like a hawk around Miami traffic. As the children get older and appreciate the risks of being hurt, you probably believe that these safety measures become less urgent. This is tragically not the case, and the statistics may come as a shock: According to Safe Kids Worldwide, a nonprofit dedicated to protecting children from accidents, the death rate for teens in pedestrian accidents is double that of younger kids.

Sadly, these incidents are preventable and typically only occur because of motorist negligence. If your child was hurt, a Miami pedestrian accidents lawyer can explain your legal options. However, there are numerous safety tips that can reduce the threat, and they are most effective when both parents and teens are on board. Some additional statistics are informative on how these tragedies occur.

Data Reveals the Dangers of Teen Pedestrian Accidents

Recall on Popular Topical Cream the Result of Manufacturing Defects

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

If you use a popular over-the-counter ointment as a topical pain reliever, some news about the manufacturer’s voluntary product recall should be cause for concern. An August 31, 2021, article in the Miami Herald contains some important information about the move by Teligent Pharma, which found during its own testing that a batch of Lidocaine HCl Topical Solution contained excessively high levels of its main ingredient. The dosage would be considered “super potent” and too strong for the patient, potentially leading to life-threatening consequences.

The news article includes information on the pharmaceutical company’s instructions related to the recall, but it is also important as a way of understanding how manufacturing defects work. A Miami products liability attorney can explain the details, and an overview is informative.

Details of the Lidocaine Recall