$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

Florida’s New Anti-Riot Bill: Surprising Implications for Miami Premises Liability Cases

Published on: May 7, 2021 | by Gerson & Schwartz, P.A.

Amid both fanfare and controversy, a recent anti-riot bill was passed by Florida lawmakers and signed into law on April 19, 2021. NBC Miami News Channel 6 outlined some of the key points of the Combating Public Disorder Act, which aims to crack down on violent, unlawful misconduct stemming from civil unrest. Proponents have argued that the new law protects businesses and supports law enforcement when peaceful protests turn into physical aggression and illegal criminal activity. Opponents contend that the anti-riot law disproportionately affects minorities and amounts to racism, in addition to being a restriction on First Amendment free speech rights.

Regardless of your view of the anti-riot statute in Florida, there are implications that you may not expect if you are pursuing a negligent property owner after being injured. One provision may benefit your claim, while another imposes significant limitations on your legal rights. Your Miami premises liability attorney can describe the implications, but an overview of the anti-riot law may be helpful.

The GOOD: Elimination of a key barrier to civil claims. Government bodies and agencies enjoy sovereign immunity, a legal concept that provides these entities with protection from civil lawsuits. For instance, you typically cannot sue the City of Miami if you slip and fall on municipal property. The anti-riot bill strips sovereign immunity from any government body that interferes with law enforcement in protecting the public during civil unrest. In other words, you could sue Miami if the city defunds the police, and you were subsequently hurt during a riot.

Serious Consequences From Medication Errors

Published on: April 23, 2021 | by Gerson & Schwartz, P.A.

The whole point of taking medications is to treat or relieve a medical condition, so it is unfortunate that the health care providers we trust can commit serious errors. According to a report published by the National Institutes of Health (NIH), an estimated 1.5 million people suffer harm from medication mistakes. Plus, adverse drug events (ADEs) lead to more than 3.5 million physician’s visits, 1 million visits to the emergency room, and 125,000 admissions to the hospital. In all, the society costs hover around $3.5 billion, but the losses to individual patients can be devastating.

If you suffered injuries because of a health care provider’s medication error, it is critical to consult with a Miami medical malpractice lawyer about your legal options. When you review how the specific drug mistakes described below can lead to serious complications, you will understand why.

How Medication Errors Happen

Driver Speed and Injuries in Miami Pedestrian Accidents

Published on: April 9, 2021 | by Gerson & Schwartz, P.A.

One of the most efficient, affordable ways to get around Miami is on foot, but there are risks involved when walking in one of the most dangerous metropolitan areas for pedestrians in the U.S. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), accidents involving people on foot are among the deadliest traffic-related collisions in the state. While pedestrian accidents make up just 2% of the total crashes that occur in Miami-Dade County every year, they are responsible for 30% of the fatalities.

While the lack of a protective metal shell and size differential compared to other vehicles are key factors, one of the most critical indicators of injury severity in pedestrian collisions is vehicle speed. Despite aggressive efforts to enforce the 25 mph speed limit in Downtown Miami, motorists still travel too fast and put all road users at risk. It is important to consult with a Miami pedestrian accidents attorney right away if you were injured, but you might find it useful to understand the role speed plays in these types of accidents.

Relationship Between Speed and Pedestrian Injuries

Many studies have been conducted on how speed affects the severity of trauma in a pedestrian crash, and researchers at AAA formulated their results in terms of percentages. For instance:

What to do After a No-Damage Car Accident in Miami

Published on: December 23, 2020 | by Gerson & Schwartz, P.A.

Car accident statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are useful for predicting trends and understanding the causes behind these incidents, putting you in a better position to protect yourself and your family. So far in 2020, there have been 44,731 total crashes in Miami-Dade County, causing 299 fatalities and injuring 21,018 people. For many victims, the process for recovering monetary damages is not complicated. Obvious damage to the vehicles should convince the at-fault driver’s insurance company that the victim’s injuries were severe.

However, you could encounter significant challenges if you were hurt in a crash in which there were no dents, chipped paint, or scrapes. A no-damage collision makes it more difficult to prove the severity and nature of your injuries, potentially leading to a denial of your insurance claim. While you should always work with a Miami car accident lawyer for any traffic crash, it is especially critical to retain legal counsel under such circumstances. The following information reveals the reasons why.

The Role of Evidence in an Auto Crash Claim

How Florida Premises Liability Laws Apply to Miami Convenience Stores

Published on: December 18, 2020 | by Gerson & Schwartz, P.A.

While it may not be a place where you shop often, there is a good chance that you visit a South Florida convenience store from time to time for gas, a quick snack, lottery tickets, or other basics. Unfortunately, these spots can be a target for various forms of criminal activity. The 24×7 hours, limited number of employees, availability of cash, and other factors can make these stores dangerous for customers. If you are familiar with basic laws regarding premises liability, you may know that it is possible to pursue a convenience store owner for monetary damages under the theory of negligent security.

However, what you do not know is that Florida law has carved out an exception for property owners when their premises constitute a convenience store under the statutory definition. Your Miami premises liability attorney can explain the details and assist with your case, but some information on the legal issues may be helpful.

Overview of Premises Liability and Negligent Security

Three Florida Laws Every Car Accident Victim Should Know

Published on: December 16, 2020 | by Gerson & Schwartz, P.A.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) tracks traffic accidents through the state, and its Crash Dashboard reveals some troubling statistics about collisions in South Florida. So far in 2020, there have been a total of 44,731 motor vehicle accidents in Miami-Dade County, leading to 299 fatalities and injuries to 21,018 victims. If you were hurt in such an incident, it is good to know that you have options for recovering compensation from the at-fault driver. As with any legal matter, there are numerous statutes, court rules, and technical concepts that apply to auto crash claims.

However, you do not need to have in-depth knowledge of all of the laws or go to great lengths to learn them. Your Miami car accident lawyer will take the lead on the legal issues. There are just three basic laws every victim should know:

Florida’s No-Fault Law

Ford Announces Miami as Location for 2020 Self-Driving Vehicle Testing

Published on: December 2, 2020 | by Gerson & Schwartz, P.A.

Motorists throughout South Florida should take note of a recent press release from automaker Ford Motor Company, which announced that it will be launching its self-driving commercial business division in 2022. According to an October 20, 2020 article published by CNBC, the company will be integrating its fourth-generation of self-driving test vehicles in several US cities, including Miami. The latest technology, such as higher resolution cameras and improved sensors, serves as an upgrade to the fleet of Ford Escape Hybrid crossovers.

However, safety concerns remain, and you could be at an increased risk of car accidents in Miami when you are driving around these test vehicles. Some information on the dangers, as well as some benefits of autonomous automobiles, may be useful.

Dangers of Self-Driving Automobiles