Miami Personal Injury Lawyer Blog

Tragedy as Teen is Killed in Miami Boating Accident

Published on: August 2, 2024 | by Gerson & Schwartz, P.A.

Memorial Day Weekend is well-known as the unofficial kickoff to the summer social season, but this year’s celebration was dampened by a horrific boating accident in Key Biscayne near Miami. According to a May 23, 2024, article in the Miami Herald, a 15-year-old girl was water skiing on a family boat when she was struck by another vessel. The at-fault boat did not stop at the scene, so initial reports indicated that the boating accident was a hit-and-run. However, the owner of the craft that struck the teen checked in with police and is cooperating with the investigation.

Surviving family members may have a claim against the at-fault boat operator, but there are numerous factors that affect the legal process. The status of the victim, timing, and theories of liability are all issues you need to know. Your Miami boating accident lawyer can explain specifics, and there are some legal points that are useful as an overview.

Wrongful Death Action

How Do Dislocation Injuries Happen?

Published on: July 26, 2024 | by Gerson & Schwartz, P.A.

Of all types of injuries a victim can suffer in an accident, dislocations of the body’s joints certainly tend to make people cringe. The definition from medical experts at Johns Hopkins Medicine states that this joint injury occurs when the ends of two connected bones separate. Though there are some medical conditions that cause dislocation, the vast majority of these injuries are caused by accidents. If you suffer a joint dislocation, you will certainly know right away because of the intense pain. However, additional symptoms include visible evidence of the bone being out of place, numbness and tingling at the joint, swelling, bruising, and inability to move.

There are many accidents that can cause dislocation injuries because they involve violent, harsh impacts on the body. While the immediate pain is excruciating, you could also suffer long-term or permanent disability. A Miami personal injury attorney can assist with your claim and provide some details to explain how dislocations happen.

Long-Term Trauma from Dislocation Injuries

Protect Against Miami Bicycle Accidents: Safety Gear Beyond the Helmet

Published on: July 19, 2024 | by Gerson & Schwartz, P.A.

The weather in Florida is excellent for a wide range of outdoor activities, and bike riding is one that many people enjoy throughout the year. However, many bicycling enthusiasts are aware that there is a significant risk of bicycle accidents in South Florida. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 8,400 bike collisions statewide, leading to around 230 fatalities and 7,900 injured victims. Of these bicycle accidents, almost one-third – 2,545 – occur in Broward, Miami-Dade, and Palm Beach Counties.

Helmets are highly effective in preventing and reducing head injuries in bike collisions, but there are many other ways to protect yourself. With the right strategy, you can avoid crashes or mitigate the harm from Miami bicycle accidents. Here are a few options to consider:

Your Bike Riding Wardrobe

How Responsible Cruise Operators Protect Passengers

Published on: July 12, 2024 | by Gerson & Schwartz, P.A.

In the world of cruise ship accidents, people tend to fixate on all of the different ways the cruise operator went wrong or failed to protect passengers. Therefore, it is also important to focus on the tactics and decisions by cruise lines that enhance safety but often get overlooked. In a recent report, Royal Caribbean announced changes to an upcoming itinerary that had included a stop at a private island port in the northern region of Haiti. Violence in the region had claimed the lives of at least 2,500 victims as of the end of April 2024, and continued unrest would put passengers at risk of serious injuries. The cruise would not be stopping at this particular port.

Had Royal Caribbean not made the changes, any passenger who was harmed by violence during shore excursions might have a claim against the operator for damages. A Miami cruise ship accident attorney can assist with the legal process if you were hurt onboard, and it is helpful to review some information on what cruise operators do to protect passengers.

Other Examples of Cruise Safety Measures

What Type of Case is a Slip and Fall in Florida?

Published on: July 5, 2024 | by Gerson & Schwartz, P.A.

For many Florida residents, the notion of pursuing an at-fault party for injuries is typically something associated with traffic accidents. You might be surprised to learn that slip and fall incidents actually claim the lives of more victims annually. According to the US Centers for Disease Control and Prevention (CDC), unintentional falls cause around 44,630 deaths every year, while 44,534 victims are killed in motor vehicle crashes. With both types of accidents, the losses for victims can be significant.

Fortunately, the laws that apply to auto collisions also provide rights for victims of slip and falls because both are personal injury claims under Florida law. You have legal remedies, so it is important to discuss them with a Miami slip and fall accidents attorney. Some answers to frequently asked questions are also useful.

What is the legal basis for a slip and fall?

What Florida County is Deadliest for Car Accidents?

Published on: June 28, 2024 | by Gerson & Schwartz, P.A.

You may hear about car accident statistics and know that they happen frequently, but you might not realize how they affect you close to home in South Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 59,000 crashes in Miami-Dade County and almost 38,800 in Broward County every year. This data places these counties in the top two spots for the total number of traffic collisions in Florida. Plus, another 24,000 car accidents take place in nearby Palm Beach County, ranking it in the Top 10 most dangerous counties in Florida for auto crashes.

Some additional statistics on traffic collisions may help you know how to avoid them, and information on the deadliest roads by number of fatalities is also helpful. You have rights if you were hurt, so get in touch with a Miami car accident lawyer to learn about your remedies. An overview of the dangers is also useful.

Statistics on Auto Crashes in Florida

Spinal Cord Injury Statistics For 2024

Published on: June 21, 2024 | by Gerson & Schwartz, P.A.

There are many types of injuries to the human body that could be considered catastrophic because they affect a major system, prevent function, or result in other forms of permanent disability. After reviewing data reported by the National Spinal Cord Injury Statistical Center (NSCISC), you can guess that severe, debilitating harm to the spine could certainly result in catastrophic injuries. Victims who suffer traumatic spinal cord injury have a significantly reduced remaining years of life, as little as three years. Those who do survive may sustain paraplegia or tetraplegia, significantly affecting function, sensation, and mobility.

Because some types of spinal cord injuries are catastrophic, the long-term complications and consequences will be astronomical. Fortunately, Florida law provides you with remedies, and a Miami catastrophic injuries attorney will guide you through the legal process. You can also review some additional data about spinal cord injuries from NSCISC.

Common Causes of Spinal Cord Injuries

How Do You Start a Personal Injury Lawsuit in Florida?

Published on: June 14, 2024 | by Gerson & Schwartz, P.A.

As you go about your day in Miami and South Florida, you probably do not realize that the risk of serious, injury-causing accidents surrounds you. Statistics reported by the National Safety Council (NSC) are surprising, revealing that there are more than 227,000 preventable deaths and 63 million injuries to victims annually. It is fortunate the Florida personal injury laws protect you since you could suffer significant losses from injuries or the death of a loved one. Through the legal process, you may recover compensation for these losses.

With many accidents, the first unofficial step in the legal process is to file an insurance claim with the at-fault party’s insurance company. However, this action does not bring your case before the court. You must go through the steps to start a personal injury lawsuit, and a Miami personal injury lawyer will assist you. Read on for some basics about filing the case and litigation proceedings.

Filing the Personal Injury Lawsuit

Five Ways to Increase Your Miami Personal Injury Settlement

Published on: June 7, 2024 | by Gerson & Schwartz, P.A.

There are numerous safety groups and watchdog organizations that track the problem of accidental fatalities and injuries in the US, and each uses different criteria to measure the trends. According to figures from the National Safety Council (NSC), the total number of casualties from accidents is almost 62.3 million victims. These statistics include almost 225,000 preventable fatalities and 62 million injuries to victims. Common types of accidents in Florida include traffic crashes, slip and falls, incidents involving defective products, pool and swimming accidents, and many others.

Accidents fall under the area of personal injury law in Florida, so there are legal remedies for victims. You may qualify to recover compensation, and these are fortunately settled by agreement quite often. However, you want to make sure you receive the highest possible amount since your losses could be considerable. A Miami personal injury lawyer will help with the process, and you can read on for some information on what you can do to maximize settlement.

1. Document Everything: Because of the important role of evidence in settlement, you should collect, track, and organize all documentation related to your injuries. Much of the information that will support your case is found in your medical records, such as the diagnosis, treatment, physical limitations, and other factors impacted by your injuries. As part of documenting everything, you should also start a diary covering your doctor’s appointments, pain levels, activities, and other details.

Five Tricks Insurance Adjusters Try to Pull on Florida Car Accident Victims

Published on: May 31, 2024 | by Gerson & Schwartz, P.A.

No matter how safe you are behind the wheel and the lengths you go to when defensive driving, car accidents are a common threat in Florida. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there were 394,255 total crashes in 2023, including collisions involving cars, large commercial trucks, motorcycles, pedestrians, bicyclists, and other road users. In sum, almost 252,000 victims suffer injuries in all types of accidents. Unfortunately, the numbers for 2024 are not promising. Already, as of mid-April 2024, there have been almost 103,000 car accidents in Florida.

Fortunately for victims, Florida law allows recovery of monetary damages. It is possible to obtain compensation by filing an insurance claim, but dealing with these companies is challenging. They will always try to pay less than what your claim is worth in order to protect profits. With help from a Miami car accident attorney, you can avoid the tricks insurers try to pull.

1. Offering Quick Settlement: In some cases, the adjuster may reach out and make an offer to resolve your claim right away. The companies do this to make sure they capture your attention before you have a chance to retain an attorney. They also know that it is unlikely that you have a full idea of the amount of your losses.