Miami Personal Injury Lawyer Blog

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.

Watch for Signs of Head Injuries After a Florida Motorcycle Accident

Published on: May 24, 2024 | by Gerson & Schwartz, P.A.

Motorcycle enthusiasts are well aware of the risk of serious head injuries in motorcycle accidents, especially considering the high rate of casualties. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 8,650 total motorcycle collisions every year statewide. Around 600 riders are killed in these incidents, while another 7,400 victims suffer injuries in motorcycle crashes annually. A large percentage of these motorcyclists suffer head injuries, even those wearing helmets.

With adrenaline running high and confusion all around after a collision, it can be difficult to tell whether you have suffered head or brain trauma. An additional problem is that some head injuries are not obvious right away. It is essential to discuss your legal remedies with a Miami motorcycle accident lawyer, but you should realize the signs of head injuries after a crash.

Symptoms for Victims of Brain Injuries

Evidence of Impairment in Miami DUI Accidents

Published on: May 17, 2024 | by Gerson & Schwartz, P.A.

Drunk driving remains a problem in Florida and throughout the US, and many times, offenders are arrested for DUI. However, there are many tragic situations where an impaired driver causes an accident that leads to injuries or death. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 5,000 traffic collisions every year that are linked to alcohol intoxication. Of these, around 720 drunk driving crashes occur in South Florida. Up to 40 people lose their lives in DUI accidents, while more than 400 victims are injured in Broward, Miami-Dade, and Palm Beach Counties.

When alcohol is a factor in a crash, a victim may need more than just proof of fault, injuries, and losses. It is also crucial to show that the at-fault driver was intoxicated, which requires evidence of drunk driving. Your Miami DUI accident lawyer will assist with issues of proof, but some details will help you know some of the information you will need.

Overview of Negligence

Defenses Property Owners Use to Defeat Accident Claims in Florida

Published on: May 10, 2024 | by Gerson & Schwartz, P.A.

You are in charge of your own safety when at home, but there are risks all around you when you step outside your door because not all property owners are as diligent. It is not surprising to learn that traffic collisions are among the top causes of injuries in the US, according to the National Security Council (NSC), but the incidence of falls may be shocking. Slip and fall accidents are the third leading cause of fatalities in the nation, and they are the #1 cause of death in 5 US states. Many of these incidents occur because of dangerous conditions on property, such as restaurants, parks, attractions, stores, parking lots, apartment complexes, office buildings, and many more.

Florida property owners have a duty to maintain a safe space under Florida law, so they can be held accountable when a victim is injured. Still, defendants will attempt to shirk their responsibility by raising defenses to the claim. It is important to get help from a Miami premises liability attorney for assistance with overcoming the crucial defenses.

Posted Warning Signs

Who Has the Right of Way at an Intersection in Florida?

Published on: May 3, 2024 | by Gerson & Schwartz, P.A.

For Florida motorists, right-of-way rules are important for staying in compliance with traffic laws as well as keeping yourself and vehicle occupants safe. The Florida Driver License Handbook includes numerous provisions on which driver must yield and who is allowed to proceed in many different traffic-related scenarios. However, intersections tend to create the most confusion. When motorists are not well-versed in how the right of way works when approaching a junction, the potential for accidents increases.

The risks of crashes resulting from a failure to yield are especially prevalent in Miami, where heavy congestion and tight city streets are also factors. A refresher course on right-of-way rules will help you avoid collisions, though you cannot prevent negligence from other motorists. Fortunately, these laws guide your Miami car accident attorney in determining who to pursue.

Right-of-Way Rules at Florida Intersections

Factors to Consider When Settling a Florida Child Accident Claim

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

It is horrific to think about your child being injured in an accident, but the statistics indicate that these incidents are common among infants, toddlers, and older kids. The National Safety Council (NSC) lists multiple risks, including traffic crashes that are the leading cause of death for children 17 years old and under. Plus, every three minutes, a child suffers a sports-related concussion or other traumatic brain injury (TBI). Kids are not even completely safe at school and while playing, as 80% of playground injuries are caused by falls.

For parents, the first priority is getting their child the necessary medical treatment and working on recovery from accident injuries. However, you may soon realize that it is also important to pursue your legal remedies against the at-fault party. A Miami child injuries lawyer will assist with the legal process, but there are some factors you need to consider.

Liability for Accidents