Miami Personal Injury Lawyer Blog

Is Lane Splitting Legal Under Florida Motorcycle Laws?

Published on: December 1, 2023 | by Gerson & Schwartz, P.A.

When you are stopped or slowed in traffic while riding your motorcycle, you may experience a strong temptation to drive between lanes and avoid the congestion. This practice is known as lane splitting, in which a motorcyclist travels down the narrow path separating vehicles. Florida traffic regulations prohibit lane splitting, and the ban on this maneuver was imposed for safety reasons. A motorcycle rider increases the risk of serious crashes by operating the vehicle in what amounts to an unofficial, illegal lane of their own creation.

A motorcyclist could face fines, points on their driving record, an increase in insurance premiums, and many other consequences for lane splitting. In addition, the practice could affect your rights if you were injured in a collision because it could weaken your claim against the at-fault driver. You can overcome challenges with help from a Miami motorcycle accident lawyer, but read on for some important information about lane splitting in Florida.

Specifics of Florida’s Lane Splitting Law

Deadlines in Florida Car Accident Claims

Published on: November 24, 2023 | by Gerson & Schwartz, P.A.

A Miami car accident can turn your life around, leaving you with sky-high medical bills, days away from work, and immeasurable pain and suffering. Because of the implications, Florida law allows victims to pursue the at-fault driver after a traffic crash. You can recover damages for your medical costs, lost wages, and other impacts on your quality of life. However, there are deadlines you must meet when seeking legal remedies. Florida’s statute of limitations applies to auto collision claims, so time is of the essence.

Plus, timing issues also affect other aspects of your case, and it is possible to gain an edge in your case when you have a solid strategy. Guidance from a Miami car accident lawyer is critical to helping you develop a plan that best leverages all relevant facts. You can also read on for some information on the various time factors that could arise during the legal process.

Details on the Florida Statute Limitations

Should I Settle a Miami Cruise Accident Claim?

Published on: November 17, 2023 | by Gerson & Schwartz, P.A.

When the unthinkable happens, and you are injured on a Miami cruise vacation, the consequences for your trip are just the beginning. In the aftermath, you could suffer significant physical, emotional, and financial losses due to your injuries. The good news is that you have legal remedies, including filing an injury claim and suing in court. As part of the process, you may have the opportunity to settle your claim without litigation. A look at the latest statistics on personal injury claims reveals that this is a common outcome. Up to 95% of all accident cases are resolved via settlement rather than a trial.

Cruise ship accidents are a unique type of personal injury claim, but the principles of settlement still apply. The benefits are significant, so it is smart to carefully consider working out your case by agreement. You can count on a Miami cruise ship accident attorney to guide you in negotiations, and some information on the advantages will be helpful.

Benefits of Settling Cruise Ship Accident Claims

Trampoline Accidents

Published on: November 10, 2023 | by Gerson & Schwartz, P.A.

Whether you are young or old is not defined as much by how many years you have been on the Earth but rather by whether you regard jumping on a trampoline as fun or scary. Sure, it is fine if exactly the right part of your body lands on exactly the right part of the trampoline at exactly the right time, but what are the chances of that happening? If you think a trampoline presents a lot of opportunities for sustaining a serious injury, imagine a whole building the size of a big box retail store with enormous trampolines above hard, concrete floors. Behold the trampoline park, a site of catastrophic injuries waiting to happen, even when guests are not ziplining above the concrete floor at an even higher altitude than the trampoline would take them. All “jump at your own risk” signs aside, premises liability laws protect customers injured in preventable injuries at trampoline parks. If you have suffered serious injuries as a result of an accident involving a trampoline, contact a Miami premises liability lawyer.

Your Rights if You Get Injured at a Trampoline Park

Premises liability laws in Florida offer strong protections to paying customers who get injured in preventable accidents at places of business, including recreational facilities where visitors pay admission, such as trampoline parks. Trampoline parks usually set up their trampolines with safety nets as walls to prevent guests from falling off, and they often have partitions made of soft material to help guests stay a safe distance apart, but despite this, accidents where guests collide with each other or land on the trampoline in a bad position can cause serious injuries, including bone fractures and concussions.

Is Algae a Valid Reason to Sue?

Published on: November 3, 2023 | by Gerson & Schwartz, P.A.

Floridians have a healthy fear of algae. If you have ever owned a swimming pool, you have spent considerable effort trying to stop the slimy green stuff from forming on the surface of the pool. You shock your pool several times a week with hefty doses of chlorine and acid, and you test the levels of pool chemicals every day. Despite your efforts to keep algae at bay, you must admit that it is an essential part of Florida’s natural beauty when it grows on tree trunks or logs or when it floats on the surface of the water, providing the perfect camouflage for alligators. Most of us think of algae as an annoying eyesore rather than a genuine health hazard. Algae can contribute to accidents that result in serious injury. If you got injured because a property owner failed to remove algae from their property, contact a Miami premises liability lawyer.

How Dangerous Is Algae Growing on Surfaces?

Premises liability laws enable customers and invited guests to seek damages from the property owner if they get injured in a preventable accident on the owner’s property. Accidents where the plaintiff fell on a slippery surface and got injured account for a large percentage of premises liability cases.

What Do the Criminal Courts Have to Do With Your Personal Injury Case?

Published on: October 27, 2023 | by Gerson & Schwartz, P.A.

Drunk driving is a crime, but not every person who causes a car accident while under the influence of alcohol gets criminal penalties. The civil courts and criminal courts operate independently of each other, so a Miami car accident lawyer can help you seek compensation if the drunk driver who caused your injuries was never convicted of DUI in criminal court.

How are Civil and Criminal Cases Different?

Most of the court cases you hear about on the news or see dramatized in movies are criminal cases, but most of the ones in which you or people you know well have been directly involved are civil cases. If you have ever gotten divorced, settled a deceased family member’s estate, or faced a lawsuit about an unpaid debt, the legal proceedings took place in civil court. Personal injury lawsuits are civil cases. As in many civil matters, the plaintiff in a personal injury lawsuit is asking the court to order the defendant to pay monetary compensation to the plaintiff to compensate the plaintiff for financial losses caused by the defendant’s negligence. The plaintiff can win the case if they can persuade that a preponderance of the evidence shows that the defendant’s negligence directly caused the plaintiff’s financial losses.

Complex Regional Pain Syndrome and Florida Car Accident Cases

Published on: October 20, 2023 | by Gerson & Schwartz, P.A.

If the injuries you sustained in a car accident do not affect your brain or spinal cord, then you have escaped the worst-case scenario, but plenty of other accident-related injuries can still cause chronic pain and make it difficult to work and engage in your usual daily activities. In some cases, the pain worsens over a period of days or weeks, which is bad enough when you and your doctors are just trying to find a way to manage the pain, but it is even worse when you are trying to persuade a car insurance company of how severe your accident-related injuries are. Getting injured is a financial burden, no matter the circumstances, but it is even more frustrating when you have to fight tooth and nail to get insurance companies to pay for your treatment. A Miami car accident lawyer can help you if your injuries feel worse than they look, and the at-fault driver or the insurance company is accusing you of exaggerating your symptoms.

Causes and Symptoms of Complex Regional Pain Syndrome

Complex regional pain syndrome (CRPS) is a set of troublesome symptoms that arise from an injury to a nerve in the arm, leg, wrist, or ankle. The nerve injury happens as a result of trauma to nearby bones or soft tissues. As a result, the syndrome affects an entire arm, leg, hand, or foot, the entire area controlled by the affected nerve. Symptoms include chronic pain, numbness or tingling, weakness, abnormal sweat production, abnormal growth of hair and nails, and changes to the color, temperature, and texture of the skin of the affected area. In some cases, the pain of CRPS is much worse than that of the acute injury that precipitated it. Some patients with CRPS are unable to work because their symptoms are so severe.

Dram Shop Liability and Other Kinds of Vicarious Liability

Published on: October 13, 2023 | by Gerson & Schwartz, P.A.

It only makes sense to file a personal injury lawsuit if the party you are suing has enough money to pay compensation for the financial losses you suffered due to their negligence. Personal injury lawsuits are not simply a game of laser tag where you take out your aggression against everyone who has ever done you wrong, nor are they a game of Whack-a-Mole, in which you clobber everyone within your reach until someone gives you money. In fact, personal injury lawyers help clients get their money by filing insurance claims at least as often as they sue. Identifying the parties legally responsible for the accident that led to your injuries is part of most clients’ first consultation with a personal injury attorney. If the driver who hit you is too broke to be worth suing, a Miami car accident lawyer can help you identify other parties that might be legally responsible for the accident.

The Concept of Vicarious Liability

Vicarious liability is where one person or entity is legally responsible for the actions of another. In car accident cases, plaintiffs most often invoke the doctrine of vicarious liability when the driver that hit them was driving as part of his or her job, and the vehicle belonged to the employer. For example, if you get into a collision with an Amazon delivery van and suffer serious injuries, you have the right to name Amazon as a defendant in a personal injury lawsuit arising from the accident.

What Do Motor Vehicle Blind Spots Have to Do With Your Florida Car Accident Case?

Published on: October 6, 2023 | by Gerson & Schwartz, P.A.

Imagine two people yelling at each other after a car accident. The first driver accuses the second one of driving in the first driver’s blind spot. The second driver says that the first driver should have paid more attention to where he was going. Driving in someone else’s blind spot is inevitable sometimes. When you are driving, you must be aware of your surroundings, including noticing if there is another car in your blind spot. Many accidents occur when drivers fail to notice a car in their blind spot. The good news is that most blind spot-related accidents do not result in severe injuries, but the bad news is that even an accident that does not involve serious injuries can be financially burdensome. If you are struggling with medical bills and other accident-related expenses after a collision in which one car was in another car’s blind spot, contact a Miami car accident lawyer.

Where are Your Car’s Blind Spots?

The better question is, where are your car’s blind spots right now? A blind spot is any part of the area near the car that you can’t see when you are in the driver’s seat, even when you look in the rearview mirror or the side view mirrors. Properly adjusting your mirrors will reduce the size of your blind spots, but it is not possible to have a truly panoramic view because of your car’s frame. Blind spots are the parts that are not visible ahead of you or through the car’s mirrors when you are driving.

How the Angle of the Collision Affects Injury Risk and Liability

Published on: September 29, 2023 | by Gerson & Schwartz, P.A.

Laws and etiquette dictate that, immediately after a car accident, you should pull off to the side of the road and talk to the other driver. The first thing you are supposed to say is, “Is anyone injured?” If someone is injured, you should call an ambulance immediately. If no one is injured, you should exchange contact information with the other driver and then give your explanation of how the accident happened to a police officer or to the insurance company. Except in the case of accidents that involve injuries severe enough to require emergency medical treatment, the biggest thing on your mind is probably whether the insurance company will find you at fault for the accident because the insurance companies’ decisions about fault affect how financially damaging the accident will be to you. The best way to get the money you need to cover your accident-related financial losses is to contact a Miami car accident lawyer.

The Worst Kinds of Collisions Are Not the Most Common

High speeds increase the risk of death or serious injury in a car accident; the slower the vehicles are moving at the time of impact, the more likely it is that no one will be seriously injured. Even at the same speed, some angles of impact carry a greater risk of severe injury. For example, striking another vehicle or a stationary object head-on is dangerous. Frontal collisions have the highest rate of fatality among collisions where the vehicles were traveling within the speed limit. They are also disproportionately represented among single-vehicle collisions. As with all car accidents, seatbelts and airbags reduce the risk of death or catastrophic injury in head-on collisions.