Miami Personal Injury Lawyer Blog

Parents: Tell Teens What to Do After a Miami Car Accident

Published on: August 25, 2023 | by Gerson & Schwartz, P.A.

Parents and the public in general spend a lot of time explaining safety rules for teen drivers, warning them about hazards, avoiding texting, and encouraging them to get experience. What they do not mention in these awareness campaigns is what to do after a car accident happens. According to the Florida Teen Safe Driving Coalition, there are more than 800,000 registered drivers in the state aged 15 to 19 years old. On average, these motorists cause around 84,000 traffic crashes, resulting in 350 fatalities. The highest collision rates in Florida are in the 18 to 19 age group, while nationally the age is 16 to 17.

These statistics are horrifying for parents, but there is the aftermath of the crash to consider when you are not present. Your child is hurting, confused, and overwhelmed by the chaos. You no doubt have stressed all the safety recommendations and implemented rules to avoid them, but you must also prepare teen drivers for what to do after a Miami car accident.

Dial 911

Employer Liability for Truck Accidents in Florida

Published on: August 18, 2023 | by Gerson & Schwartz, P.A.

Truck accidents thankfully make up a small number of the total motor vehicle crashes that occur on Florida roads every year, but statistics show that they are still massive in their devastation. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are more than 10,300 crashes involving semis, 18-wheelers, tractor-trailers, and other large commercial trucks every year statewide. Around 350 people are killed, while another 5,300 victims suffer injuries ranging from minor to catastrophic.

You may be aware that you have rights under Florida law, and the most logical party to hold accountable is the truck driver who caused the accident. However, a trucking company or other employer may also play a key role in terms of putting a safe truck and operator on the road. Failures with these responsibilities could also cause a truck crash, even when the employer is miles away from the collision. Your Miami truck accident lawyer will explain reasons to pursue the company as a potential party because it may be liable for the following.

Negligent Operations

How Long Do I Have to Sue After a Miami Car Accident?

Published on: August 11, 2023 | by Gerson & Schwartz, P.A.

South Florida is one of the most dangerous regions of the state to drive in, and statistics prove the risks. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 128,000 total traffic crashes in Miami-Dade, Broward, and Palm Beach Counties every year. Around 800 people lose their lives and 67,400 victims are injured in these incidents. They suffer massive losses because motorists do not exercise care behind the wheel.

Fortunately, state law provides you with remedies if you were hurt or lost a loved one in a crash. As with all personal injury cases, there is a statute of limitations to keep in mind. Florida recently enacted tort reforms that affect your deadlines, so you should rely on a Miami car accident lawyer to assist with your claim. An overview of the legal process and timing issues is also useful.

Florida’s Traffic Crash Statute of Limitations

The Big Three Misdiagnosed Conditions in Florida Medical Malpractice Cases

Published on: August 4, 2023 | by Gerson & Schwartz, P.A.

Doctors are not perfect, but you still expect that their education, training, and experience will lead to quality patient care in diagnosing medical conditions. The statistics reported by Agency for Healthcare Research and Quality (AHRQ) are disturbing, with missed or delayed diagnoses comprising 21% of all medical malpractice claims. These figures do not include misdiagnosis instances where there was no adverse event or harm to the patient. The numbers are much higher and should not be disregarded, as they still constitute serious mistakes.

Researchers have found through their analysis that there are three medical conditions that are wrongly diagnosed at higher rates than others. These are relatively common ailments, so you should become familiar with the risks. Mistakes may constitute medical malpractice, and a Miami diagnostic errors attorney can assist with your claim. Some information on the top misdiagnosed conditions is also helpful.

Big Three Conditions Most Frequently Misdiagnosed

Steps to Take if You Suspect Your Child Has a Concussion

Published on: July 28, 2023 | by Gerson & Schwartz, P.A.

Children are physically active, play hard, and participate in sports, often not realizing the risk of serious injuries. Unfortunately, kids often do not appreciate the fact that they suffered a head injury. Parents must be vigilant, as there can be serious medical implications when a child’s developing brain suffers trauma. Experts at the US Centers for Disease Control and Prevention (CDC) warn that concussion can disrupt a child’s development and limit their ability to participate in recreational activities, important parts of becoming an adult.

As the parent of a young child or one that tends to ignore injuries, it is up to you to take action when you suspect a concussion. Your To-Do’s center on your child’s health and well-being, but there are some tasks that are necessary to protect your legal rights under Florida law. You can trust a Miami child injuries lawyer to handle the process, and keep in mind the following steps:

Look for Symptoms of Concussion

Scenic, Safe Routes for E-Scooters in Miami

Published on: July 21, 2023 | by Gerson & Schwartz, P.A.

E-scooter-sharing services are popular as a way to get around for work and errands, and statistics from recent years are proof. According to the Governors Highway Safety Association (GSHA), there were 52 million e-scooter trips in 2021 – up more than 50% from the previous year. These vehicles are affordable to rent, easy to park, and convenient in highly congested urban areas like Miami. Plus, they are also a fun way to see the city’s sights, attractions, and neighborhoods. It is true that you can ride your bike, but using an e-scooter is cooler and more enjoyable in the tropical climate of South Florida.

However, e-scooters are not permitted in all areas of Miami. The nature of the sharing services has made it necessary for officials to limit where you can ride for the safety of all road users. However, there are still plenty of routes that are both scenic and safe so that you can avoid the risks of e-scooter accidents in Miami. Check out the following when you are up for a ride.

1. Ocean Drive: If you want to experience city action on one side and gorgeous beach views on the other, head to South Beach and ride along Ocean Drive. There are designated bike lanes that are accessible to e-scooters and several parks along the route for a quick stop to rehydrate. If you want a longer rest, countless restaurants and bars line the length of Ocean Drive.

Does the Court Need to Approve a Florida Wrongful Death Settlement?

Published on: July 14, 2023 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death in the US, and a factor that makes them even more tragic is that they are preventable. Negligence by others is the reason behind motor vehicle crashes, slip and falls, medical malpractice, dog bites, and related incidents. Fortunately, Florida’s wrongful death law allows surviving family members to seek damages from the negligent party. Your first step in the legal process is usually filing an insurance claim and attempting to settle, but you may need to go to court if the insurer does not agree.

There are numerous benefits to settling a wrongful death case, and the majority of claims are resolved by agreement. However, when you are taking legal action, you probably wonder about the court’s involvement in your settlement discussions. There are laws and procedural rules that cover these cases, and you do not want pitfalls to stand in the way of enforcing your rights. While it is important to retain a Miami wrongful death attorney for help, some information on court approval of settlements is useful.

Court Approval for Settlements

Factors That Affect Damages for Florida Nursing Home Abuse and Neglect Cases

Published on: July 7, 2023 | by Gerson & Schwartz, P.A.

The nursing home environment is often the most engaging and safest place for individuals who cannot live independently because of age-related medical conditions or dementia. Fortunately, there are many options available depending on the resident’s needs. The Florida Health Care Association (FHCA) reports that there are 691 nursing homes licensed to operate in the state, representing almost 84,500 beds. Facilities range from group homes and assisted living to memory care units and skilled nursing services.

Most nursing homes provide quality care as expected, but there are serious consequences for those that fail in their legal duty. Residents can suffer serious harm, which is why Florida law protects them by providing legal recourse. You may qualify to recover damages, either on behalf of a loved one or for injuries to you. There can be challenges with compensation, so count on a Miami nursing home abuse and neglect lawyer to ensure you receive a fair amount. Some background information is useful for understanding damages.

Basics of Monetary Damages

Dangers of Electric Vehicle Auto Crashes in Miami

Published on: June 30, 2023 | by Gerson & Schwartz, P.A.

Electric vehicles (EVs) have increased in popularity in recent years as motorists seek ways to reduce their carbon footprint and avoid paying high gas prices. According to the US Department of Energy, Florida drivers are certainly on board with the benefits. The Sunshine State ranks second in the US when it comes to EV registrations, at almost 95,650 and growing. These vehicles are becoming more affordable as well, also a factor in the rise in electric vehicles on the road.

However, when you look at an EV, you might not realize that there are multiple features that make them extremely dangerous. They are very different from vehicles powered by internal combustion engines, and the occupants of the autos are the ones who suffer. If you were hurt, it is important to work with a Miami EV car accident lawyer who understands the subtleties. You can also read on for a description of the risks and tips on what to do.

Risks of Being in a Crash With an EV

What is a Miami Resort’s Duty to Protect Against Criminal Activity?

Published on: June 23, 2023 | by Gerson & Schwartz, P.A.

South Florida has always been a popular destination for tourism, but you might be surprised to learn how the figures have increased in recent years. According to the Greater Miami Convention and Visitors Bureau (GMCVB), more than 26.5 million visited the Miami area in 2022, including 19.2 million overnight visitors. This rise represents an increase of 2 million visitors over 2021, as people are drawn to the region for business trips and vacations.

Because of the year-round warm temperatures, sun, and beaches, many visitors are attracted to the all-inclusive properties, luxury accommodations, and other resorts. These gorgeous, lavish hotels offer all the amenities, so you might overlook the fact that some may be shirking their responsibilities regarding safety. Criminal activity is common in a large city, and resorts must protect guests. You should discuss your remedies with a Miami resort accident lawyer if you were injured in a criminal incident because operators do have responsibilities.

Duties of Resorts and Hotels