personal injury

Seek Immediate Medical Treatment if Your Child Suffers These Accidental Injuries

Published on: September 2, 2022 | by Gerson & Schwartz, P.A.

While it is disturbing to know that accidents are the number one cause of death for children and teens, Florida parents should also be concerned about the potential for serious injuries. According to the US Centers for Disease Control and Prevention (CDC), almost 21 million children receive care at hospital emergency departments to treat unintentional injuries annually. The top cause of accidental harm is falls, which injure more than 6.8 million young victims. Motor vehicle accidents take the #2 spot, leading to around 2.87 million ER visits for children aged 0 to 14. The CDC even tracks emergency care for dog bites, which cause harm to 316,400 kids.

Seeing your child in pain from accidental injuries is horrifying for a parent, and the financial and emotional implications hit hard. It is encouraging to know that you have options under Florida law, and a Miami child injuries lawyer can assist with the legal process. Because proper medical treatment is so critical for your child’s health and your legal remedies, always head straight to the ER for:

Excessive Bleeding: A cut or laceration will usually lead to bleeding, but it is cause for concern if the injury is deep enough to cause significant blood loss. The accident could have led to arterial or venal bleeding, in which the blood vessels running either to or from the heart are ruptured.

Top Three Workplace Injuries in Florida

Published on: August 12, 2022 | by Gerson & Schwartz, P.A.

While there are some industries where on-the-job accidents occur more frequently, the truth is that workplace injuries are a threat to employees in any market sector. Data compiled by the Florida Division of Workers’ Compensation (FL DWC) reveals that there are more than 64,000 total cases of work-related medical conditions reported every year, many of which involve days off work, a job transfer, or restrictions on activity. For injured employees and their families, the physical, financial, and emotional losses hit hard.

Two sets of laws apply to job-related accidents, and most employees will qualify for benefits under Florida’s workers’ compensation system. However, you may have rights under state personal injury laws in some cases. It is important to trust a Miami workplace injuries attorney for advice and counsel on remedies, as well as assistance with the legal process. Some information on the top on-the-job injuries is also helpful.

Back Injuries: Coming in third place is harm to the back, including injuries from the cervical to the sacral spine. Almost 8,700 of all workers’ compensation claims involve these injuries, many of which are incurred through trauma. Strain from repetitive movement, especially in the lower back, is also a source of injuries.

Verdict in Tesla Case Shows How Comparative Fault Works in Florida

Published on: July 15, 2022 | by Gerson & Schwartz, P.A.

Though the electric vehicle automaker will still have to pay compensation to the plaintiffs, Tesla recently gained a victory of sorts after a jury’s verdict in a Florida auto defects case. According to NBC Miami News Channel 6, jurors initially awarded $10.5 million to the family of a teen victim who was killed in a fiery, single-car collision in 2018. Then, after rendering a verdict in favor of the plaintiff, the amount was then reduced to $105,000 through application of the state law on contributory negligence. The plaintiff had claimed that the lithium ion batteries in the Tesla Model S were defective, leading them to burst to flames upon impact. However, the jury found that the deceased victim was partly to blame for speeding.

The victim’s family may be disappointed with the outcome, while Tesla breathes a sigh of relief for not having to pay the full $10.5 million in damages. Still, the case is useful for showing how Florida’s statute on comparative fault in product liability matters. A Miami auto defects attorney can explain how the law may impact your rights, though a legal summary is useful.

Pure Comparative Fault Reduces Compensation

Top Causes of Miami Accidents and Your Remedies as an Injured Victim

Published on: July 1, 2022 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death and disability in the US, but you might not appreciate the risks of being injured as you go about your day in Miami. Data from the US Centers for Disease Control and Prevention (CDC) is disturbing: Unintentional injuries kill almost 201,000 fatalities yearly, placing them in the #4 spot after heart disease, cancer, and COVID. Plus, accidents send almost 98 million people to the ER, while another 25 million people visit their primary care physician for treatment of unintentional injuries.

Personal injury accidents are preventable and usually only occur because of negligent acts, so it is reassuring to know that Florida law protects your interests. However, there are multiple remedies available depending on the circumstances, and you must meet the relevant legal requirements to qualify for compensation. It is wise to get help from a Miami personal injury and accident lawyer if you were hurt because of:

Motor Vehicle Collisions

Miami-Dade County to Pay $4 Million for Catastrophic Spinal Cord Injuries

Published on: June 10, 2022 | by Gerson & Schwartz, P.A.

Six years after suffering catastrophic injuries in a South Florida car accident, a young girl and her family will finally gain some financial relief for their devastating financial, physical, and emotional losses. Miami NBC-affiliate WFLA News Channel 8 covered the story, reporting that the victim’s spinal cord was severed in a collision with a police cruiser. The officer driving the vehicle was speeding through an intersection without properly working traffic lights as Hurricane Matthew was bearing down on the state in 2016. The girl, an infant at the time, was traveling in a vehicle driven by her mother when it entered the intersection. The police cruiser smashed into the car, causing an impact that severed the victim’s spinal cord.

The $4 million was reached by settlement of the parties, and it is the largest sum Miami-Dade County has ever paid for an accident claim. You should consult with a Miami catastrophic injuries lawyer if you or a loved one suffered harm to the brain, spinal cord, or spine, but a few points about this case are informative.

Distribution of the Settlement Award

One Dead, Two Injured in Horrific Parasailing Accident in Florida Keys

Published on: June 3, 2022 | by Gerson & Schwartz, P.A.

In yet another example of an enjoyable vacation experience gone tragically wrong, a woman was killed and two children were injured in a parasailing accident in the Florida Keys on Memorial Day. According to the Miami Herald, the three victims were aloft and enjoying flat calm conditions when storms suddenly surrounded them within minutes. The wind “pegged” the parasail, meaning that the chute becomes controlled by wind gusts instead of the boat towing the apparatus. In response, the vessel’s operator cut the line tethered to the victims. The three plunged from an unknown height and were dragged several yards by the chute, before colliding into the Seven Mile Bridge.

On its face, the incident seems to be a clear case of liability on behalf of the boat operator. However, there are additional factors that could complicate a wrongful death or personal injury claim. A Miami resort and vacation injuries attorney will help navigate challenges, and some details on the recent accident are informative.

Negligence v. Recklessness

Miami Pedestrian Accidents Spike During Summer Months

Published on: May 27, 2022 | by Gerson & Schwartz, P.A.

In most northern US states, the significant difference between weather in the summer and winter months means more people on foot once the temperatures rise. That may not be the case around Miami, but you might be surprised to learn how pedestrian accidents spike from June through August. According to the Florida Department of Highway Safety and Motor Vehicles, (FLHSMV), almost 200 people are killed and more than 2,600 victims are injured in the 3,300 pedestrian accidents that occur in South Florida every year. Approximately one-half of these incidents happen between Memorial Day and Labor Day.

There are multiple factors that combine to create safety risks when walking in the summertime, and the details are useful to know in terms of prevention. However, the statistics above are proof that injuries to people on foot still occur despite the use of caution. You should discuss your legal options with a Miami pedestrian accidents attorney, as you may be entitled to compensation for your losses as a victim. Some background on the reasons behind the spike is also helpful.

Longer Days

E-Scooter Use on the Rise in Miami: Safety Tips and Reminders

Published on: May 20, 2022 | by Gerson & Schwartz, P.A.

As consumer prices continue to soar and people are feeling more pain at the gas pump, many people are turning to an unexpected source of transportation for getting around Miami: E-scooters. According to a May 25, 2022 press release, the current market size for e-scooters is $626.8 million and expected to reach $806.3 million by 2032. Besides the financial benefit of not requiring gas, e-scooters are:

Lower in cost than purchasing a passenger vehicle;
Convenient to fold-up and stow instead of parking; and,

Three Laws Victims of Miami Maritime Accidents Need to Know

Published on: May 13, 2022 | by Gerson & Schwartz, P.A.

Due to its location, climate, and ease of access to the Atlantic Ocean, Caribbean Sea, and other major waterways, it is no surprise that Miami is a major shipping and cruising hub. In fact, the Port of Miami is one of the busiest cargo ports in the US, and it is the largest passenger port in the world. The sprawling facilities located in Biscayne Bay account for more than 334,000 jobs and bear an economic impact of $43 billion for the State of Florida every year.

Working around harbors and watercraft of all sizes is dangerous, so these 334,000 maritime employees are putting their lives and safety at risk every workday. The potential for injuries and even life-threatening accidents is high, so it is reassuring to know that there are several laws that protect you. The key is knowing which ones apply to your situation, and a Miami maritime accidents lawyer can explain the details. Your circumstances may trigger:

The Jones Act

April is Distracted Driving Awareness Month: Understanding the Dangers

Published on: April 8, 2022 | by Gerson & Schwartz, P.A.

Even after years of public safety campaigns and issuing tickets for cell phone use, it seems that many motorists could use a reminder on the dangers of texting, talking, and other forms of distracted driving. Once again, the National Highway Traffic Safety Administration (NHTSA) is hosting its annual Distracted Driving Awareness Month this April 2022. The “U Drive, U Text, U Pay” slogan is directed at prevention through pointing out the financial implications, but other details are important for revealing the risks of distracted driving. This risky misconduct causes more than 3,100 fatalities every year and, instead of decreasing, the number of deaths is on the rise.

It may be tempting to grab your phone while behind the wheel, but you are less likely to reach for it when you understand the dangers. While you should consult with a Miami distracted driving accidents lawyer if you are involved in a crash, it is helpful to review some tips in avoiding the temptation.

Why Distracted Driving Increases the Risk of Crashes