Personal Injury Practice

Skill and experience are the hallmarks of good law firms. But the best law firms, the lawyers who take important cases, win significant jury verdicts, and obtain substantial court settlements must have other key characteristics: creativity and determination. At Gerson & Schwartz P.A., our Miami personal injury lawyers have been representing accident victims and their families throughout Miami, Fort Lauderdale and other parts of South Florida for more than 50 years. 

We only represent clients who have sustained serious and catastrophic injuries or lost loved ones due to negligent, careless, or reckless conduct of others. Philip M. Gerson, Edward S. Schwartz and Nicholas I. Gerson, are dedicated to seeking justice and known for providing aggressive and effective legal representation. The firm has a well established reputation in the South Florida legal community as personal injury attorneys who fight until the very end and never settle a client's case unless it's a fair and just outcome in the best interests of the client and his or her family.

At Gerson & Schwartz P.A., we are committed to our clients and have a track record of obtaining substantial damages awards and negotiated settlements evidenced by our past case results. Often this requires extraordinary financial investment in case costs and limitless hours of hard work to make sure no client gets less then they deserve. We invest as many resources and as much time as necessary, working around the clock to ensure that each client receives fair compensation for their harms and losses.

Personal injury lawsuits in Florida are based on common law and statutory principles of ordinary human negligence, corporate negligence, professional negligence or defective products. Simply explained, negligence cases require a legal duty owed to the victim, breach of the duty by the wrongdoer, causation of harm for both economic and non-economic losses. Florida personal injury laws protect victims who are injured by another party's negligence, but our state is also unique in many ways which protect or immunize wrongdoers too. For instance, Florida is one of very few states that exempt residential homes from judgment creditors. This is referred to as "homestead" exemption. This legal rule limits injured victims remedies against real estate assets in cases when damages exceed the amount of insurance available.

Other unique aspects under Florida personal injury laws unfairly act as a practical limitation on financial recovery from careless drivers because liability insurance is not required for everyone. In Florida, vehicle owners are not required to carry liability insurance many situations. Drivers are only required to carry insurance to pay for their own medical bills and for property damage they cause to other vehicles in a car crash. Florida is one of the states that operate under a "no fault" insurance system which leaves many injured victims and their families without compensation beyond medical bills and wage losses. Remarkably, property owners, business operators, and even doctors and other professionals are not required to maintain liability or malpractice insurance. Frequently, the victims don't even find out until after they have been harmed. Of course, many do carry liability insurance, but not all. It is heartbreaking to tell a family the truth about how powerful business interests have influenced legislation to permit wrongdoers to escape financial responsibility for harm caused to innocent people.

However, at Gerson & Schwartz creative lawyering, sometimes called "thinking outside the box" often has led us to alternative financial resources to compensate for our clients' losses. Our Miami injury lawyers invite you learn more about the many types of personal injury claims that are possible and the resourcefulness Gerson and Schwartz, PA has demonstrated to find solutions for people's problems when other law firms couldn't help.

Our Miami injury lawyers only focus on representing clients in accidents, serious injury and death cases due to the careless and negligent acts of third parties. Our mission is simple. Our job is to find the truth and use it in courtrooms to get justice for our clients and thereby promote safety for others.

Personal injury is a broad term that covers many legal issues. We have successfully represented clients in the full range of personal injury and wrongful death cases, including those related to:

• Car accidents
• Distracted driving
• Rear end collisions
• Rollover accidents
• Chain reaction accidents
• Crime victims
• Motorcycle crashes
• Premises Liability lawsuits
• Truck accidents
• Auto & motor vehicle accidents
• Bicycle accidents
• DUI-related collisions
• Pedestrian accidents
• Injuries to children
• Inadequate or negligent security
• Slip and falls / trip and falls
• Dangerous conditions on property
• Maritime accidents
• Accidents on cruise ships
• Medical malpractice
• Brain injuries
• Burn injuries
• Spinal cord injuries
• Catastrophic injuries
• Construction accidents

Personal injury cases in Florida are lawsuits based on common law and statutory principles of negligence. In all negligence cases, in order to recover compensation for economic or non-economic losses, the victim must show that the defendant owed a legal duty of care to him or her, that the wrongdoer breached of that duty, and that this breach caused the harm at issue. In other words, a negligence claim may arise from a defendant’s failure to act with reasonable care in a way that injures the victim or even takes his or her life. Potential damages for such injuries can include coverage for amounts including:

• Medical bills
• Future medical care
• Lost income
• Loss of future earning capacity
• Disability
• Pain and suffering
• Loss of society, companionship, and financial support
• Scarring and disfigurement
• Funeral expenses
• Psychological harms
• Inability to lead a normal life

Sometimes, punitive damages may be recovered in instances where there is gross negligence, reckless disregard for the life and safety of others, or intentional harmful wrongdoing. Situations where these damages may apply include cases involving motor vehicle accidents caused by drunk drivers, distracted drivers, and other intentional harms such as rape, sexual abuse, assault, battery, and even homicides.

The wrongdoer in a personal injury case may be an individual, a corporation, a small business, or a professional. Our experienced personal injury attorneys have assisted numerous clients by thoroughly investigating the causes of their accidents and injuries, identifying all responsible parties, and seeking compensation from all wrongdoers and their insurers.

Our Miami, Florida personal injury law firm is here to help you understand and pursue your legal rights and remedies. We are well versed in all relevant issues related to personal injury and wrongful death claims under Florida law. We understand the law, insurance, and medicine which will apply to your legal claim. All of our accident attorneys in Miami have extensive courtroom experience and our senior partner has tried over 350 jury trials over the last four decades.

Our commitment to every client is to help each get a full cup of justice. That means we go as far as needed. We won't hesitate to bring your case to trial and to a jury. We will take or defend appeals to the highest court in the land.

At Gerson & Schwartz, P.A., we understand that being seriously injured or suffering the sudden loss of a loved one is a traumatic and life changing event. It is this compassion that allows us to enter our 49th year of helping Miami accident victims and their families.

Whether helping people who have been injured from crime, recklessness, or due to the negligent acts of third parties, we are here to help our clients overcome the consequences. We have walked along side countless families who have felt a life changing loss. When people ask to "find a personal injury lawyer near me", we are there, If you or a loved one has been seriously injured in an accident in Miami-Dade, Broward, Fort Lauderdale, Coral Gables, or any part of South Florida contact a personal injury lawyer at Gerson & Schwartz, PA to schedule a free consultation.

This is one of the most commonly asked questions on every client's mind. All clients want to know the answer to this question. The truth is no two personal injury cases are identical. Case evaluation skills applied to all facts and circumstances hold the answers. Our ability to make accurate assessments of case value is based on our extensive trial experience.

Since every case is different a thorough analysis of all evidence is needed. The facts of each case differ from one to the next. How much money your case deserves depends on many factors which our law firm understands and can explain. The accident facts, legal liability, available insurance, applicable laws, and other relevant evidence are just some important factors our lawyers will analyze.

Other relevant factors to consider in a personal injury claim evaluation under Florida law are:

• Who is to blame for what happened?
• How much are the past and future expected medical costs?
• What is the effect on the client's ability to earn money?
• How has the lifestyle of the client been changed?
• Are there other contributing causes to the harms and losses?
• What are the financial resources of those who are responsible?
• What are the long term physical and emotional effects on the injury victim and family members?

When the answers to these questions are known we can make judgments about case values. Also important is whether or not there are lost wages, and whether any future medical care or treatment is needed. Your job status, past medical history, pain and suffering, and how well you recover after you are injured are also important factual considerations. We know how to evaluate your case based on liability evidence, your injuries, and the fair value of your economic and non-economic damages.

Florida law has unique limitations that can bear on your ability to recover in a personal injury case, so the guidance of a knowledgeable lawyer that specializes in accident and injury claims is critical. For instance, under Florida law, vehicle owners are not required to carry bodily injury liability insurance when driving. Drivers are only required to carry car insurance to pay for their own medical bills and for property damage they inflict on another vehicle in a car crash. Additionally, business operators, property owners, and even doctors and other professionals are not required to maintain liability or malpractice insurance under Florida law.

Florida is also one of a very few states that exempt residential homes from judgment creditors. This is referred to as the "homestead" exemption. This legal rule can limit injured victim's remedies against certain real estate assets in cases when damages exceed the amount of insurance available.

This is where the creativity we believe is essential to effective lawyering comes in. For 50 years, "thinking outside the box" has helped us to uncover numerous alternative financial resources to compensate for our clients' losses, and help them get their lives back on track following a serious accident.

Over 50 years of legal experience is a benchmark very few law firms can match. The creative and determined South Florida personal injury lawyers at Gerson & Schwartz P.A. are ready to listen to your story and fight for your rights today. We offer free consultations and can evaluate your case, your legal rights, and how much your claim may be worth based on your individual circumstances. We work on a contingency basis, which means that you do not pay us unless and until we recover damages for you. We proudly represent clients in communities all over South Florida including Miami-Dade, Coral Gables, Broward, Fort Lauderdale, and West Palm Beach. For more information on how we can help you, contact us online or call us toll free at (877) 475-2905 today. Se Habla Español.

Gerson & Schwartz, PA only handles all cases for a contingent fee. That means there are no attorney’s fees unless we collect money on your behalf. There are also no upfront costs. The percentage we may receive under this agreement is prescribed by law and depends upon the nature of the accident and the amount you recover. Contingent fee agreements permit everyone, rich or poor, to have equal access to the judicial system in the event of injury.

For more than 50 years, our knowledge and experience has been gained in courtrooms throughout Florida and in other states too. We have received many awards as recognition of our work on behalf of injury victims. Professionals can’t have expertise in every field of law. You wouldn’t to go to a doctor who wasn’t board certified. And you should have a lawyer who meets the skills and experience criteria needed for certification who specializes in the type of law and procedure you need. We welcome the opportunity to talk confidentially with you to share our experience helping clients who were injured just as you were.

The value of experience doesn’t end with settlement or trial. Knowledgeable counsel can advise on how to avoid tax consequences for personal injury recoveries. Also, there are strategies to preserve the right to public benefits even though a money recovery might seem to extinguish eligibility. We have helped many clients plan for their medical and personal futures with the compensation we have recovered. Protection for spouses, children and even charities can be provided for when a personal injury settlement or jury verdict is collected.

Frequently Asked Questions

Personal injury laws provide legal recourse for accident and injury victims who sustain bodily harm caused by others. A personal injury claim or lawsuit may arise from a negligent, careless, reckless, or even intentional act. General principles of negligence state we owe a duty of care to others. Any person, corporation, or combination of parties can be negligent if they breach their duty of care. Negligence does not require intent. The conduct that caused the harm only has to fall below the level of care a reasonable person would use under like circumstances. The nature and extent of the duty owed depends on the circumstances.

Personal injury cases in Florida are lawsuits based on common law and statutory principles of negligence. In all negligence cases, in order to recover compensation for economic or non-economic losses, the victim must show that the defendant owed a legal duty of care to him or her, that the wrongdoer breached of that duty, and that this breach caused the harm at issue. In other words, a negligence claim may arise from a defendant’s failure to act with reasonable care in a way that injures the victim or even takes his or her life.

Settlements or verdicts may include damages for (a) medical bills, (b) future medical care, (c) lost income, (d) loss of future earning capacity, (e) disability, (f) pain and suffering, (g) loss of society, companionship, and financial support, (h) scarring and disfigurement, (i) funeral expenses, (j) psychological harms, and (k) inability to lead a normal life.

Sometimes, punitive damages may be recovered in instances where there is gross negligence, reckless disregard for the life and safety of others, or intentional harmful wrongdoing. Situations where these damages may apply include cases involving motor vehicle accidents caused by drunk drivers, distracted drivers, and other intentional harms such as rape, sexual abuse, assault, battery, and even homicides.