How Laws are Different for Florida Truck v. Car Accident Cases
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
1M ago
Truck accidents are fortunately not among the most common traffic-related incidents in Florida, but they do tend to cause extreme devastation when they happen. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are around 9,640 crashes every year involving semis, 18-wheelers, delivery trucks, and other large commercial vehicles. More than 300 people are killed and another 5,050 victims are injured in these collisions. In other words, approximately 55 percent of all truck accidents lead to at least one casualty, usually in the passenger vehicle.  Under Flo ..read more
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Three Lawyers to Avoid in Your Personal Injury Case
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
1M ago
If you suffered serious injuries in a preventable accident, then you are making the right decision by working with a personal injury lawyer. Pursuant to Florida’s Tort Reform Law of 2023, the deadline for filing most personal injury lawsuits is two years. That means that there is no time to lose in choosing a lawyer to represent you in your personal injury claim.  It does not hurt to visit more than one lawyer before you make a decision, especially if the lawyers offer free initial consultations. These are some red flags to look for at initial consultations. If you see any of these inausp ..read more
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Does a Pre-Existing Injury Bar My Florida Accident Claim?
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
3M ago
Starting from when you were a toddler, you have likely had many injuries ranging from minor to severe over the course of your lifetime. Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that more than 50 million people seek emergency treatment or care from a physician for accidental injuries. These will be part of the long-gone past in most cases, but some prior injuries could impact your rights if you were hurt in an accident.    There are countless reasons an insurance company may claim to deny payment in an accident case, and one of them ..read more
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Tips for Choosing a Bicycle Helmet for Your Child
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
4M ago
The holidays are over, and for the many Florida children who received bicycles as gifts, the fun can begin right away. The year-round warm climate means kids will soon be heading out for a ride, and the US Centers for Disease Control and Prevention (CDC) has some interesting statistics on the subject. American children are hooked on bikes, and an estimated 33 million of them ride around 10 billion hours every year. The downside is that there are still many risks involved, especially when bicycling around Miami. Almost 400 children are killed, while another 450,000 are treated in hosp ..read more
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Should You Settle Your Personal Injury Case or Go to Trial?
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
4M ago
People threaten to sue each other all the time, but only a small fraction of these lawsuits actually materialize. Perhaps, at the scene of the car accident that caused your injuries, the other driver even threatened to sue you, even though it was obvious to everyone that the other driver bore most of the fault for the accident. Empty threats aside, people who genuinely intend to sue often change their minds once they realize the amount of work that goes into filing a lawsuit and preparing for trial. Being a plaintiff in a civil lawsuit is as stressful as being a defendant. Personal injury lawy ..read more
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Florida Theme Parks and Premises Liability
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
4M ago
Florida has arguably the highest density of amusement parks of anywhere in the world. With so many thrills in a relatively small geographic area, accidents are bound to happen sometimes. Of course, people choose amusement parks over sources of excitement that occur in more natural settings for a reason. One can reasonably expect to lounge by a lagoon at a theme park without getting picked off by an alligator, but all bets are off if you are lounging by a naturally occurring lagoon on public land, much as paying admission to walk through a Halloween haunted house attraction is supposed to be le ..read more
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How Do I Report a Miami Boating Accident?
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
6M ago
Whether you love fishing, cruising, adventure sports, or other water-based fun, you cannot beat the year-round beautiful boating weather in Miami. With no end to the season, the waterways of South Florida attract both residents and visitors. Despite being a responsible boat operator, it is still possible to be involved in an accident, considering the crowds, weather, and water conditions. In most cases, you should report to the Florida Division of Law Enforcement, Fish and Wildlife Conservation Commission (FWCC). However, sheriff’s offices in South Florida have robust, well-equipped ..read more
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Serious Head Injuries in Miami Pedestrian Accidents
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
7M ago
Walking is sometimes the most convenient and fastest way to get to your destination in Downtown Miami. However, it is not always the safest. Even when you are not in a motorized vehicle, you are considered a road user and a vulnerable one compared to other drivers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there have already been almost 6,500 pedestrian accidents so far this year statewide. By the end of 2023, there will be up to 730 fatalities and more than 7,900 victims injured while walking. Unlike other vulnerable road users like motorcycle ..read more
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Punitive Damages in Florida DUI Accident Claims
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
9M ago
Despite decades of public safety campaigns on the dangers of drunk driving, statistics indicate that DUI accidents remain a significant problem. The Florida Department of Highway Safety and Motor Vehicle (FLHSMV) reports almost 5,000 crashes involving an impaired driver every year. More than 350 people are killed in these incidents, and another 2,885 suffer injuries in DUI collisions, leading to significant losses for victims and their entire families.  Drunk driving is a crime, and it is charged as a felony in Florida when a person is killed or injured in a DUI accident. If you ..read more
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Why Wear a Motorcycle Helmet Regardless of Florida Law
Gerson & Schwartz | Miami Accident Lawyer Blog
by Gerson & Schwartz, P.A.
10M ago
Responsible motorcycle riders in Florida know the law on helmets, so you are aware that the statute is somewhat unusual. There are specific motorcycle helmet requirements based on age, and insurance surprisingly plays a role. A person is prohibited from riding a motorcycle unless they are wearing a motorcycle helmet that complies with federal regulations, and it must include an eye-protective device. However, a person 21 years or older can operate a motorcycle without headgear IF that individual is covered by a $10,000 medical insurance policy to cover injuries.  You could recei ..read more
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