Gerson & Schwartz Accident & Injury Lawyers

What Does Personal Injury Law Cover?

Personal injury laws provide legal recourse for accident and injury victims who sustain bodily harm caused by others. An injury claim or lawsuit may arise from a negligent, careless, reckless, or even intentional act. General principles of negligence state we all owe a duty of care to others based on the circumstances.

The wrongdoer in an injury claim may be an individual, a corporation, a small business, or a professional. Our 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. Any person, corporation, or combination of parties can be negligent if they breach their duty of care to others.

Negligence does not require culpable intent. The conduct that caused the harm only must 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 facts and circumstances our personal injury lawyers will analyze in every case.

Our Miami Personal Injury Practice Includes

Personal Injury

Our personal injury lawyers in Miami represent victims and their families for all types of accident and serious injury related events. Catastrophic injuries such as traumatic brain injuries, spinal cord injuries, burn injury, paralysis, loss of limbs, and loss of bodily functions are life changing outcomes resulting from auto, car and motor vehicle accidents, motorcycle crashes, truck accidents, premises liability, defective products, and medical malpractice. We have been to trial on every type of these cases. All are within our extensive experience.

Car Accidents

We aggressively represent our clients in car accident cases including every mechanism of injury from head on collisions, T-bone collisions, side impact crashes, drunk driving accidents, rear-end crashes and defective manufacture and/or product design cases against manufacturers. Our personal injury attorneys have a long history dating back to 1971 negotiating and litigating all types of automobile accident cases. If we are retained to represent you, our lawyers will gather all evidence needed to support your case in court. All potential evidence will be investigated and preserved to maximize full and fair compensation for our clients.

Speeding Accidents | Reckless Driving | Pedestrian Accidents | Drunk Driving | Careless Driving | Uber Accidents

Motorcycle Accidents

Motorcycles are ingrained in American culture and are here to stay. Most riders are safety conscious and careful. Unfortunately too many motorists don't respect the motorcyclist's equal rights to use the roads and highways. Others simply don't keep a lookout for cycles, bikes, and pedestrians. Our Miami personal injury attorneys understand the laws that apply to motorcycles and have experience enforcing them when riders are injured because of someone else's negligence.

Motorcycle Accident Injury & Death Statistics | How to Find the Best Motorcycle Accident Lawyer in Miami | Motorcycle Accident Safety Tips | Common Motorcycle Accident Injuries | Serious Motorcycle Accidents in Miami

Slip and Fall Accidents

Slip and falls accidents are common. Careful investigation often reveals these accidents are preventable if landowners and business operators undertake thoughtful reasonable safety measures. Slip resistant floor applications, elimination of tripping hazards, improved lighting and signage warning of hidden dangers are some of the remedies our lawyers have demonstrated in court to show how simple accident avoidance can be. Almost always land and business owners try to blame the victim. The truth is most guests on the property of others are careful and blameless when the root causes of a fall are determined.

Over the years, our accident lawyers have succeeded helping Miami slip, trip and fall accident victims in every imaginable scenario. From slippery surfaces, non-conforming steps, inadequate hand rails, poor visual conspicuity, inferior cleaning and maintenance practices are just some of hazards creating unnecessary and avoidable risks which lead to serious injury and even death for unsuspecting visitors.

Our accident & injury lawyers in Miami have the experience and expertise to prove in court that the land and business owners were at fault, not the victims.

Slippery Surface Falls | Retail Store Slip and Fall Accident Cases | Common Causes of Slip-and-Fall Accidents | Slip-and-Fall on Public Property | Slip and Fall on Private Property | Unsafe Cleaning Practices

Truck Accidents

Trucks are not just bigger cars. These multi-ton industrial vehicles are designed differently. The safety and comfort manufactured into automobiles take a second priority to road dominating these freight moving machines. Special rules apply to commercial truck drivers as well as the vehicles they drive and tow. Some Miami attorneys lack the experience and expertise needed to understand the liability of transportation enterprises. The attorneys of Gerson & Schwartz Accident & Injury Lawyers, have the resources, experience, and know how to help truck accident victims.

Overview of Federal Motor Carrier Safety Regulations | Truck Driver Negligence | Accidents Caused by Truck Driver Fatigue | Distracted Driving Truck Accidents

Catastrophic Injuries

Catastrophic injury cases are very different from other cases. Finding enough financial responsibility to compensate injured parties for the lifelong consequences are always a challenge. Some law firms only look at initial insurance policy information to determine whether there is adequate insurance coverage. In car, auto, motorcycle accidents where there are serious to catastrophic injuries we always conduct a thorough investigation of the case facts to identify and pursue all potential parties. Our Miami injury attorneys explore all potential parties and investigate all viable legal theories before a final determination is made.

Burn Injuries | Brain Injuries | Spinal Cord Injuries

Premises Liability

Every landowner and business operator in control of property owes a duty of reasonable care to people who are lawfully on the property. Inadequate security and safety are the core features of liability lawsuits when someone is a crime victim, slips or trips and falls, or is harmed by some other dangerous condition on another's property. We know how to measure the safety needs and compare the measures undertaken to make and keep property safe. When the owners and operations fail eventually somebody gets badly harmed. Let us help you understand what happened, why, and how it could have been prevented. We will be prepared to prove it in court too.

Cruise Ship Accidents

Different laws, federal, state and foreign apply to cruise ship injury and death claims. Some require more experience to understand compared to land based tort law. Our lawyers are skilled at representing injured passengers and crew members who suffer serious injuries at sea. Our attorneys are trained to understand the complex web of international treaties, agreements, international maritime law, and laws of foreign countries.

Cruise Ship Slip and Falls | Trip and Falls | Cruise Ship Crime

Wrongful Death

This special remedy exists by statute. It provides compensation to statutory survivors of all types of wrongdoing. Whether it is automobile, truck, cruise ship, airline, premises liability, medical malpractice, defective product or some other mechanism of injury we have the experience to apply the wrongful death laws for the benefit of our clients.

Child Injuries

Our children are the most vulnerable people in our society. They sometimes do childish things. Our laws provide many accommodations to the needs of our kids. Lower speed limits, adult supervision, and product warnings are just a few we can mention here. No identifiable group has less ability to protect themselves from harm nor does any need our help more. When a child has been injured special care is needed to help to full recovery. Our Miami personal injury lawyers have over 50 years of experience understanding the extra care needed to help child injury victims recover and grow to normal happy adulthood.

Injuries at Day Care Facilities

Crime Victims

For over 50 years, we have represented crime victims in civil cases suing for money damages. Over this span of years, every type of crime victim lawsuit has been brought including cases for victims of murder, kidnapping, armed robbery, rape, sexual assault, assault and battery, stalking, sexual molestation, and others. Terrorism, threats, intentional infliction of emotional distress and/or mental pain and suffering, domestic violence and abuse, clergy and school abuse, exploitation, and other individual wrongs done to our clients have been the subject of our practice. Countless victims have benefited from our experience and dedication to helping people.

Child Sexual Abuse | Hotel Crime Victim | Crime Victim Tourists | Public Housing Crime Victims

Negligent and Inadequate Security

These types of cases are usually filed when people are seriously injured or victimized on public and private property. We have successfully brought lawsuits for negligent and inadequate security measures against shopping centers, bars, hotels, motels, theaters, concert halls, apartment buildings, other places where public gatherings take place. Retailers, landowners, business owners and operators, store owners, security companies, special event promoters, and others have been held accountable for serious injury victims and wrongful death because of our commitment to justice for innocent victims.

Rape & Sexual Assault | Places Where Negligent Security Might Occur | Night Club Security | Uninsured Negligent Security Cases

Medical Malpractice

Our law firm has brought cases in virtually every medical specialty for failure to correctly diagnose, failure to provide appropriate treatment, and surgical errors. We admire doctors, nurses, and all providers for their commitment to public health and dedication to helping overcoming disease and traumatic injury. However, when mistakes are made professionals must be accountable. When lawyers or engineers commit an error, we sue them too. Doctors and hospitals are no different. We make them accountable for their negligence and to pay what the law requires.

Diagnostic Errors | Physician Errors and Hospital Malpractice | Radiology Malpractice

Personal Injury Damages in Florida

Injury victims and their families are entitled to recover full compensation for financial losses caused by the negligence of others. The total amount of money you may recover includes both economic and non-economic losses. Economic losses mean fire rescue, air/land/sea ambulance, hospital and doctor bills, future medical treatment including surgery, and other out of pocket expenses. Injury victims can also recover for lost income, loss of earning capacity, and loss of employment benefits suffered as a result of their inability to work.

Non-economic damages include money for pain and suffering, mental anguish, disability, scarring, disfigurement, the loss of capacity to enjoy life for both physical and psychological harms. All of these non-economic losses are part of the human loss after traumatic injury from an auto accident, motorcycle crash, a catastrophic injury, a disease caused by a product or wrongful death of a loved one.

To summarize, after an accident or harmful event you may entitled to financial compensation for:

When you come in for a consultation our Miami personal injury attorneys will discuss all of these possible losses with you to explain how they may apply to you and your family.

Put Our Experience to Work to Protect You and Your Family

The decision to hire a personal injury lawyer is an important one. When disaster has changed a family's lives careful selection of an attorney who has successfully helped others is crucial. Remember that when you choose an attorney upon whom you will be depending for justice.

For more information about how we can help, contact one of our injury lawyers by calling (305) 371-6000. We are also available toll free at (877) 475-2905. We are waiting for your call and are ready to answer any questions you may have about your legal claim. You can also receive a response from one of our lawyers directly by contacting us online. We strive to respond to all new case calls and email inquiries within 24 hours or less.

To learn more about the Florida attorneys at Gerson & Schwartz Accident & Injury Lawyers visit Philip M. Gerson's profile. We encourage all potential clients to browse our website to learn more about our law firm, including some of our recent jury verdicts and settlements. Se Habla Español.