Miami Personal Injury Lawyer Blog

How to Hold Unlicensed Drivers Accountable for Car Accidents

Gerson & Schwartz, P.A. — Fri, 11 Sep 2026 17:02:25 +0000

All drivers in Florida are required to be licensed. Unfortunately, not all motorists you encounter on the road adhere to the law and may not have a valid driver’s license in place. This can create serious problems. Unlicensed drivers lack insurance and are generally more likely to engage in dangerous driving behaviors that make car accidents happen. When these impact you or a loved one, it is important to be aware of how you can hold them accountable.

The Risks Unlicensed Drivers Pose on Fort Myers Roads

Unlicensed drivers pose a hazard to themselves and others. According to statistics from the National Highway Traffic Safety Administration (NHTSA), they are responsible for more than 20% of all car accidents that occur each year. Unfortunately, as Florida has one of the highest rates of unlicensed motorists, residents of Miami are at a greater risk of encountering an unlicensed driver on the road. Among the common reasons people drive without a license are:

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Repetitive Stress Injuries: Workers’ Comp or Injury Lawsuit?

Gerson & Schwartz, P.A. — Fri, 04 Sep 2026 17:00:41 +0000

Repetitive Stress Injuries (RSI) are part of a category of workplace injuries recognized in federal and Florida state law. RSIs sustained from physical pressure on the body from awkward posture, force, lifting, or repetitive motion can cause physical degeneration of the body. Claimants seeking compensation have chronic medical conditions as a result of RSI such as Carpal tunnel syndrome; Cubital tunnel syndrome; Degenerative discs; Hearing loss; Neck and shoulder injuries; and Tendonitis.

Medical Records

RSI claims can be complex. Medical records documenting chronic pain are required for an employee to file an RSI claim. Chronic pain may include: joint stiffness, muscle swelling, numbness, permanent nerve damage, and overall physical weakness. RSI claimants with a record of chronic pain connected to work activity on the job can seek Workers’ Compensation.

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Back to School, Back on the Road: A Miami Parent’s Guide to Safe Driving This Fall

Gerson & Schwartz, P.A. — Sat, 29 Aug 2026 01:26:34 +0000

School is back in session, so many parents are adapting to the new schedule and getting kids to class on time. Safety is always on your mind, but the new school year is a good time for a reminder about the risks of traffic collisions. The US Centers for Disease Control and Prevention (CDC) reports that more than 1,000 children under 14 are killed and 161,000 are injured in motor vehicle crashes every year.

Families have legal options after an auto crash, and a Miami car accident attorney can help you recover compensation for your losses. However, you can protect yourself and your family with a few back-to-school driving safety tips.

School Zone Safety Rules and Speed Limits

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What Happens to Your Case if You Post About Your Accident on Social Media?

Gerson & Schwartz, P.A. — Sat, 22 Aug 2026 01:24:12 +0000

The vast majority of people in the US are active on social media, and they spend time across multiple sites on a regular basis. Statistics indicate that almost 95% of Americans use social media each month, accessing six different sites each month.

Because social media plays such a large role in everyday lives, you might not hesitate to post about your experiences if you were injured in an accident. Sharing gives you a personal connection, but it can also lead to mistakes that harm your rights. A Miami personal injury lawyer can advise you on what happens to your case if you post about your accident on social media, and be aware of the following details.

How Insurance Companies Use Social Media Against Accident Victims

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Crime Victim Rights in Florida: Damages in Negligent Security Cases

Gerson & Schwartz, P.A. — Fri, 14 Aug 2026 21:59:41 +0000

Florida criminal laws take violent crimes seriously, imposing severe penalties for a conviction. Even simple assault is a Second Degree Misdemeanor, punishable by up to 60 days in jail and a $500 fine. These penalties provide some closure for crime victims, but you should realize that you have additional legal options if you were injured.

It is possible to seek compensation through a negligent security claim, but the adverse party is not the attacker, as you might expect. You might have grounds to pursue a careless property owner, and a Miami crime victims attorney can explain the process. Some information on damages in negligent security cases is also useful.

What is Negligent Security Under Florida Law?

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Florida’s “Wet Floor” Law and Effects for Your Miami Slip and Fall Accident

Gerson & Schwartz, P.A. — Fri, 07 Aug 2026 21:57:24 +0000

Slip and fall accidents fall under premises liability law, which requires property owners to keep their spaces safe and free from hazards. Florida has enacted specific laws in this area, including a “Wet Floor” statute on transitory foreign substances. This measure makes sense in a humid climate where moisture can linger and pose a safety threat.

The effect of the law means that victims have a statutory burden to meet, so it is critical to get help from a Miami slip and fall accidents attorney who knows the Wet Floor law. An overview also explains how it may impact your case.

What Is Florida’s Transitory Foreign Substance Statute?

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Is a Voluntary Product Recall a Defense to a Products Liability Claim in Miami?

Gerson & Schwartz, P.A. — Fri, 31 Jul 2026 19:29:18 +0000

A voluntary recall on contaminated greens has made recent headlines after being linked to cases in at least 41 US states, but so many more defective products do not make the news. Fortunately, the US Consumer Product Safety Commission (CPSC) publishes a list of recalls, whether announced by the company or ordered by the government. These actions are in addition to taking the defective products off shelves, but many dangerous items still wind up in Florida households.

When you think about a voluntary recall, you might assume that this is an admission of liability. However, there are other legal requirements when pursuing a claim, and a Miami products liability lawyer can help you meet them. Some answers to FAQs are helpful as well.

Does a Product Recall Protect Manufacturers From Lawsuits?

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Burned by the Sun Deck: When Cruise Ships Fail to Prevent Hot Surface Injuries

Gerson & Schwartz, P.A. — Mon, 20 Jul 2026 01:20:07 +0000

Of all the types of injuries that happen on cruises, burns from hot surfaces on pool areas and decks are something you do not expect. Considering the direct sun that strikes these surfaces all day long, the temperatures reach molten-hot levels quickly. As a result, the risk of serious injuries is high when cruise operators fail to protect passengers.

Cruise lines can be liable for any injury that results from their negligence, including burns from hot surfaces. A Miami cruise ship accident lawyer can explain the legal process, but some information about your rights is helpful.

How Cruise Ship Decks Become Dangerously Hot

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Why Motorcycle Accidents in Miami Often Result in Higher Settlements

Gerson & Schwartz, P.A. — Fri, 17 Jul 2026 08:24:16 +0000

Motorcycle accidents comprise a lower percentage of Miami traffic incidents, but the devastation is far more significant. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are almost 9,000 motorcycle crashes every year, and more than 92% of them lead to at least one casualty.

Another unfortunate figure is that the losses for riders are shockingly high, in turn leading to higher settlements. You can count on a Miami motorcycle accident attorney to aggressively pursue all amounts to make you whole after being injured.

Miami’s Heavy Traffic and Road Hazards

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How Hidden Injuries Could End Up Costing You Thousands

Gerson & Schwartz, P.A. — Fri, 10 Jul 2026 14:22:56 +0000

Accidents are a common threat across all demographics. Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that more than 26 million people visit the ER for unintentional injuries every year. However, many victims decline to seek medical care after an accident – a mistake that could be very costly when pursuing legal remedies.

You could put your rights at risk by not getting the full picture on your medical condition, so trust a Miami personal injury lawyer to advise you on how hidden injuries could end up costing you thousands.

You May Feel Fine After an Accident and Still Be Seriously Hurt

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