Miami Personal Injury Lawyer Blog

Can Miami DUI Accident Victims Get Compensation Without a Conviction?

Gerson & Schwartz, P.A. — Fri, 10 Apr 2026 16:04:54 +0000

Because of the devastating destruction and harm impaired motorists can cause, the penalties for drunk driving are serious. Under Florida’s Driving Under the Influence (DUI) law, a conviction could lead to fines, jail time, and a suspended license.

Injured victims also have remedies in civil court, but there is often confusion about the proceedings. A Miami drunk driving accident attorney can explain how these cases are different and why you do NOT need a conviction to recover compensation.

Civil DUI Injury Claims Versus Criminal Drunk Driving Cases

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What Evidence Do I Need for a Miami Nursing Home Abuse Claim?

Gerson & Schwartz, P.A. — Fri, 03 Apr 2026 16:03:16 +0000

Misconduct in assisted living facilities is so horrific that Florida law allows multiple ways to hold them accountable. For one, the penal code makes nursing home abuse and neglect a crime, charging the offense as a felony when a person engages in intentional misconduct. In addition, residents and their loved ones may pursue a claim in civil court, enabling them to recover compensation.

As with any legal matter, evidence is critical. Your Miami nursing home abuse and neglect lawyer will explain what you need to gain leverage in settlement discussions and court.

Proving a Miami Nursing Home Abuse Claim

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Tourist vs. Local: Recovering Damages After a Rental Car Crash in South Beach

Gerson & Schwartz, P.A. — Fri, 27 Mar 2026 15:59:41 +0000

The Sunshine State continues to be a top holiday destination, and recent tourism figures reveal that the trend is likely to continue. Official State of Florida statistics indicate that more than 143 million visitors arrived in 2025, setting yet another annual record.

Many of these tourists will get around South Florida by rental car, bringing with them an increased risk of auto accidents. If you were injured while visiting, it is essential to consult with a Miami rental car accidents attorney about your rights. You are protected, but there are some considerations to note.

Does Florida Law Treat Tourists Differently After a Car Accident in Miami?

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Do NOT Underestimate Soft Tissue Injuries in Miami Slip and Fall Accidents

Gerson & Schwartz, P.A. — Fri, 20 Mar 2026 23:58:48 +0000

Soft tissue injuries are common for victims of slip and fall accidents, but many people dismiss them as minor. Sprains, strains, and contusions fall in the category of soft tissue injuries, defined by the Cleveland Clinic as trauma to the spongy components of the musculoskeletal system.

Underestimating the severity of soft tissue injuries is a mistake for multiple reasons. A Miami slip and fall accident attorney can explain why taking these injuries seriously matters for your rights, but some additional information outlines why you should pay attention.

Herniated Discs and Back Injuries Can Mean Lifelong Pain

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What Damages are Available in a Fatal Accident Case in Miami?

Gerson & Schwartz, P.A. — Fri, 13 Mar 2026 23:56:58 +0000

A fatal accident is an unspeakable tragedy for the victim’s family, which is why Florida law protects these vulnerable survivors during difficult times. Under the Florida Wrongful Death Act, families in Miami can recover economic damages, such as medical bills and funeral costs, alongside non-economic damages for mental pain, suffering, and loss of companionship.

However, these claims are far more complicated than this summary. It is wise to seek legal advice from an experienced Miami wrongful death attorney who will pursue all available compensation under the statute.

Types of Damages Available in a Fatal Accident Case in Miami

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Hit by a “Super Speeder” in Miami? How Florida’s New Laws Help Your Claim

Gerson & Schwartz, P.A. — Sat, 07 Mar 2026 00:55:36 +0000

Motorists know the dangers of speeding, but some fail to appreciate that the risk of death doubles with every 10 mph of increased speed. Florida’s excessive speeding law, known as the new “Super Speeder Law,” marks a shift toward stricter road safety. As of January 2026, motorists exceeding certain thresholds face criminal charges instead of simple civil citations.

The law benefits victims, but it is critical to properly leverage the facts. Your Miami speeding accidents lawyer can help maximize compensation, and a legal summary is also useful.

Overview of Florida’s New “Super Speeder” Statute

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How AI Supports Victims of Miami Personal Injury Cases

Gerson & Schwartz, P.A. — Sat, 28 Feb 2026 00:53:45 +0000

As we see artificial intelligence (AI) enter so many aspects of our lives, it is not surprising that it offers support in the medical field. Statistics from the National Institutes of Health (NIH) reveal 30% improvement in arrival-to-care and almost 90% higher accuracy in predicting the severity of injuries in the emergency room. Though AI may support providers, NIH clarifies it will never be a replacement for them in treating accidental injuries.

AI can also help victims of accidents in other ways, especially when pursuing their legal remedies. A Miami personal injury attorney may refer to AI tools for:

The “Invisible” Injury: AI-Powered Diagnostics Uncover Hidden Damage

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What is the Difference Between a Personal Injury Claim and a Lawsuit in Miami?

Gerson & Schwartz, P.A. — Fri, 20 Feb 2026 09:52:46 +0000

In the wake of a life-changing accident, it is essential to understand both your legal options and the deadlines imposed by personal injury laws in Miami. Under Florida Statute 95.11, victims generally have only two years from the incident date to file a lawsuit. This strict rule creates a timeframe that sets the stage for your options, which are an insurance claim and a potential lawsuit.

Both remedies aim to recover the compensation you deserve as a victim, and a Miami personal injury lawyer works to ensure you obtain a fair amount. A summary of the differences between a claim and a lawsuit is also useful.

Personal Injury Claim vs. Lawsuit: Your Legal Path

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Miami Motorcycle Accident Injury and Death Statistics: 2026 Updates

Gerson & Schwartz, P.A. — Fri, 13 Feb 2026 09:50:57 +0000

Many Floridians enjoy motorcycle riding, but they are also well aware of the dangers that come with their favorite activity. According to statewide statistics reported by the Florida Department of Highway Safety and Motor Vehicles (FLMVHS), there are approximately 8,800 motorcycle accidents statewide every year. Around 560 motorcyclists are killed, and almost 7,600 are injured in these incidents.

If you were hurt in a collision, a Miami motorcycle accident lawyer can assist with your legal remedies and recovering compensation for your losses. Some statistics on crashes are sobering as we start the new year.

2026 Miami Motorcycle Accident Outlook: Primary Drivers of Motorcycle Crashes

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Misdiagnosis at Miami Hospitals: How the Discovery Rule Protects Your Rights

Gerson & Schwartz, P.A. — Fri, 06 Feb 2026 22:48:51 +0000

Health care providers are among the most respected professionals in Florida, especially being in close proximity to top-notch facilities like Cleveland Clinic Florida (Weston), University of Miami Hospital, and Mount Sinai Medical Center. However, when physicians make mistakes in diagnosing medical conditions, the outcomes can be harmful or deadly for the patient.

Florida law provides legal remedies through medical malpractice laws, but there are important deadlines patients need to know. A Miami diagnostic errors lawyer can explain details on how the statute of limitations and discovery rule apply to your claim, and an overview is useful.

What Qualifies as Medical Misdiagnosis in Florida?

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