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Nicholas I. Gerson

Nicholas I. Gerson

Gerson & Schwartz
  • Maritime, Medical Malpractice, Personal Injury...
  • Florida
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Practice Areas
  • Maritime
  • Medical Malpractice
  • Personal Injury
  • Products Liability
Additional Practice Areas
  • Car Accidents
  • Wrongful Death
  • Free Consultation
Jurisdictions Admitted to Practice
United States District Court for the Middle Districts of Florida
United States District Court for the Southern Districts of Florida
Professional Experience
St. Thomas University School of Law
Professional Associations
Florida State Bar # 20899
Dade County Bar Association
United States District Court for the Southern District of Florida
United States District Court for the Middle District of Florida
Florida Justice Accociation
Legal Answers
11 Questions Answered

Q. Can you file a wrongful death case against a taxi company that refused to transport a person to the hospital in time?
A: No. The cab company has no legal duty to timely transport someone to the emergency room.
Q. What law enforcement agency has jurisdiction over criminal activity at sea?
A: Generally the FBI and local port authority.
Q. If my sons are both passengers in a car in Florida, get rearended by the at fault driver, who insures my boys?
A: Assuming you own, or whoever the boys live with own a vehicle then your insurance will cover up to 10,000 each in medical expenses. Beyond that you will need to see if the at fault party and vehicle owner carried bodily injury coverage. If not, you would have to carry um motorist coverage.
Q. Someone crashed into me, who will cover the charges for my vehicle?
A: Yes. Your gap insurance should pay the difference between the fmv and what you owe. Always try and go through your own insurance company before you attempt to go through another.
Q. We live in fl , on vacation my wife broke arm in a Va. Hotel national chain ,should i consult a fla att or grt one in Va
A: Virgina
Q. Are cruise ships subject to admiralty law if I get injured on one?
A: Yes. Call me if you would like to discuss the facts of your case. 305-371-6000. You can also email me the details at
Q. What are the key differences between maritime law and regular personal injury law? Can't I just hire a regular personal
A: The answer to your question is probably not. In maritime law cases, such as cruise ship accidents and injuries many cruise lines require claims brought in certain jurisdictions like federal court in Miami Florida. Maritime law also is a complete different body of law as opposed to state law. You need a lawyer who specializes in that area. If you have any questions, you can email my office about your case at with more specifics about your case. My firm specializes in maritime law. Gerson and Schwartz PA. You can call us at 1-877475-2905.
Q. If I'm injured on a cruise ship, would that fall under maritime law or regular personal injury?
A: Maritime law, not state law.
Q. Am I required to answer all of the questions at a deposition after my car accident? I was not at fault.
A: There is no blanket answer to this. But for the most part yes. Questions about the accident, incident, your background, and other questions about you personally are usually permitted. But some questions can go too far. A lawyer will be able to advise you what questions you shouldn't answer or what is considered confidential and protected.
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Contact & Map
Gerson & Schwartz
1980 Coral Way
Miami, FL 33145
Toll-Free: (877) 475-2905
Telephone: (305) 371-6000
Fax: (305) 371-5749