GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Author: Ryan O’Connor

  • Aggressive Drivers: Danger on West Palm Beach Highways

    We’ve all been annoyed by aggressive drivers: the drivers that refuse to yield, follow too closely, make dangerous lane changes, pass on the wrong side, or run red lights as they hurry to get to their destination. But these drivers are more than annoying; they are a major cause of deadly West Palm Beach traffic accidents.

    Every year, an average of 27,000 people are killed because of aggressive driving. According to the National Highway Traffic Safety Administration (NHTSA), about 66 percent of all motor vehicle accident deaths are caused by aggressive driving behaviors. Aggressive driving is responsible for four times as many deaths as drunk driving.

    Florida Statute 316.1923 defines aggressive driving as committing two or more of the following acts either simultaneously or in succession:

    • Exceeding the posted speed by 15 or more miles per hour
    • Unsafely or improperly changing lanes
    • Following another vehicle too closely
    • Failing to yield the right-of-way
    • Improperly passing
    • Violating traffic control and signal devices

    Driving aggressively is a choice. It is not the fault of other drivers or of circumstances; however, certain factors are linked to aggressive driving are:

    • Traffic problems, crowded roads, traffic jams
    • Stress
    • Feeling rushed or running late
    • Delays from road work
    • Sleep deprivation

    Aggressive drivers put everyone in danger. Aggressive driving behavior is not the fault of other drivers, but following traffic laws and being courteous can help prevent you from becoming the victim of an aggressive driver:

    Aggressive Driving is not the same as “Road Rage”. But, in some circumstances, it can precede or cause road-rage. Road Rage is the criminal assault by one driver or passenger of a motor vehicle on another driver passenger of a motor vehicle. About 200 deaths a year are attributed to road rage.

    You can’t change the attitudes of other drivers, but you can follow traffic laws and drive safely.

    • Always merge with plenty of room.
    • Never cut people off.
    • When you are in the left lane, let others pass – even if you are going at the speed limit.
    • Don’t use obscene gestures.
    • Drive defensively.

    If you are the victim of a West Palm Beach aggressive driving accident, you need an experienced Florida accident attorney to make sure your rights are protected. In many cases, the aggressive driver’s insurance is responsible for your medical costs, lost wages, pain and suffering, and other damages. However, even if the other driver is clearly at fault, the insurance company may try to put the blame on you in order to reduce costs.

    Don’t let the insurance cmpany take advantage of you; contact West Palm Beach accident lawyer Craig Goldenfarb.

  • A Boat Out Of Water: When Boats Are Involved In Roadway Accidents

    It’s hot outside and both Florida residents and visitors are headed out to enjoy the water in boats. The Florida boat accident page of this website contains valuable information about preventing boat accidents while enjoying the water. But, did you know that boats can contribute to highway accidents on the way to the water?

    Why do boat trailer accidents occur?

    Many of those who tow trailers with boats down Florida highways have little experience driving with a 3,000 pound object in tow. In addition, many of these drivers are visitors to are area and are unfamiliar with the roads. When these factors are combined, drivers towing boats pose a Florida accident risk.

    How do boat trailer accidents occur?

    Many Florida boat trailer accidents involve turning. Like large trucks, vehicles hauling a trailer must make wide right turns. If the driver is not be used to hauling a trailer behind him, he may inadvertently hit another vehicle or even apedestrian.

    Accidents also occur when an improperly attached trailer becomes unhitched.

    What can I do to avoid boat trailer accidents?

    Realize that drivers hauling boats require a greater stopping distance than usual and need more room for right hand turns. Increase your following distance to compensate.

    What can I do if I am injured in a boat trailer accident?

    Florida boat trailer accidents are costly. The insurance company must pay for damages to an expensive boat, so they want to pin at least some of the blame on you. You may want to discuss your case with an auto accident lawyer in West Palm Beach. He can advise you on how to protect your claim and avoid taking the blame for an accident you did not cause.

    Craig Goldenfarb, an auto accident lawyer in West Palm Beach, offers a free initial appointment to Florida accident victims.

  • Think Ahead with These 7 Hurricane Preparedness Tips

    Each hurricane season, we face the possibility that a powerful hurricane will strike Palm Beach County. Hurricanes are not something we can control. But we can be prepared for the worst, by planning in advance.

    One of the most important steps you can take is to stock up on supplies for your home. Some important items you may need to have include:

    1. Water – You should have at least one gallon of water per day per person, for at least three days. You can buy bottles of water at the supermarket, and you can fill up your bathtub, sink, and any empty containers in your house.
    2. Food – Buy canned food and nonperishables – enough for at least three days. Also make sure you have a non-electric can opener, paper plates, and plastic utensils.
    3. Clothing – Anything that is protective, such as strong shoes and rain gear. It may not be fashionable, but you will be glad you have it.
    4. First-aid kits and medicines – If anyone is your house takes prescription medications, make sure you have enough on hand.
    5. Battery-operated flashlights and radios – Make sure that you have plenty of batteries, and that you have every type you need for the equipment in your house.
    6. Important documents – Keep these in a waterproof container, and have extra copies in your safety deposit box. These could include insurance policies, medical records, bank account numbers, Social Security cards, and lists of user names and passwords. Also make a list of all your valuables for insurance purposes.
    7. Games and toys – Finally, you should have books and low-tech toys and games, to pass the time.

    At the beginning of hurricane season, you may look at this collection and think it is a waste of space. But if a hurricane hits our area, you will be glad you thought ahead and prepared for it.

  • PIP Rates Increase, Despite Reform

    Could you be affected by the PIP rate increases in 2013? That will be the reality for many insured drivers in Florida. After reviewing the first round of filings submitted by insurers to the state’s Office of Insurance Regulation it appears most are increasing their PIP rates, despite the new legislation pushed by Gov. Rick Scott this spring.

    At least half of the first half-dozen filings approved by Florida regulators show an increase in PIP rates up to 26.3 percent. Not the anticipated result of the Governor’s legislation, which was supposed to lower auto insurance rates after sharp reductions in personal injury protection benefits. Some did see this coming however, such as Bill Newton, executive director of the Florida Consumer Action Network, who says, “We told you so.” He states, “Bottom line, consumers have lost benefits and many will see premium increases, not decreases.”

    Proponents of Gov. Scott’s legislation claimed it would lower costs for drivers by cracking down on up to $1 billion in fraud. But critics including Newton said the law was just a favor for insurers, who will still collect premiums for a state mandated $10,000 PIP coverage, but must pay fewer benefits. The law eliminates massage and acupuncture and limits non-emergency care to $2,500.

    Those with approved PIP increases include Florida Farm Bureau (8 percent), MGA Insurance (3.9 percent), and Agency Insurance (26.3 percent).

    Those with decreases include United Fire and Casualty (15.2 percent), Hartfod Insurance of the Midwest (15.2 percent for AARP renewals only), and Philadelphia Indemnity (10 percent for collector vehicles).

    Given the upcoming PIP changes, it’s important that every Florida driver review their policies to see how they will be affected. If you or someone you know is injured in an accident you’ll want to have the most up-to-date information regarding the limits of your insurance coverage before you need treatment. Please contact us at the Law Offices of Craig Goldenfarb if you have questions about what to do after an automobile accident.

  • A Florida Nursing Home Attorney Catalogues The “Red Flags” of Neglect

    When is it time to finally connect with a Florida nursing home attorney?

    This is a simple question with serious ramifications. If you suspect that a beloved senior has been victimized at his or her nursing home, what signs would confirm your diagnosis? Fortunately, you need not guess. The symptoms are straightforward, if also disturbing:

    Common Symptoms of Florida Nursing Home Neglect

    Look for these important warning signs that nursing home patients are being neglected. If you spot these practices, you need to take action. Lives are at stake:

    • Medication errors (e.g., a senior is overdosed or under-dosed by a caregiver)
    • Multiple instances of “slipping and falling”
    • Infections that recur regularly or that persist despite thorough treatment
    • Patients wandering off the facility
    • Bed sores
    • Hygiene problems (e.g., the resident does not appear groomed or clean when you visit)
    • Evidence of malnourishment or lack of hydration
    • Suffocation or strangulation. A federal government survey estimated that up to 30 deaths happen every year in nursing homes due to suffocation or strangulation in bed
    • Rapid weight gain or weight loss
    • Nursing home failure to report illnesses or other changes in health to the family promptly

    Note that this list of symptoms is neither comprehensive nor definitive. In other words, just because a senior presents some symptoms does not mean she has been victimized. On the other hand, a senior can be suffering from neglect, even if she exhibits none of these signs. Still, this list should help you start to clarify your thinking.

    When to Call a Florida Nursing Home Attorney

    As noted above, diagnosing neglect is challenging, both emotionally and legally. But there is no need to wait for certainty before getting legal help. Indeed, if you wait too long, the patient may get worse or suffer additional injuries — or even death.

    Connect with a Florida nursing home and abuse lawyer at the Law Offices of Craig Goldenfarb, P.A., immediately for a free and confidential consultation.

  • Florida Liability Lawyer Explodes Three Myths about Falls

    A good West Palm Beach personal injury lawyer should seek to educate people about premises liability law in Florida. Many people are confused: how might slip-and-fall law apply to your situation? In this essay, we will consider three widely believed myths about Florida slip-and-fall accidents and help you to start to think right about them.

    Myth #1: It’s easy to tell a serious slip and fall injury from a minor one.

    Reality: Not necessarily.
    If someone hit you on the thumb with a hammer, you would “not feel good” immediately. There would be no gap between the stimulus (the hammer blow) and your recognition of the injury (“Ow! My thumb hurts!”). But slip-and-fall injuries can be more challenging to identify. For instance, say you fall off a stepladder and bump your head slightly. You get a headache, but this goes away after a few hours. Unfortunately, the bump could have caused a minor concussion: you may not even notice the impact of your brain injury for a few days or even weeks.

    Myth #2: If the property owner has no money, you can’t obtain compensation.

    Reality: Other sources of money may be available.
    This is another example in which our intuition fails us. Say you visit an acquaintance’s home. The person is going through foreclosure. As you leave, you step through a rotted step and break your leg. The property owner has no money. So how can you rely on her to compensate you?

    The short answer is that other sources may be available. For instance, the homeowner might have homeowner’s insurance. If so, her insurance company should pay for damages. Alternatively, maybe she has access to a family trust or other assets that can be leveraged to pay for your care. A canny Florida liability lawyer knows that it’s important to overturn every legal rock.

    Myth #3: The only expensive injuries are ones that are painful and acute.

    Reality: Even “minor” injuries can cost you hundreds of thousands of dollars.
    Say you suffer whiplash after a fall down a flight of stairs. You might not be in that much pain. But over time, if the pain doesn’t recede, you may wind up visiting chiropractors, acupuncturists, physical therapists, orthopedists, neurologists, and other medical professionals. The bills mount up.

  • Florida Malpractice Attorney: Can You “Self-Diagnose” Malpractice?

    A West Palm Beach malpractice attorney can provide tools, investigative resources, and experience to help patients and their families determine whether malpractice has occurred.

    But do you really need a lawyer to make this assessment? Can you “self-diagnose” Florida malpractice and handle your situation on your own?

    Identifying possible malpractice: opportunities and traps

    Prior to the web, patients had few resources to help them question their diagnoses. Today, however, you can hop online and visit patient forums focused on conditions that range from tendonitis to ocular cancer. You can share stories and concerns with other patients and medical professionals. This can be a wonderful thing. You can find insights that you’d never have discovered on your own. For instance, you might discover an article that leads you to question certain lab test results. Or you might find negative reviews of your doctor or medical laboratory online. If you do suspect that “something strange is going on” with your diagnosis of your treatment, by all means, seek help and take action.

    On the other hand, researching on the Internet can be misleading. You could self-diagnose incorrectly and thus either delay getting the right treatment or engage in a treatment that’s entirely unnecessary, perhaps even harmful. At the end of the day, always consult with a qualified physician. Your doctor should understand and listen to you and provide the skills and tools to help you make progress.

    And just as you should never self-diagnose your medical conditions, so, too, you should you never self-diagnose malpractice. Fortunately, you don’t have to do this; a skilled Florida malpractice attorney can be a strong ally. The team at the Law Offices of Craig Goldernfarb, PA, can help you determine whether you have a case.

  • Examples of Pedestrian Accidents

    A typical injury lawyer in West Palm Beach is bombarded with horrific tales of pedestrian accidents on a regular basis. What are some common situations in which pedestrians find themselves threatened and injured? What can you to do protect yourself?

    3 Common Pedestrian Accident Scenarios in West Palm Beach (and Elsewhere)

    Intersection/Crosswalk Mayhem

    Whenever pedestrian traffic meets vehicular traffic, opportunities for disaster may emerge. Even when drivers and pedestrians are on their “best behavior” – and even when intersections are designed well – accidents can still happen.

    Why? Simply put, human beings did not evolve to drive cars, trucks, or motorcycles, so our ability to do things like gauge stopping distances of fast-moving cars is inherently poor.

    What you can do: Avoid busy intersections, if possible. When you cross the street, look both ways and turn off distractions, such as cell phones.

    Alcohol + Narcotics + Walking = Recipe for Disaster

    In their bestselling book, SuperFreakonomics, authors Steven Levitt and Stephen Dubner build the case that DUI pedestrians are, mile for mile, more dangerous than DUI drivers.

    What you can do: If and when you consume alcohol, prescription medications, or other narcotics, avoid driving. Call a cab or ask a sober person to drive you to your destination.

    Pedestrians Tempting Fate

    Pedestrians who cross where they shouldn’t, walk along busy streets at night without reflective clothing, and engage in other acts of obvious stupidity put themselves at a higher risk.

    What to do: Abide by rules of common sense (e.g. don’t wear all black and go jogging on a busy street at night). Also, take time to read about potential root causes of pedestrian accidents – especially if you walk or run a lot near roads. Your education is ultimately your best defense.

    If you were hurt in a pedestrian accident in West Palm Beach or elsewhere, the team at the law offices of Craig Goldenfarb can help.

  • Bad Batteries in AEDs Linked To Heart Attack Deaths

    If you suffer a heart attack in a public place, an AED may be the best chance of saving your life. But, what if the AED has no batteries?

    A new study of 1,150 deaths related to AED failure has found than almost one-quarter of these deaths are caused by battery problems. The study conducted by researchers at the University of Arizona was published in the Annals of Emergency Medicine.

    Dr. Lawrence A. DeLuca and his team looked at reports of 41,000 adverse events reported in AEDs over the past 15 years. While battery problems were a leading cause of AED failure, problems with wiring and pads were of equal concern.

    Causes of AED Failure:

    • Battery/power failure: 23.2%
    • Pad or connector problems: 23.7%

    The study was inspired by DeLuca’s own experience. He was on vacation at a resort when another guest went into cardiac arrest. DeLuca grabbed the AED and tried to administer rescue shocks. However, as soon as the machine started to charge, it went dead. Although the doctors ran to get another AED, it was too late. The man died. DeLuca, a professor of emergency medicine, blames AED battery failure.

    Quick treatment with an AED is essential for surviving cardiac arrest; the likelihood of restarting the heart by 7 percent to 10 percent every minute increases. AEDs and their batteries should be checked regularly to ensure that they are in working order in the event of an emergency.

  • How Much Does The Average Car Accident Cost?

    How Much Does The Average Car Accident Cost?

    This is a hard question to answer. Car accidents can potentially cost drivers large amounts of money, but there are Florida car accidents that do very little damage. A fender bender may cost $100 to fix or $500. Because the cost is low, many of these accidents go unreported in order to avoid increased insurance premiums. Other accidents are so serious that the cost in human lives and lost opportunity is impossible to calculate.

    Minor Car Accidents

    A minor car accident is considered an accident where there are no physical injuries and the damage to the vehicle can be repaired. Most minor car crashes usually end up costing the driver between $200 and $1000.

    Serious Car Accidents

    When a car accident involves bodily injury and/or leaves the vehicle inoperable, it is considered a serious accident. When medical bills, property damage, and lost wages are totaled, the cost of a serious a serious West Palm Beach accident is usually over $5,000. An accident resulting in disabling injuries or death can cost significantly more.

    Even if you are at fault, if you have adequate insurance, your personal the cost of the accident should be limited to the amount of your deductible. Learn if your insurance coverage is adequate in our article: “An Auto Accident Attorney in West Palm Beach Asks: Do You Have Enough Insurance to Cover Your Palm Beach County Car Accident Costs?”