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

Author: Ryan O’Connor

  • How to Handle a Personal Injury Claim – Craig Goldenfarb, P.A.

    How to Handle a Personal Injury Claim – Craig Goldenfarb, P.A.

    [vc_row][vc_column][vc_column_text]

    Personal Injury Claims: When You Need a Lawyer

    Handling a personal injury claim can be confusing, but if you have been the victim of the carelessness of others that caused unsafe conditions, you need someone on your side. You may be wondering how to file a personal injury claim or need a personal injury lawyer; you’ve come to the right place because the Law Offices of Craig Goldenfarb is here to assist you.

    Here are the some of frequently asked questions in regards to personal injury:

     

     

    Our team of expert personal injury attorneys and staff will guide you through the process of getting the appropriate medical treatment while we work on building a case to get you the maximum amount of compensation that you are entitled to under the law. We will engage the insurance companies directly on your behalf and represent your best interest so that you can focus on recovering from your injuries.

     

    Long-Term or Permanently Disabling Injuries

    Any accident that occurs is unfortunate, but in some circumstances, due to their critical nature, personal injuries can lead to long-term or permanently disabling injuries. Personal injury can come in many forms such as:

    • Car accidents
    • Slip and fall
    • Toxic exposure
    • Malpractice
    • Plus many more

    In some cases, the effects of these injuries can last a lifetime which is why it is critical to find a personal injury lawyer who understands what the proper compensation is for your circumstances. Handling a personal injury case means looking at many factors including the accident itself, medical bills, and the length of recovery.

    Severe Injuries

    Handling a personal injury case that resulted in severe injuries requires the special skill and attention of a dedicated legal team like the ones found at the Law Offices of Craig Goldenfarb.

    A severe personal injury is often defined as one that results in the loss of a limb, eyesight, or hearing. Injuries that cause permanent and lasting damage to an organ or loss of function of an organ or significant limitation on the function of an organ.

    Any list of personal injury lawyers can file a claim, but our law firm has a vast amount of experience across a variety of personal injury case types, including severe injuries, delivering personalized service with unparalleled expertise.

    Common Types of Personal Injury Cases

    Not sure if your injury is included in the personal injury list? Here are some of the most common types:

    If you or someone you know has been the victim of any of these circumstances, we want to help you recover medically, financially, and emotionally.

    Car Crashes

    In the hours and days following a crash, you will likely feel overwhelmed – how do you file a personal injury claim? When to get medical treatment? Will your bills be paid for? Will your insurance company honor the claim? Whose fault was the accident? Will the other driver accept responsibility?

    It is their job is to alleviate all of these concerns so you can focus on recovering from the mental and physical personal injuries from the car crash.

    Slip and Fall Accidents

    There may be many reasons a slip and fall injury would occur but all of these situations have one thing in common: property owners have failed to do their duty to ensure that they diligently maintain a safe environment for their customers. Slip and fall injuries result in personal injuries that can lead to serious or permanent injuries as a result. The pain may last for years if not treated quickly and properly, which unfortunately might even require surgery to correct. The Law Offices of Craig Goldenfarb handles cases involving:

    • Damaged Flooring
    • Oily Surface Area
    • Torn or Bulging Carpet
    • Debris or Loose Materials
    • Wet or Moist Floor Surfaces
    • Improperly Waxed Floor
    • Broken Sidewalk or Walkway
    • Poor Lighting
    • Loose Floorboards
    • Narrow Staircases
    • Loose or Damaged Hand Rails
    • Uneven Pavement

    We represent victims injured by a fall due to unsafe conditions at commercial or private premises.

    Retail & Grocery Store Accidents

    Grocery shopping is a necessary task which is why it is so important for these stores to be diligent about providing a safe environment. Accidents such as carelessly placed displays, slippery floors, falling signs, and other hazards can cause serious harm and can have a significant impact on your life.

    Our team of retail store negligence injury lawyers at the Law Offices of Craig Goldenfarb, understands the store’s insurance company will likely try to minimize the compensation they payout. If you experience any of the following personal injuries while in a retail store, you should file a personal injury claim immediately:

    • Slip and Falls
    • Head and body injuries from falling objects, dangerous displays, out-of-reach objects, etc.
    • Shopping cart injuries
    • Overcrowding injuries, such as trampling at a holiday sale
    • Parking lot injuries, like those that result from broken parking stops or holes in the concrete.

    Construction Site Accidents

    Construction site injuries are on the rise and according to the Bureau of Labor Statistics, we have seen a 2% increase each year. It is the duty of a construction company to maintain a safe environment for employees and guests but more personal injuries continue to occur such as:

    • Lack of fall protection for workers at elevated heights
    • A lack of protection for workers on the ground to protect them from falling objects like debris
    • Tripping hazards from construction materials and debris
    • Missing guards or protections on power tools
    • Dangerous or poorly maintained equipment
    • Lack of safety precautions when working near power lines
    • Lack of protection for workers in trenches

    The company’s insurance carrier will try to minimize the compensation they pay out while the effects of your personal injuries continue to mount. Our team of construction site injury lawyers at the Law Offices of Craig Goldenfarb, P.A. understand your legal rights and are not only devoted to securing for you the maximum amount of compensation possible but also helping you recover from your injuries, so your life can get back on track as soon as possible.[/vc_column_text][/vc_column][/vc_row]

  • Rafael J. Roca Named Vice President of Hispanic Human Resources Council

    Rafael J. Roca Named Vice President of Hispanic Human Resources Council

    Rafael J. Roca, Esq. Headshot
    Rafael Roca named Vice President of the Board of Directors for HHRC

    Palm Beach County, FL. – The Law Offices of Craig Goldenfarb, P.A. are proud to announce that Civil Trial Attorney, Rafael J. Roca, Esq., has been named Vice President of the Board of Directors for the Hispanic Human Resources Council, Inc. (HHRC).

    Roca, a board-certified attorney who joined the firm in early 2020, has volunteered with HHRC for over twenty-five years. His efforts in the courtroom are matched only by his work serving the Hispanic community. A natural extension of representing individuals and families, Roca will lead the organization in their efforts to advancing the rights of the Hispanic community in Palm Beach County.

    “I am proud to serve my Hispanic friends and neighbors here in Palm Beach County,” shared Roca. “I have focused my career on helping others and that includes philanthropic volunteer work. The work the Council does to reach, assist and empower the Hispanic community is something that is incredibly important to me.”

    The Hispanic Human Resources Council – 40 Years of Public Service in Palm Beach County

    HHRC was founded in 1976 in West Palm Beach by a group of individuals dedicated to increasing options for Hispanic residents of the community. Now, the oldest and second largest organization in Palm Beach County, HHRC provides quality daycare, adult education and social assistance to those in need.

    “We are grateful for the support Rafael has provided to our organization,” shared Jorge Avellana, Executive Director of Hispanic Human Resources Council. “He has not only remained an integral part of our organization, but he is committed to growing with us. We are looking forward to his leadership this coming year.”

    About Rafael J. Roca, Esq.

    Rafael Roca was born in Holguin, Cuba, and immigrated to the United States when he was only ten months old. He was raised in Miami, Florida, and attended Florida State University for his undergraduate program. He received his J.D. degree from St. Thomas University School of Law, and soon after moved to Palm Beach County, where he’s lived and practiced law for more than thirty years.

    In his professional career, Roca has been an advocate for injured clients, earning many significant accolades and securing millions for clients with a focus on assisting them to getting their lives back on track. He has been consistently ranked by SuperLawyers, Million Dollar Advocates Forum, The Florida Justice Association, The American Association for Justice, The Florida Lawyers Action Group, the Endowment for Academic Giving to Law and Education and achieved a level of expertise achieved by only 1% of Florida attorneys.

    In addition to his professional achievements, Roca’s philanthropic work includes serving as a Past-President of the Minority Affairs Committee for the Palm Beach County Bar Association, past chairman of the Hispanic Affairs Committee for the City of West Palm Beach, and other leadership roles with the Hispanic Bar Association.

    To learn more about this appointment, or Roca’s many cases involving wrongful death, catastrophic automobile accidents, and slip and falls, please visit www.800goldlaw.com or call (561) 444-4440. For information on the Hispanic Human Services Council, please contact Jorge Avellana at (561) 351-3555.

  • Champlain Towers Collapse Update – Where We Go From Here

    [vc_row][vc_column][vc_column_text]On Thursday, June 24th, 2021, the unthinkable happened when the Champlain Towers South, a 40-year-old condo building located in Surfside, Florida, collapsed. The catastrophic failure has left at the time of publishing nearly a hundred dead with at least fifty residents still missing. Of course, there are many questions surrounding this horrific tragedy, but the most important one still lingers: could this collapse have been prevented, and where do surviving families and those affected go from here?

    Could the Champlain Towers Condo Collapse Have Been Prevented?

    While the cause of the collapse is unknown at this moment, in just two week’s time, several sources have come forward citing they alerted the building’s management of significant structure damage, standing water, and cracked concrete. Management companies must maintain a safe environment for residents and employees, including ensuring that dwellings are well-managed both aesthetically and structurally.

    Unfortunately, when procedures aren’t followed, tragedy can strike. In this case, the management’s failure to act could be a key factor in this horrific accident that has shaken Florida residents.

    Why Structural Integrity Concerns Went Largely Unaddressed

    The building itself was going through a “40-year safety certification process” which according to ACG Engineering Services Inc. is “required for buildings 40 years or older that are located in Broward and Miami-Dade Counties. An inspection and recertification are repeated every 10 years following the building’s 40th year anniversary.” Broward County created the program in 2005 and it became effective throughout Broward County in January 2006.

    “Modeled after Miami-Dade County’s program, which was established in the mid-1970s, Broward’s program calls for structural and electrical safety inspections for buildings 40 years old or older and every ten years thereafter. By having such a program in effect we are minimizing the possibilities of future building failure and will be better prepared for hurricane winds.” Source: broward.org

    The minimum guidelines require reporting on elements like walls, cracks, roof, framing systems, rebar corrosion and more. Yet a 2018 report shows there were concerns about the building’s structural integrity even three years ago. It identifies “major structural damage” to the concrete slab the building’s ground-floor pool deck rested on.

    The report also highlighted cracked columns and a parking garage that often flooded with corrosive saltwater. Worse, the report goes on to note that many efforts to fix problems like exposed rebar in the parking garage columns also failed. Under the pool deck, “where the slab had been epoxy-injected, new cracks were radiating from the originally repaired cracks,” the report said. The firm responsible for the report, Morabito Consultants, was later hired in 2020 to complete the 40-year safety certification and catalog repairs that needed to be done.

    “At the time of the building collapse, roof repairs were underway, but concrete restoration had not yet begun,” a statement from Morabito Consultants said.

    More concern remain.

    Why Were Residents Ignored?

    Additionally, residents have come forward with prior complaints they made about a neighboring construction site. They claimed the noise from the site was causing the building to shake constantly and they were worried about the integrity of their own building. When reviewed, the management company stated they were unable to pursue any action because the construction site in question was just outside of the city’s jurisdiction.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_video link=”https://www.youtube.com/watch?v=IPI3Zpn8rEE” align=”center” css=”.vc_custom_1626142269644{margin-top: 25px !important;margin-bottom: 25px !important;}”][/vc_column][vc_column width=”1/2″ css=”.vc_custom_1626142364495{margin-top: 25px !important;margin-bottom: 25px !important;}”][vc_column_text]As for concerned residents in similar building types, Mr. Craig M. Goldenfarb, Esq., founding partner of our law firm, was quoted by local CBS affiliate CBS12 on the morning of June 29th, 2021 urging residents to “go to your HOA and demand to review recent inspection reports or structural integrity certification analysis, reviews, or audits.”

    More Posts on the Topic: Surfside Towers Collapse – How Could It Have Happened?[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]While most HOAs regularly perform inspections of buildings, they do not necessarily release the results. HOA’s have an incentive to be secretive and less than forthcoming when it comes to these kinds of issues, as repairs are often costly and mean special assessments must be paid for by residents.

    Moreover, insist your HOA is up to date on the latest training and qualifications for the building and residents’ safety. Ask that they properly communicate what they are actively doing to abide by the newest and more relevant guidelines. Associations should take every measure possible to adhere to all procedures and policies that keep communities safe.

    What Happens When a Building Collapses

    Unfortunately, the Champlain Towers disaster is not an isolated incident. The first recorded building collapse happened in Washington D.C. in 1922 as a result of a build-up of snow on the building’s roof which caused it to cave in on more than 1,000 people. Sadly, the event caused 133 injuries and 93 deaths. Luckily almost 50 years passed without incident – until a luxury condo building in Boston collapsed in 1971 due to cheap, low-quality concrete.

    After this event, these tragedies became more frequent with causes ranging from illegal construction, under-researched building techniques and improper foundations.

    • New York – Aug. 3, 1973: The University Hotel had a basement that had been illegally altered which was the key in its collapse that killed four.
    • Connecticut- April 23, 1987: L’Ambiance Plaza collapse killed 28 and at $41 million in compensation, was one of the largest settlements and sparked a federal investigation into the practice of lift-slab construction.
    • California – Jan. 17, 1994: The Northridge area experienced an earthquake which is certainly something unable to be controlled. However, when the Northridge Meadows apartment parking area collapsed onto the first-floor units, it crushed them completely and killed 16 people. What was avoidable is the “soft-story construction,” which is a large open area on the ground floor, are to seismic activity.
    • Pennsylvania – June 5, 2013: In a case of gross negligence, a Philadelphia building being demolished fell onto a Salvation Army located next to the site and resulted in six deaths and 14 injuries. Two workers involved were convicted of voluntary manslaughter. A civil case would have certainly followed as the demolition company was a private company.
    • Louisiana – Oct. 12, 2019: Unsafe building practices and insufficient structure support was the cause of collapse for The Hard Rock Hotel in New Orleans which killed three workers and injured dozens of others.

    Source: The Daily News

    Sadly, the deadliest incident occurred on July 17, 1981, in Kansas City, MO, when the second and fourth-story walkways inside a hotel collapsed onto the lobby, killing 114 and injuring 200. A deeply tragic story that upon further investigation showed an incredible amount of wrongdoing, mismanagement, and a long list of other issues which could have been easily avoided and saved countless lives.  Many engineering classes use this as a case study to examine the safest practices in building and provide training and guidelines to ensure something like this does not occur again.

    Florida is no stranger to these occurrences; just three decades ago in Cocoa Beach, The Harbour Cay Condominium building collapsed a mere hours before construction was completed, killing 11 workers and injuring more than 20 people.

    The common thread between all of these events is legal action to hold those responsible for injuries and loss of life when a multi-story building collapses. A catastrophic event due to negligence can have a devastating impact on countless lives and it is critical to have accountability through legal action for justice, compensation and peace of mind. Our team of critical injury and wrongful death lawyers at the Law Offices of Craig Goldenfarb, P.A. understand your legal rights and are not only committed to getting you the maximum amount of compensation possible but helping you recover, so your life can move forward as soon as possible.

    What is next for the families of the Miami condo tower collapse? Preparation. Due to the delicate recovery and investigative efforts to identify the fault of the collapse may not begin for weeks, months, or even years. It is critical for victims and the family members of victims to hire a lawyer with proven litigation experience. With upwards of 150 victims who lost their lives in this terrible tragedy, their family members will need a firm that has a combined 150 years of courtroom experience and hundreds of millions of dollars in gross settlements over the 20 years we have been representing clients.[/vc_column_text][vc_column_text][/vc_column_text][templatera id=”5675087″][vc_column_text]

    How Our Team is Prepared to Serve you in High-Profile Wrongful Death Cases

    At the Law Offices of Craig Goldenfarb, P.A., our Critical Case team handles our wrongful death claims and clients throughout Florida. Craig Goldenfarb, Esq. personally manages this team, along with his highly-experienced and qualified team of litigators.

    Our attorneys are incredibly accomplished, with hundreds of millions of dollars in combined settlements & verdicts, and a sterling reputation for being tough, fair, and thorough with every one of our clients.

    Our attorneys are Board-Certified in Civil Trial Law by the Florida Bar, are AV-Rated Preeminent by Martindale-Hubbell, and have appeared in SuperLawyers, VerdictSearch, and Attorney at Law Magazine publications. Most of our attorneys have been litigating for 25 years or more.

    The Mistakes of Others Can Cost You Your Life

    Life is not accident-proof but through the exercise of regular care, basic safety measures, and proper oversite, catastrophes like the Champlain Towers South condo collapse could become more preventable. The incident has left condo-owners and residents with many questions and many more fears.

    What Should Occupants Expect from a Building Management?

    • Disclose information about safety measures for occupants
    • Release any critical information about the building’s structural soundness to residents immediately
    • Regular upkeep and repairs as well as cyclical maintenance

    How to Determine if a Premise Accident or Wrongful Death is Due to Negligence?

    Under Florida law, the property owner or the possessor of the property is liable for injuries that result from a dangerous condition on the property.  Owners and possessors owe a duty of care to maintain the property and to protect individuals who enter the property from the unreasonable risk of harm. A case must have four elements to be considered a premise accident of wrongful death:

    • Negligence: This includes the carelessness, recklessness or negligent actions exhibited by the defendant.
    • Causation: The Plaintiff must prove that damages occurred directly from the negligent action.
    • Damages: Quantifiable damages must be generated in order to prove the validity of the case.
    • Breach of Duty: Proof that a defendant owed duty to a plaintiff and that that duty was breached is critical. In the case of the Champlain Towers, the building’s management and maintenance crew had the duty to perform all necessary upkeep and repairs to keep the building safe for residents. Their negligence is what most likely caused the preventable collapse.

    [/vc_column_text][/vc_column][/vc_row][vc_row id=”5675092″][vc_column][templatera id=”5675092″][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

    What Damages Can Be Recovered in a Wrongful Death Case?

    Some of the most common damages that occur around a Wrongful Death case include:

    • Funeral costs
    • Medical expenses prior to death
    • Lost consortium
    • Lost monetary support
    • Lost companionship
    • Pain and suffering

    Our Florida wrongful death attorneys have extensive experience helping the families of wrongful death victims throughout all the counties of Florida. We understand that the grieving period after a loved one passes away is an important time, and legal matters are nowhere near the top of your priority list. However, it is important to act swiftly in retaining legal representation when the decedent’s passing was caused by an act of negligence from someone or something else. That’s because the time period within which you have a right to file a lawsuit is limited.[/vc_column_text][/vc_column][/vc_row]

  • Ramsey Family of Jupiter Searching for Mother After Condo Collapse

    Ramsey Family of Jupiter Searching for Mother After Condo Collapse

    As efforts continue to untangle the debris from June 24th’s sudden collapse of the Champlain Towers condo complex, one Jupiter family has been holding out hope that their beloved mother somehow survived the horrific ordeal.

    Magaly Ramsey of Jupiter, her husband and family are hoping against all odds that their 80 year-old mother, whom they described as strong, resilient, and “self-made”, will be found. Mother and daughter lovingly share the same name.

    The Ramsey family is just one family of one victim. At the time of this posting, search and rescue teams have recovered 12 bodies with almost 140 still unaccounted for.

    Families have been remanded to the official reunification site for the disaster. Cell phone video shows tensions in the center running high as the days wane on with few and far between updates on recoveries.

    What victims’ families like the Ramseys can do now

    Craig Goldenfarb is interviewed in Miami to talk about the condo collapse
    Craig Goldenfarb is interviewed on CNN in Miami discussing the Surfside condo collapse.

    Surviving families of victims of the Miami condo tower collapse like the Ramseys have few options this early into the recovery and investigative efforts. The official cause of the collapse may not be available for months or even years. As we explained in an earlier article on why the condo might have collapsed, the first massive step towards understanding what happened begins with clearing out the rubble to get down to the surviving structure. Only then can what remains of the building be forensically investigated by structural engineers to determine the root cause of the building’s failure.

    Until then, hiring the right personal injury attorney would be a prudent decision to make. With upwards of 150 victims who lost their life in this terrible tragedy, the best strategy to protect the surviving families’ interests is to hire a lawyer with proven litigation experience. Our firm has that experience in our legal team, who combined, have more than 150 years of courtroom experience and hundreds of millions of dollars in gross settlements over the 20 years our firm has been representing clients.

    A lawyer with experience in high profile Wrongful Death cases

    Leading our Critical Case department, the powerful litigation arm of our law firm, is Mr. Craig M. Goldenfarb, Esq., the founder and sole partner of our firm. Our firm has represented many victims of Wrongful Death in highly publicized cases, including incidents of negligence on a mass scale such as the Surfside condo collapse. We have the compassion, experience, and resources necessary to handle long, complex litigation of this type to the best possible resolution for the families of victims – our clients.

     

  • Surfside Towers Collapse – How Could It Have Happened?

    Surfside Towers Collapse – How Could It Have Happened?

    [vc_row][vc_column][vc_column_text]Determining fault in a major disaster like the Surfside Towers Condo collapse is a lengthy process, and may take months or even years. That being said, details are emerging every day since the June 24th, 2021 collapse of the condo building that point to how a failure of this magnitude could occur.

    Champlain Towers Reports from 2018 Create a Timeline That Lead to Condo Collapse

    Ironically, the building was undergoing a “40-year safety certification process” at the time of the collapse. Yet a 2018 report shows there were concerns about the building’s structural integrity even three years ago. It identifies “major structural damage” to the concrete slab the building’s ground-floor pool deck rested on.

    The report also highlighted cracked columns and a parking garage that often flooded with corrosive saltwater. Worse, the report goes on to note that many efforts to fix problems like exposed rebar in the parking garage columns also failed.[/vc_column_text][vc_video][templatera id=”5675087″][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Under the pool deck, “where the slab had been epoxy-injected, new cracks were radiating from the originally repaired cracks,” the report said. The firm responsible for the report, Morabito Consultants, was later hired in 2020 to complete the 40-year safety certification and catalog repairs that needed to be done.

    “At the time of the building collapse, roof repairs were underway, but concrete restoration had not yet begun,” a statement from Morabito Consultants said.

    Theoretical Potholes, Shoddy Construction Work, Inadequate Materials All Looming at the Top of Expert’s Best Guesses

    It remains to be seen whether these issues were the cause of the collapse. Other theories include a sinkhole, which is not uncommon in Florida, opening under the building, vibrations from nearby construction affecting the condo, and concerns about erosion due to rising sea levels. Investigators are also looking into the possibility of criminal action, although Miami-Dade Mayor Daniella Levine Cava said on June 25 that so far, there was no evidence of foul play.

    Once there is more evidence of what went wrong at Champlain Towers South, the responsible parties will be liable for damages. Survivors of the collapse and the families of those who didn’t survive may all have claims for their losses, including compensation of medical bills, as well as pain and suffering.

    Founding Partner Craig Goldenfarb Offers His Best Advice to Victims and Others Living in Condos

    Mr. Craig M. Goldenfarb, Esq., founding partner of our law firm, was quoted by local CBS affiliate CBS12 on the morning on June 29th, 2021 as discussing why it was basically impossible for any resident of the ill-fated Champlain Towers condo building to anticipate that a total failure of the building had been a realistic risk. The best thing any condo resident can do, Mr. Goldenfarb said, is to “go to your HOA and demand to review recent inspection reports or structural integrity certification analysis, reviews, or audits.” While most HOAs regularly perform inspections of buildings, they do not necessarily release the results. HOA’s have an incentive to be secretive and less than forthcoming when it comes to these kinds of issues, as repairs are often costly and mean special assessments must be paid for by residents.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][templatera id=”5675092″][/vc_column][/vc_row]

  • LOCG Files First Covid19 Nursing Home Death Case Against Grand Villa Delray East

    LOCG Files First Covid19 Nursing Home Death Case Against Grand Villa Delray East

    [vc_row][vc_column][vc_column_text]The Law Offices of Craig Goldenfarb, P.A. announced on Friday, March 12th, 2021 that we’ve filed a complaint against Grand Villa of Delray East for their gross negligence and inaction for protecting the safety and livelihood of Sara Schleider. The lawsuit is filed on behalf of Mrs. Schleider’s estate and her surviving adult children.

    Mrs. Schleider was a resident of Grand Villa who had contracted the novel coronavirus and developed Covid19 when a severe outbreak occurred at the home in May 2020. Our lawsuit alleges that Grand Villa knowingly withheld from the family the knowledge that at least 43 other patients from that same memory ward had also contracted the virus, and 10 had already died by the time Mrs. Schleider was admitted to Delray Medical Center to undergo treatment for exposure. Mrs. Schleider died about from the disease about six week later.

    Mrs. Schleider is survived by her two adult children, Felice Vinarub and Howard Schleider, who are the Plaintiff’s in this Wrongful Death suit. Mr. Spencer T. Kuvin, Esq. is the lead litigator.

    Mrs. Sara Schleider was an accomplished pianist, a teacher, and a loving and doting mother, grandmother, and great-grandmother. Mrs. Schleider and her husband, Sam, a holocaust survivor, had expected to live out their years in quiet solidarity and comfort, surrounded by her loving family. Instead she died in a cold, sterile hospital room, alone, because of the gross mismanagement by the owners of the private for-profit Grand Villa Delray East for their failure to adequately protect and insulate their residents from the well-known threat of the novel coronavirus.

    Allegations of systemic failure to protect their residents or follow even the most basic sanitary guidelines

    Our lawsuit cites multiple systemic failures on the part of the management & owners of the private for-profit assisted living facility, citing both the family’s traumatic testimony and experience, as well as ACHA documents that allege the same. Sadly, this facility is but one of eighteen throughout the state owned by the same company – most of which have had similar problems.

    Among other violations, the facility failed to follow even the most basic precautions to prevent the spread of Covid19 within it’s walls, from mixing soiled laundry and sharing rooms between infected and non-infected patients, to failing to provide PPE to workers, or failing to adequately monitor that staff was using PPE. As a direct result, a worker brought the virus into the center, and it spread like wildfire – eventually infecting and killing Mrs. Schleider.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_gallery interval=”3″ images=”5677852,5677851,5677850,5677849″ img_size=”large” title=”Photos of Sara Schleider & Family”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

    Many of the allegations we’ve purported in our lawsuit are backed by evidence cited by the Agency for Health Care Administration, or AHCA, Florida’s regulatory authority over all long-term care, nursing homes, and assisted living facilities throughout the state. Among the many failures cited in their June 6th, 2020 visit include a lack of PPE for staff, soiled laundry from positive Covid-19 patients being stored next to clean laundry, a lack of cleaning protocol, and number staff members having tested positive for the virus. You can find that report here.

    Less a year follower her death, we are filing suit. Why so quickly? Senate Bill 74 (SB74)

    This lawsuit is being filed on a much quicker timetable than usual due to Tallahassee legislatures’ attempts to jam through a broad immunity bill that would protect even gross negligence perpetrated by nursing homes like Grand Villa across Florida, despite numerous ACHA reports that are now showing multiple systemic and organizational failures and violations for this and several other nursing homes throughout the state. Senate Bill 74 (SB74) has made its way through required committee hearings, and will likely be signed into law by Governor Ron Desantis as soon as next week.

    SB74 raises the standard of negligence that must be proven to bring forward a Covid19 lawsuit to what in practical terms amounts to criminal manslaughter, and it reduces the statute of limitations for death cases to only one (1) year. Those two provisions in the bill combine to effectively make it nearly impossible for families to seek justice for loved ones who died from nursing home or ALF Covid19 outbreaks.

    This week, the AARP published a strong opposition to the passing of SB74, as the number of inflections among the state’s thousands of nursing homes continues to climb, and the Covid19 death toll continues to disproportionately affect this vulnerable population. Other senior advocacy groups followed suit, and as personal injury lawyers, we too strongly oppose this unfair legislation, as it removes the citizen’s ability to decide what is and isn’t negligent via jury trial, usurping that constitutional power and instead bestowing it upon legislatures and the for-profit industry they are supposed to regulate.

    Click here to view the Zoom call recording of the press conference.[/vc_column_text][/vc_column][/vc_row]

  • Why are Florida Medical Malpractice & Wrongful Death Cases So Difficult to Litigate?

    Why are Florida Medical Malpractice & Wrongful Death Cases So Difficult to Litigate?

    When a loved one dies following a preventable medical error, people often seek help from an attorney. Unfortunately, under the intersection between Florida’s Wrongful Death Act, and the medical malpractice act, cause potential problems that could destroy a case before it ever begins. Read on to understand why.

    What is the Florida Wrongful Death Act?

    The Wrongful Death Statute has guidelines for who can bring a defendant to court in the event of a suspected wrongful death. Ordinarily, when someone dies as a result of the negligence of another, the survivors can file suit for the death of their loved one. These survivors ordinarily include a spouse and children of the deceased (regardless of their age).

    Unfortunately, when dealing with medical negligence, things are drastically different. The medical malpractice act specifies that if an adult over the age of 25 dies without a spouse or minor children (defined as children under 25 years old), no other family member can recover damages for pain and suffering after a wrongful death in a medical setting. What this means is that if you suspect a loved one died due to medical negligence, you can only file a malpractice lawsuit if you are the spouse or child under 25 of the victim.

    Sadly many people don’t find this out until after a loved one has died, and they learn that they have no legal recourse under the current legislation. When Gerald Giannillo, 51, died following a heart operation, his mother and long-term girlfriend were shocked to find out that no attorney could take their case for this exact reason.

    His girlfriend Tracey noted that they had discussed marriage, and had they known about this legal “loophole,” they would have made a point to get married before he had the surgery. Giannillo’s mother, Shirley Giannillo, says she isn’t concerned about financial damages, she just wishes there was some way to get an independent investigation into what went wrong with her son’s surgery.

    It’s important to note that Florida is the only state in the country with such a law, which some say amounts to a “free kill exemption” for doctors. Many in the medical industry find this term offensive, but the fact remains that a deceased patient with no spouse or minor children poses no financial liability to the doctor or healthcare facility.

    Alternatively, if the same medical practitioner were to kill a person with their vehicle, an adult child could still recover for the loss of their loved one. This creates an inexplicable contradiction between a medical practitioner killing someone on the road, versus killing them on the operating table.

    Florida also has a large population of widowed seniors, unmarried college students, and middle-aged single and divorced individuals whose children are over 25. For this reason, it’s estimated that more than half the state’s population falls into the “free kill” category.

    Florida uses the legislature to protect doctors specifically from wrongful death lawsuits

    How did Florida become the only state with such a problematic loophole in its wrongful death statutes? In 1990, the legislature changed an existing statute to allow adult children and parents of an adult child to bring wrongful death lawsuits in non-medical negligence cases — a right they didn’t have before. But medical negligence was specifically excluded.

    At the time, proponents of this legislation argued it was necessary to reduce healthcare costs in the state by lowering insurance premiums for doctors and healthcare facilities. They thought this would bring more qualified physicians and other healthcare workers to the state.

    Unfortunately, this has had the opposite effect. While healthcare costs continue to rise in Florida, along with the rest of the country, many providers who are sued for malpractice in other states move to Florida where they will be at lower risk of future lawsuits. Meanwhile, the state’s Medicare and Medicaid systems are not paid back for treatment in situations where no one has been able to prove medical negligence.

    Meanwhile, many Florida residents who are aware of the loophole feel it is unfair and unconstitutional, and some say it amounts to ageism or outdated ideas about what a family unit looks like. Essentially, many people are angry that the state believes their lives have no value if they don’t have a spouse or young children.

    In 2000, a case was brought to the state Supreme Court alleging “unequal protection” under the law for the adult children of a deceased patient. However, the Supreme Court upheld the constitutionality of the law, claiming it was necessary to improve healthcare access in the state. In February of 2018 an amendment to change the statute was proposed in the Florida house, but ultimately, the proposal was shelved after the committee chair called for a voice vote.

    Melody Page, who formed the Florida Medical Rights Association to fight the Wrongful Death loophole, says that politicians are simply too afraid of powerful insurance companies to do anything about the law. She’s right. But, the public can fight back – by hiring personal injury law firms like ours.

    How Craig Goldenfarb, P.A. fights back against negligence loopholes

    Simply put, our attorneys are fierce litigators who aren’t afraid of taking on difficult cases. Attorney Spencer T. Kuvin, Esq. has won several medical malpractice cases in pre-suit, in mediation, at at trial. Most recently, Mr. Kuvin won a very large settlement for the family of a young boy who died from a severe and acute ailment after a doctor had failed multiple times to attempt to diagnose him.

    Medical negligence and error are all around us in Florida. The problem is, the doctors and hospitals who provide care in our state are shielded by laws that financially and legally protect them from most civil complaints or lawsuits. We fight back by not being intimidated by that protection. We work hard to identify and provide what a doctor or health care provider did wrong (or what they didn’t do that resulted in injury) and we litigate with research, case law, theories of liability, experts, and our thorough understanding of the facts, allegations, and circumstances surrounding the case.

    If you or someone you know was permanently injured or killed by the hands of a health care provider, do not hesitate to contact us. Statute of limitations in Florida are short, and you do not want to risk your rights under the law expiring.

  • Neil J. Goldman of Boynton Beach Dies in Bicycle Accident After Being Struck by SUV

    Neil J. Goldman of Boynton Beach Dies in Bicycle Accident After Being Struck by SUV

    A Boynton Beach man is dead after an SUV struck him as he was riding his bicycle in Delray Beach on Friday, February 26.

    Authorities say Neil J. Goldman, 75, was riding his bike southbound on the shoulder of Lyons Road north of West Atlantic Avenue shortly after noon. A 2019 Lexus RX350 moving south on Lyons swerved out of its lane, hitting Goldman.

    He was thrown from his bicycle and landed in the grass swale bordering the road’s west side. Sadly, Goldman suffered serious injuries and was later pronounced dead at the scene.

    The Lexus also came to a stop within the grass swale, and the SUV’s driver, 79-year-old Bella Altman of Boynton Beach, was not hurt.

    Unfortunately, Florida leads the nation in bicyclist deaths, mostly from collisions with larger vehicles. In 2018 alone, there were 6,568 bicycle accidents reported in the state. There are many contributing factors, including the fact that bicycle riding is a popular activity in Florida.

    Other common causes include distracted driving, drowsy driving, impaired driving, speeding, or road rage/aggressive driving.

    Surviving family members may have a wrongful death claim

    Mr. Goldman’s surviving family members, foremost including his spouse if married, could have a potential wrongful death claim to pursue against the negligent defendant driver, Bella Altman.

    Her auto insurance coverage may or may not cover expenses relating to the tragic loss the Goldman family is now suffering through. The only way to know for sure is for the family to hire a wrongful death law firm that is skilled in handling complex auto accident negligence cases like this.

  • Covid-19 and Florida Nursing Homes: Where Are We At Now?

    Covid-19 and Florida Nursing Homes: Where Are We At Now?

    As vaccinations continue to roll out across the country, Covid-19 continues to infect new patients every week, and so far more than 486,000 Americans have died of the infection. Nearly 26,000 of those were Florida residents, and more than 107,000 were nursing home residents nationwide. Sadly, the infection spread easily in many unprepared nursing homes, claiming the lives of residents who were at high risk due to age, illness, or disability.

    Unfortunately, travel and visiting around the holidays likely increased these numbers. In the three-week period around Thanksgiving, 4.7 out of every 1,000 nursing home residents died in the state, an increase from 2.3 out of 1,000 in the four weeks before Nov. 15.  By December 23, 7,900 residents and staff at elder-care facilities had died of COVID-19 in Florida.

    Why is Covid-19 so prevalent in Florida nursing homes?

    Because testing is optional under state laws, many senior care facilities don’t require it for visitors. This can leave residents at risk. There are many other situations that may contribute to the spread of Covid-19 in these facilities, such as a lack of PPE and other safety measures for staff and patients, a lack of test kits, or a failure to monitor and isolate patients showing symptoms. Bringing together patients for meals and activities may also increase risk, but some facilities lack the staff or resources to decentralize these practices.

    “The fundamental problem is the continued inability to provide accurate, rapid-result testing of everyone entering elder-care facilities — staff, visitors, family caregivers and vendors,’’ said David Bruns, spokesman for AARP, when he spoke with the Tampa Bay Times in late December.

    Staying informed on the health condition of your loved one

    Although it’s difficult not to visit a family member you haven’t seen in a while, visits are still risky and will continue to be for the next several months, until more of the population is vaccinated. If possible, try to talk with your family by phone instead of making in-person visits. If you do go in-person, be sure to wear a mask, use hand sanitizer, and maintain a 6ft distance from everyone you encounter in the facility.

    You can also call the facility and ask if your loved one’s vaccine has been scheduled, as the state has made elderly people over 70 a priority group for vaccination. If your family member has not been vaccinated and there are no plans to do so soon, ask the facility staff why and when they can expect to receive a vaccine.

    Unfortunately, the vaccine has come too late for many seniors who have already died or become chronically ill from Covid-19. Nursing homes and assisted living facilities have a duty to protect  their residents from harm, including infectious disease. If you believe your loved one may have suffered from nursing home negligence in relation to the pandemic, please contact us for a free consultation.

    Is your loved one in a facility affected by a Covid-19 outbreak? Follow our list here

    The Florida Department of Health maintains a frequently-updated list with stats for positive test results among patients and staff at nursing home facilities. If you have a loved one in such a facility, you may want to keep an eye on this list for a jump in cases. It’s also a good idea to talk on the phone or video chat with loved ones often to keep up with how things are going at the facility. Make note if your loved one mentions that nurses and staff have been scarce lately, or several of their friends have been taken to the infirmary.

    Covid-19 Data and Florida Nursing Homes – As of February 16th, 2021

    • 24 facilities in Palm Beach County have had at least one case of Covid-19 among it’s patients
    • The worst outbreak was at Encore at Boca Raton, a nursing home, with 29 positive residents.
    • The second worst outbreak was at Avante at Boca Raton with 17 cases and 31 residents transferred. We have written extensively on the poor conditions for residents at Avante, based solely on violation data provided by the state.
    • The highest instance of Covid-19 infected occurred at Life Care Center of Port St. Lucie with 48 staff testing positive on 2/14/2021.
    • Menorah House has the highest number of positive residents transferred.

    [table id=1 /]

    Data provided by the State of Florida.

  • The 2021 Florida Legislative Update: What’s happening with PIP?

    The 2021 Florida Legislative Update: What’s happening with PIP?

    [vc_row][vc_column][vc_column_text]

    Florida legislature again considers revisions to auto insurance laws

    Personal Injury Protection, or PIP, is a type of insurance required for all drivers in Florida, covering up to $10,000 medical coverage after an accident. There have been many past attempts to repeal the legislation responsible, but so far all have failed. This year SB 54, sponsored by Senator Danny Burgess, will be heard before the senate committee.

    If passed, the bill would eliminate PIP coverage in favor of bodily injury liability coverage. This would pay out up to $25,000 for a crash-related injury or death, or up to $50,000 for injury or death in a crash involving two or more people. (Drivers would retain up to $10,000 in liability for property damage.) At the same time, insurers would also be required to provide medical payments coverage starting at $5,000, with deductibles up to $500.

    Eliminating PIP: Will is reduce or increase car insurance premiums in Florida?

    Proponents of the bill claim it would reduce Florida insurance costs, which are among the highest in the nation.  It’s also been argued that repealing the bill will reduce fraud costs. The Office of Insurance Regulation says that while PIP represents about 2% of Florida’s collected insurance premium, it accounts for almost half of fraud referrals.

    On the other hand, critics of the bill claim that costs would actually go up, citing Colorado as an example. In 2003, the state repealed its no-fault law and instead instituted bodily injury coverage. Premiums went down in the short term, but quickly bounced back. In fact, a 2018 report found that Colorado premiums actually rose more than 50% since 2011.

    Others have expressed concern that repealing PIP would just ship some of the cost burden to either other parts of an auto insurance policy, or healthcare premiums, which are already stretched thin in some cases. Meanwhile, about 13% of Florida drivers are uninsured. In fact, in 2015, Florida reported the highest uninsured rate in the country at 26.7%—more than twice the national average. Four in five uninsured motorists told the Insurance Research Council (IRC) they lacked coverage because of high premium costs.

    Conflicting research shows both an increase and a decrease if PIP is eliminated

    Previous research has been contradictory. A 2016 report by the Florida Office of Insurance Regulation projected that drivers would get 5.6% in savings in their insurance premiums if the state moved to a bodily-injury coverage requirement. A 2018 study by the actuarial consulting firm Milliman showed an average increase in premiums of $67, or a 5.3% increase.

    The proposed law change would also allow for “bad faith” lawsuits against insurance companies if there is evidence they didn’t properly look after their clients’ interests. This is another controversial proposal that has previously halted discussions on ending the no-fault system.

    As of the date of this posting, SB54 is on committee agenda for 2/15/2021. It easily passed the first hurdle, the Florida Senate’s Banking and Insurance Committee by a vote of 10-2.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]