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

Category: General Posts

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  • Wellington Resident Tavian O’Brien Dies After Porsche Turns In Front of Motorcycle

    A Wellington resident died on Tuesday, January 4, after his motorcycle collided with a left-turning Porsche outside the Walmart Supercenter in Royal Palm Beach, according to a recent article by the Palm Beach Post.

    The Palm Beach County Sheriff’s Office (PBSO) told the Post that the crash happened on Tuesday morning around 8 AM. Tavian O’Brien, 24, was riding a Suzuki GSX-R750 motorcycle east on Belvedere Road when he changed lanes near State Road 7 and accelerated to pass another vehicle. That was when the motorcycle collided with the passenger side of a 2015 Porsche that had been westbound on Belvedere and was turning south into the Walmart parking lot, according to PBSO. Sadly, O’Brien was pronounced dead at the scene.

    The Porsche’s driver did not report any injuries, and the sheriff’s report did not indicate whether driver was facing any charges in the crash.

    Motorcycle accidents involving passenger vehicles are a common occurrence. One report from the National Highway Traffic Safety Administration found that in nearly half of crashes between motorcycles and cars, the car was attempting a left turn. Right turns can also bring cars into the path of a motorcycle before the bike can stop.

    There are many factors that may contribute to a driver turning in front of a motorcycle. Speeding, ignoring traffic signs, distracted driving such as texting or eating, low visibility, and other issues can all be reasons why a driver violates the motorcycle’s right of way. However, another prevalent reason drivers give for turning in front of a motorcycle is that they simply didn’t see it. Because motorcycles are small and more difficult to see, motorists are encouraged to “look twice and save a life.” It’s also important to remember that drivers making turns should always yield to other traffic.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a free, confidential consultation about an incident, please contact us today at 561-291-6249.

  • How Long Does a Car Accident Lawsuit Take?

    How Long Does a Car Accident Lawsuit Take?

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    How Long Does a Car Accident Lawsuit Case Take?

    After a car accident, there is a lot of trauma to process, but once the dust settles and you have chosen to move forward with a personal injury lawyer, you might start to wonder, “how long does a car accident lawsuit take?” There are many factors to consider including the complexity of the case, injuries, your lawyer, the insurance company, and much more. The average time for litigation is 1 to 3 years from the date of the lawsuit filed to the settlement or trial. The fact that it can take months or years for a settlement is scary to many which is why it is critical to hire a law firm with experience in this area of litigation.

    As a client of The Law Offices of Craig Goldenfarb, P.A., we work swiftly to assign you to an experienced team of paralegals and assistants who are managed by our attorneys. Your team will be dedicated to evaluating all aspects of your auto accident personal injury claim, from investigating the physical evidence, reviewing the police report, and personally consulting eyewitnesses. Some common cases include:

    • Reckless Driving
    • Breaking Traffic Laws
    • Careless Pedestrians
    • Drug-Impaired Driving
    • Tired Driving
    • Distracted Driving
    • Tailgating
    • Speeding
    • Drunk Driving

    Our goal is a quick settlement with the maximum amount of compensation for your suffering. We answer all your questions, so you are not left wondering, “how long does a car accident lawsuit take.” Another key component in the timeline of your personal injury claim is your medical treatment and medical bills. Car accidents can cause severe and significant injuries to all parties involved including the driver, passengers, or other victims. Here is a short list of some of the most common injury cases our law firm sees in a typical car accident:

    • Bruises, Cuts, and Scrapes
    • Soft Tissue Injuries
    • Whiplash
    • Muscle Sprains
    • Fractures, Broken Bones
    • Disfigurement
    • Jaw, Chest, Rib, and Pelvic Damage
    • Crushed Trachea/Larynx
    • Catastrophic Injuries
    • Broken Neck
    • Traumatic Brain Injuries (TBI)
    • Paralysis
    • Severe Burns
    • Permanent Sensory Deprivation (Vision, Hearing, etc)

    Your injuries will dictate what medical professionals you will need to see and what treatment will be necessary for your healing and health. In extreme cases, surgery may be necessary which prolongs this process. All of this is a factor into not only the amount of time your case will take but the settlement negotiations. If you have been hurt in a car accident, the Law Offices of Craig Goldenfarb, P.A. may be able to help you get the compensation that you are entitled to. Motor vehicle accident personal injury compensation may include:

    • Hospital & Medical Bills
    • Lost Wages
    • Pain and Suffering
    • Cost of Future Care

    Understanding the Timeline of a Lawsuit

    Timeline for a personal injury case

    Your personal injury lawsuit will be broken down into four different sections, all of which contribute to the overall timeline of the settlement of your case. To get the settlement resolved and the maximum amount for your medical bills, lost wages, future care and pain and suffering, it is critical that your attorneys follow the process thoroughly.

    The timeline consists of:

    1. Lawsuit Preparation and Filing
    2. Discovery Phase
    3. Mediation/Setting of Trial Date
    4. Trial and Possible Appeal

    Below we will go into detail on each step of how long a car accident lawsuit takes, the process, and know each one is critical for our team of auto accident personal injury lawyers at the Law Offices of Craig Goldenfarb, P.A. to get you the maximum amount of compensation possible but helping you recover from your injuries, so your life can get back to normal as soon as possible.

    Step One of the Timeline- Lawsuit Preparation and Filing

    The first part of the timeline of your case is Lawsuit Preparation and Filing. This occurs after you have chosen the Law Offices of Craig Goldenfarb, P.A. to represent you; we will develop our attorney-client relationship by meeting with your team of attorneys and paralegals. After the case is analyzed, it will ultimately need to be approved by Mr. Goldenfarb. The suit will be revised, filed, and delivered to the insurance company.

    Step Two of the Timeline- Discovery Phase

    Next, we will move on to the discovery phase where the client will meet with their legal team to respond to interrogations from the Defendant’s insurance company and produce any information necessary for the team. The longest part of this phase is the sworn deposition which will take place at our offices and likely will take an entire day. Finally, any additional depositions will be taken as needed to gather substantial information.

    Step Three of the Timeline- Mediation/Setting of Trial Date

    The third step involves the judge providing a trial date for the case which could be a few days or a few weeks, depending on the case. At this time, the Settlement Conference will take place which is necessary for the case to move forward. The date of this settlement conference will most likely be one to four months prior to the trial date.

    Step Four of the Timeline- Trial and Possible Appeal

    The final step is the trial itself which will require the client and, if applicable, their spouse to be present for the entire trial. Winning the trial, though it is the desired outcome, will most likely lead to an appeal on behalf of the Defendant’s insurance company. This prolongs the timeline on average another 1-2 years. The other option is for the case to be reversed which will most likely lead to it being retired.

    What Are Your Next Steps?

    This information might leave you feeling frustrated and confused but at our personal injury law firm, you are our client, and that makes you the most important person in our firm. Our job is to alleviate all of these concerns and more, so you can focus on your job, which is to medically treat your auto accident injuries so you don’t develop permanent, life-long pain or discomfort. Don’t become overwhelmed by the pain, aggravation, and worry that follows a car accident. Instead, turn to our expert lawyers; get started with us today.[/vc_column_text][/vc_column][/vc_row]

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

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

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    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]

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

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

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    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]

  • Happy Holidays from Craig

    I wish you the happiest of holidays as you spend this weekend and the coming days celebrating with family and friends.

    In the past, my annual letter focused on expressing my gratitude for our firm’s clients, our wonderful team, and my family and friends. This year, I am continuing that theme by commending everyone for the time and energy they invested in supporting others through a what was a second year of substantial changes, losses, and seemingly unsurmountable challenges.

    Coming together in service to others is something history shows humanity can do well when we’re collectively confronted. Despite the stress and rigors of living in a pandemic-stricken world, everyone is still helping friends, neighbors, communities, and even total strangers.

    We do this because, despite Covid-19 and its hurdles, there are still children to raise, businesses to run, and causes to serve. Certainly, we’re not doing these things how we envisioned, but we adapt and innovate to move forward.

    Many of the previous year’s cancelled events, vacations and weddings were reimagined and rescheduled as socially distanced gatherings, staycations or camping trips, and even live-streamed nuptials. It’s remarkable how innovative we can be with the right mindset whenever we face difficulties.

    With variants surfacing and many cities and countries around the world experiencing some form of lockdown, 2021 was another extremely challenging year. Our law firm dealt with it by making changes to our processes where needed, and holding strong to our common mission, as reflected in our law firm’s new Mission Statement – “We hold accountable those who hurt others.”

    Our practice is fortunate enough to offer stay-at-home working environments to employees when needed, with little to no impact on our day-to-day business. And thanks to access to fast testing and vaccines, our law firm was able to safely return to holding an in-person holiday luncheon and gift exchange this year.

    I always look forward to this holiday party. While last year’s Zoom holiday gathering was a wonderful experience, seeing seventy smiling faces in the same room (our firm continues to grow!) filled me with immense joy and gratitude.

    The party also got me thinking specifically about how well the team performed in the last twelve months. I’m in awe of the incredible things they made happen not only for the benefit of the firm but for our clients. I’m enormously proud of our staff and their dedication.

    We have survived and, in some ways, thrived.

    As a result of their amazing solidarity, our employees successfully navigated the second year of an awful pandemic without lessening any commitment to our clients, our work product, or results. Thus, for another year we continued helping hundreds and hundreds of families move forward in life as they recover from the pain and suffering caused by others.

    The past year was not easy, but the spirit, strength and resiliency shown by everyone I’ve mentioned has filled me with hope for the future. I’m very excited as we move into 2022.

    Finally, I thank you for your continued commitment to our firm, whether you are a client, an employee, a referral partner, or just a friend.

    Happy Holidays to you and yours.

     

     

     

     

    Craig Goldenfarb, Esq.

  • What Is Personal Injury Protection, And Why Do Floridians Need It?

    What Is Personal Injury Protection, And Why Do Floridians Need It?

    [vc_row][vc_column][vc_column_text]In Florida, every driver must hold PIP (Personal Injury Protection) insurance if they are on the road. But what is personal injury protection? PIP, for short, is mandated by the state of Florida for all drivers to carry. PIP pays for injuries arising from an auto accident, regardless of who was at fault.

    PIP was enacted by the Florida legislature in the early 1970’s to ensure that all Floridians have access to medical care after an accident. While the law is updated in one way or another just about every year, the concept has remained the same for some fifty years, and it’s not likely to go away anytime soon.

    What Is Covered by Florida PIP?

    Florida PIP covers medical costs, lost wages, and death benefits, just like New Jersey and Michigan, but if you are in an auto accident, regardless of who was at fault, your PIP pays for your first $10,000 in medical bills. This is known as PIP benefit. 

    When Is Someone Covered Under PIP?

    PIP insurance covers the owner of a car involved in a collision, and also provides coverage in the following situations:

    • Your children are covered if they’re riding in your car or on their school bus.
    • Giving a lift to someone who doesn’t own a car.
    • If a bicyclist or pedestrian is injured and doesn’t have their own PIP policy (and doesn’t live with a relative who has a PIP policy).

    As you can see, PIP is not just another premium to pay, as you can receive $10,000 or more for injuries regardless of whether you’re at fault for the collision, it can help many accident victims.

    How Would I Claim PIP Benefit?

    To claim a PIP benefit, you must have had treatment within 14 days of the accident, either from a hospital, urgent care clinic, primary care provider, chiropractor, or from emergency medical technicians at the scene of the crash. Learn more about how to claim your PIP benefit here.[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1604527181412{margin-top: 50px !important;}”][vc_column][templatera id=”5675092″][/vc_column][/vc_row][vc_row][vc_column][templatera id=”5677596″][/vc_column][/vc_row]