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

Category: Personal Injury Blog

  • Man Killed In Plumbing Explosion May Have Two Personal Injury Claims

    One man is dead following an explosion at a construction site on the premises of a Boynton Beach condominium. Reports detail that the victim in the incident, John Thomas Dillon IV, was working in a large hole in the ground when the explosion occurred this past Friday.

    It’s unclear whether the incident was the result of workplace negligence, or with whom Mr. Dillon might be employed with, but the facts of the matter do seem to indicate that he was “on the job”, and this was therefore a workplace accident.

    What happens after a workplace construction accident?

    Unfortunately, workplace accidents aren’t rare in the construction industry. Working with heavy machinery or in a skilled trade such as plumbing, construction, or electrical is inherently dangerous for even the most experienced workers.

    Mr. Dillion, for example, was likely working with a plumbing team to like clear a pipe blockage. Reports have surfaced that it was an exploding air bag that killed Mr. Dillon. Air bags are devices are that used to plug a pipe so that the pipe can be worked on, repaired, patched, or replaced.

    Air bags are under pressure, so when they do fail, it can result in an extremely dangerous explosion, shattering pipes creating projectiles out of nearby objects. Mostly likely, Mr. Dillon was probably killed by either the explosion itself, or by debris that became projected by the force of the explosion.

    As to whatever may have caused the air bag to fail, it could be any number of factors. The air bag may have been deficient, or there may have been a mistake in properly deploying the device.

    Either way, a detailed investigation into the incident is no doubt under way, and these investigations are performed in the utmost secrecy.

    Worker’s Compensation claim and a Wrongful Death claim

    The personal injury consideration in this example is actually two-fold: when someone is killed on the job, there may be a worker’s compensation claim that can be made by the surviving family members, but there may also be a wrongful death claim to be made against the property owner, the construction company Mr. Dillon worked for, or the device manufacturer of the failed air bag.

    That’s the role of a personal injury lawyer – to find someone who can be held responsible for any negligence that may have occurred that day.

    Mr. Dillon was a young man at only 27 years old. If he has a wife and children, they are the surviving family members that may be entitled to bring a personal injury suit against any potential defendants.

    If you or someone you know were killed on the job, please consider calling our law firm. We may be able to obtain compensation for your loss.

  • Drowning of Young Boy in Greenacres Pool Highlights Potential Blame

    One of the most shocking and horrifying things that can happen to a family is the sudden or accidental loss of a young child. As personal injury lawyers who have handled thousands of wrongful death cases over 100 years’ combined experience of our six attorneys, we have seen it all too often.

    The most common cause of death among children under the age of 5 years old is accidental drowning.

    Only a few accidental drownings occur in Palm Beach County each year, thanks to the efforts of important non-profit groups such as the Drowning Coalition of Palm Beach County.

    But, not all drownings can be prevented, and that’s because it’s not always the fault of the parent.

    The death of a 4-year old in Greenacres/Lake Worth by drowning in September highlights that important point.

    Drowning of a 4-year old at the Lucerne Lakes Community pool

    An unidentified boy suffered a near drowning at the Lucerne Lakes Community pool in Lake Worth in late September, and sadly, died from his injuries about a week later.

    According to news reports, the mother, who had been with her son the entire time they were in the pool, had turned her head away for just a minute or two when the boy slipped into the pool unnoticed and unattended.

    An argument could be made that this was incident was not the fault of an inattentive mom, but rather at least part of the fault could lie with the property owners.

    Why improperly secured pools lead to drownings, which leads to a wrongful death lawsuit

    According to Florida laws, it is the responsibility of the owner of any pool to maintain a sufficient barrier around their property, and around the pool, to restrict access to those who are vulnerable to drowning. While that commonly includes children, it may also include the disabled, or the elderly.

    If access is not restricted or properly maintained, and a drowning occurs in any pool, the owner of the property or their insurance company may be held liable for a wrongful death lawsuit by the surviving family of the victim.

    We encourage the public to speak with a personal injury law firm if you’ve lost a child to an accidental drowning under any circumstance.

    Our law firm has been an advocate for pool safety, having partnered with the Drowning Coalition for Public Service Announcement commercials on local TV. We’ve handled many cases involving the drowning of children on someone else’s property. While we cannot bring those precious child back, our law firm can be valuable in the long and slow process towards recovery from such an awful tragedy.

  • How Are Pedestrians Compensated for Injuries?

    In Florida, if someone is hit in a pedestrian accident, usually they are supposed to turn to their No Fault Personal Injury Coverage under their own auto insurance policy for medical bills and lost wages. However, it’s very easy for this coverage to be exhausted after a stay in the hospital, or after being seriously injured. The next step is to see if the at-fault driver has coverage to pay for bodily injuries and property damage. If not, the final step is to turn to the plaintiff’s own uninsured and underinsured (UM) coverage.

    In this post, we explain PIP, BIL and PDL Insurance, and UM coverage and how they affect pedestrian accidents in Florida.

    Personal Injury Protection – Florida law requires all drivers to carry “Personal Injury Protection” or PIP Insurance, which covers policyholders in the event of an accident, regardless of fault (up to your PIP limits). In Florida, you’re required to carry a minimum of $10,000 PIP Insurance on your own policy; however, it may not be enough to cover your damages.

    Bodily Injury & Property Damage Liability – In the event of a pedestrian accident where the at-fault driver is insured, they may have elected to carry Bodily Injury Liability (BIL) Insurance and Property Damage Liability (PDL) Insurance. BIL Insurance pays for serious injuries or death experienced by others (the injured parties or plaintiffs) in a crash, whereas PDL pays for the property damage caused by the at-fault driver in an accident. If the at-fault driver has this coverage, it will usually take effect after the plaintiff’s PIP has been exhausted.

    Uninsured and Underinsured (UM) Coverage – Under Florida law, auto insurance companies are required to offer uninsured/underinsured motorist (UM) coverage. If policyholders don’t want to pay for UM coverage, they must sign a form stating they reject UM coverage. If a pedestrian has UM coverage on their own automobile insurance policy and they’re hit by an uninsured or underinsured driver, the plaintiff’s UM coverage typically kicks in once all other coverage has been fully utilized.

    Do I Use My Health Insurance? – Suppose you’re hit by a car while you’re on foot. If you have health insurance, this is most likely the first place you’ll turn to pay your medical bills. Usually, the insurance company will turn to the at-fault driver’s insurance to seek reimbursement for the policyholder’s medical expenses arising from the accident.

    What if I was working at the time of the crash? If the pedestrian accident occurred while you were working, your employer’s workers’ compensation insurance company may be required to compensate you as well by approving workers’ comp benefits.

    To learn more about filing a pedestrian accident claim, contact the Law Offices of Craig Goldenfarb for a free case evaluation.

  • Apartment Complex Owner Where UF Student Falls to his Death Could be Negligent

    [team_member name=”Craig Goldenfarb, Esq.” position=”Founder & Owner” url=”https://800goldlaw.com/our-firm/our-team/craig-goldenfarb” email=”info@800goldlaw.com” phone=”561-697-4440″ picture=”https://800goldlaw.com/wp-content/uploads/2017/12/CMG-Headshot2017-WEB-e1513700985348.jpg” googleplus=”/” linkedin=”” facebook=”/” twitter=”/craiggoldenfarb” youtube=”/personalinjurycg” pinterest=”/” lastfm=”/” instagram=”/” dribble=”/” vimeo=”/”]
    Craig Goldenfarb, Esq. is the founder and owner of the Law Offices of Craig Goldenfarb, P.A. in West Palm Beach. Mr. Goldenfarb has exclusively practiced plaintiff personal injury law since 1995. Mr. Goldenfarb handles cases involving wrongful death, nursing home abuse, AED litigation, and other catastrophic injury cases.

    [/team_member]

    For the second time since February 2016, a University of Florida student has fallen to his death from an apartment complex within close proximity to the university grounds.

    Ian Burns, a senior studying engineering at the public university, fell from a balcony at the University House Apartments complex this past weekend. No explanation has been provided in public accounts regarding the circumstances of his death.

    It is such a bizarre and horrific event, that it should be a rare occurrence – so why has it happened twice at the same university in less than two years?

    What is to blame for Ian Burns’ death?

    While an investigation into Ian’s death remains ongoing, details regarding what happened to Ian will remain unknown. But there are a number of potential scenarios in which the terrible fall could be the result of negligence, and perhaps therefore constituting a personal injury case.

    The personal injury perspective of the wrongful death case

    As wrongful death lawyers, one of the firs things our investigators and lawyers would look into is whether the complex owners were negligent in their construction, or maintenance or care of the building.

    For example, if the railing on the third story was shorter than building code standards allow, or if there was a defect in the railing, that may have contributed to the fall.

    Or perhaps a failure in the construction of the balcony or the railing could have made for an unforeseen hazard that led to the fall.

    Unfortunately, the family will have to wait to find out. But hiring a personal injury lawyer to conduct their own evaluation of the facts could lead to a potential wrongful death lawsuit against the building’s owners, or the property manager’s company.

    This is not the first time a UF student has fallen to his death from an apartment complex balcony

    In 2016, 20-year old Chance Wolf fell to this death from a 6-story apartment complex balcony, not far from the complex in which Ian Burns lost his life.

    Security footage from that building showed Chance falling over a railing that was described as only being about “waist-high”.

    Our skilled personal injury lawyers often look for patters in cases that are similar, such as these two incidents. A pattern of negligence in the construction or care of the building would be awfully disturbing, especially if it’s the same Defendant, or if there are two Defendants somehow linked to each other.

    It’s important for the families of those lost in terrible tragedies like these to explore all legal options they may have available.

  • Jacksonville High School Student Ben Johnson could have been Saved with an AED

    A Jacksonville, Florida high school sophomore has died from what doctors are calling sudden cardiac arrest (SCA) while he was working out in the weight room of Fleming Island High School. Ben Johnson was a beloved football and basketball player, and a highly respected student, according to the outpouring of love on the school’s social media pages.

    Officials say he “suddenly collapsed” and went unconscious. It is not clear from reports whether he was alone or in the company of others at that time, and it’s also not clear if an automated external defibrillator (AED) was present, or whether an attempt was made to administer a life-saving shock from the device.

    Could the death of Ben Johnson have been prevented?

    Ben Johnson’s death highlights the importance for public schools to be well aware and trained on the issue of sudden cardiac arrest among student athletes.

    In Florida, an AED is required to be present in school facilities, however, there is no explicit duty to use an AED to save a student’s life. But that’s beginning to change with current case law. A court recently ruled in the Limones case, in which a young student athlete in Miami died from SCA because no one bothered to use an AED that was present, that a duty to use the AED does exists when there is a special relationship in place, such as the relationship between a school district employee and a student.

    Because Fleming Island High School is a public high school, and AED must have been present on campus somewhere. Was it present in the weight room? And if not, should there have been one present?
    Another potential act of negligence among the school’s staff could be the inability or unwillingness of pre-participating testing for student athletes. An EKG test, for example, if performed on Mr. Johnson and other student athletes, possibly could have detected an abnormality in his heart rhythms.

    Wrongful death claims in Florida and AED use

    Wrongful death claims relating to the loss of a student athlete’s life while on campus grounds is a new and growing area of personal injury law in Florida, and across the country. Instances of SCA-related deaths among student athletes is become more prevalent, and pressure is increasing to hold staff and the school district responsible when a young man or woman dies from SCA on campus.

    Wrongful death laws in Florida allow surviving family members to make a claim for the loss of a loved one due to the negligence of another (in this case, the potential negligence of the Clay County School District.) But these are complicated areas of law, so hiring an experienced lawyer with a reputation and history of winning these cases is extremely important.

    Our law firm represents families who have lost loved one’s due to SCA on public grounds, such as a high school. Give our firm a call for a free consultation with an experienced and caring attorney.

  • Martin County Truck Crash is a Potential Case for the Hawthorne Family

    A family man lost his life after a tractor trailer he was riding as a passenger in rolled over and crashed in Martin County last week. The victim was identified as Nathaniel Hawthorne, Jr.

    Mr. Hawthorne, as revealed in media reports, is a father of at least one son. Crash investigations are unspecific in their reporting of what happened, but it seems the truck was intending to make a left-hand turn when it veered right, and crashed.

    The family of Nathanial Hawthorne Jr. may have a personal injury case

    Because Mr. Hawthorne was a passenger inside the vehicle, the surviving family members of the Hawthorne family may be entitled to compensation under Florida’s wrongful death laws.

    This is an example of how being a passenger in a vehicle involved in a crash can severely affect the lives of the survivors. If Mr. Hawthorne was the primary financial contributor to his household, the surviving family could potentially suffer hardship without him.

    The vehicle was identified as a 2000 Kenworth tractor trailer. It is not clear whether the driver of the truck was working as a truck driver at the time of the crash, nor is it clear whether either man owns the truck, or if the truck is owned by a transportation company.

    If the truck was owned by a transportation company, there may be significant insurance policy coverage for the surviving family to pursue.

    If you or someone you know has been killed as the result of a crash with a commercial vehicle or truck, please call our law firm today. We may be able to help you obtain compensation for your loss.

  • Florida Nursing Home Deaths at Rehabilitation Center Suggest Gross Negligence

    Shocking details are being released from officials in Hollywood, Florida, which became the scene of national scrutiny this morning as local reports reveal at least eight elderly patients of the Rehabilitation Center at Hollywood Hills nursing facility are confirmed dead.

    The bodies were discovered by local police and emergency officials responding to calls for help from within the facility, one news report suggests. Upon arrival, officials found the facility to be completely without power, knocked offline due to the impacts of Hurricane Irma, and the interior rooms to be extremely hot as a result of a lack of air conditioning.

    It is unknown how long the building has been without power, but crews jumped into immediate action by evacuating 115 elderly patients from the facility, delivering the residents en masse to local hospitals around the area.

    The identities of the deceased have been released:

    • Bobby Owens – 84 years old
    • Manuel Mario Medieta – 96 years old
    • Miguel Antonio Franco – 92 years old
    • Estella Hendricks – 71 years old
    • Gail Nova – 71 years old
    • Carolyn Eatherly – 84 years old
    • Betty Hibbard – 84 years old
    • Albertina Vega – 99 years old

    Anyone who knows a resident at the Rehabilitation Center are urged to call Memorial Healthcare, where evacuees have been temporarily relocated, at 954-265-3000 to check on the status of any resident.

    Why wasn’t the facility evacuated? Could this tragedy have been avoided?

    In the wake of the shocking revelations, family members who have loved ones at the facility should be asking: Why wasn’t the facility evacuated in the threat or wake of Hurricane Irma?

    And the bigger questions for investigators and the lawyers who represent the families of residents should be whether all safety precautions were thoroughly and completely adhered to, knowing the devastating impact Hurricane Irma was projected to inflict days ahead of impact.

    The scene at the nursing facility was locked down by state and local authorities, as ACHA and the Florida Justice Department work in tandem to evaluate the situation. A criminal investigation is expected.

    There is evidence of several health code violations cited by the Agency for Healthcare Administration (AHCA) since at least 2016 related to the home’s inability to keep its emergency power generators serviced and operational. These violations are published by the agency on the Medicare.gov website.

    Prior health code violations support a history of poor care at the Rehab Center

    According to state records, in the periods between December 2014 and March 2017, three complaint-driven inspections of the facilities revealed 32 total health deficiencies, including issues involving the proper preparation and storage of food, providing adequate housekeeping and maintenance services, and proper disposal of garbage and refuse.

    So far as the Hurricane Irma tragedy is concerned, if there was a safety or evacuation plan in place, and it was either not followed or ignored, the potential for a substantial personal injury liability lawsuit is possible.

    The for-profit owners of the Rehabilitation Center at Hollywood Hills nursing facility may be held liable for negligence concerning their eight deceased residents, and possible dozens more who may have suffered unnecessarily.

    Families who have had loved ones admitted to this facility in Hollywood, Florida may want to consider hiring a personal injury law firm with experience handling complex nursing home abuse and neglect cases. Our law firm is available for a free consultation for any concerned family of a resident at the Rehabilitation Center or any other nursing home or ALF facility where criminal acts or negligence may be suspected.

  • Nick Blakely’s Death Highlights Importance of Stetson Medical Screenings

    When a young student athlete collapses and dies from an unknown medical condition, it is a shock to their family, friends, the athletic staff and fellow teammates, and the community at large. And sadly, it is becoming more familiar.

    About 1 in 90 student athletes in the U.S. will suffer from Sudden Cardiac Arrest during a period of invigorating exercise, such as football practice.

    This week, another young, promising athlete collapsed and died possibly due to an unknown and potentially undiagnosed heart condition on the Stetson University football field in Deland, Florida. He was 19-year old football player Nick Blakely.

    The Importance of Heart Screenings and Whether Stetson University Conducts Them

    Sudden Cardiac Arrest is, by definition, difficult to predict, but there are measures universities and athletic programs can and should be taken to protect their students, such as health screenings that include baseline heart exams.

    It may be the responsibility of the university to ensure that these baseline heart exams and screenings were performed to help identify any potential heart risks or conditions among it’s varsity student body. Whether those screenings were performed on Mr. Blakely prior to him joining the Stetson University’s football team is unknown, and that should be investigated by a personal injury law firm.

    Why Hire a Personal Injury Law Firm?

    Where there is potential negligence that results in the death of a loved one, there may be Wrongful Death claim made under the law of the state of Florida. Universities are not exempt from their obligation to adhere to measures that reduce the risk of injury or death to their students, and those on their university grounds.

    But personal injury claims as they relate to the sudden cardiac death are particularly difficult cases to prove, so it is important that if you are going to hire a lawyer, that you hire a lawyer with years’ of sufficient experience and knowledge in this area of law, known as Heart Attacks in Public Places.

    If there was a negligent action that lead to the untimely death of Nick Blakely, such as lax health screenings, or a lack of a standardized heart examination process for all student athletes, there may be a personal injury claim, if in fact Mr. Blakely’s death is determined to be due to sudden cardiac arrest.

    If you or someone you know lost a loved one due to sudden cardiac arrest at a public place such as a university or school, please contact our law firm for a free legal consultation.

  • Another Shooting at Hampton Court Apartments Could Be A Personal Injury Case

    The complex at the Hampton Court Apartments in West Palm Beach has been plagued in recent years by shootings and murders, with another shooting taking place this week that left a 39-year old mother dead in her own home.

    Rosemithe Colin was reportedly in her home when an unknown figure fired three bullets through a sliding glass door, striking her, at approximately midnight on Monday, August 7th, 2017, according to media reports.

    This is another example of how the building owners are potentially neglectful in security the apartment complex that they rent out to tenants.

    Apartment complex shootings are potential personal injury cases

    To understand how such a terrible act of violence such as the showing of Rosemithe Colin could be a potential personal injury claim, consider the responsibility of the owners of Hampton Court. The apartment complex owners have known, or should have known, that shootings frequently occur on their property grounds, and it is their sole responsibility to provide for adequate security.

    The Hampton Court Apartments complex is a gated community, but that hasn’t stopped at least eight people being killed in eight years on the grounds, including a triple murder of a group of teenagers in 2014. That should be enough activity to alert the owners that they have an issue to address, in that their residents are not safe.

    The area of law that the owners are potentially liable for is called negligent security. That means that the families who rent in these apartments, including Mrs. Colin and her family, have a right to feel safe and secure in their home.

    The fact that the owners may not have provided that protection fully in the form of an off-duty cop patrol, or by engaging the services of a private security company, for example, could potentially be an act of negligence under Florida law.

    Anyone who has lost a loved one due to a shooting or violence in a rented apartment complex such as Hampton Court are encouraged to contact a personal injury who has experience in handling cases involving negligent security.

    These are often difficult cases to prove, so time and expertise are of the essence when considering whether to hire a a personal injury lawyer.

  • Atlanta Fire United Could Have Saved Michael Jones with an AED

    Gwinnett County teen Michael Jones passed away on the morning of Saturday, July 29th, 2017 on a soccer field in Duluth, GA. Jones was reportedly playing in a scrimmage game with his recreational soccer team when he suddenly collapsed due to cardiac arrest.

    At least one coach from the Atlanta Fire United Club, the club that organized the game Jones was playing in, apparently attempted CPR to resuscitate Jones. An ambulance arrived, but it’s not clear from media reports when Jones was pronounced dead.

    CPR can help, but far more effective in saving the lives of teens who collapse during recreation sports is the use of an AED. Some states require that AEDs be present during recreational sporting events. The Jones’ family should be asking: was there an automated external defibrillator (AED) available when Michael collapsed, and if not, why?

    An AED could have saved Michael Jones’ life

    AEDs save the lives of people undergoing a cardiac arrest by shocking the heart back into a normal pulmonary rhythm. If used within three minutes of the onset of the cardiac arrest, the survival rate can be as high as 90%.

    As a personal injury law firm that specializes in cases involving AEDs and sudden cardiac arrest, we often ask in these situations: why wasn’t an AED present? And if an AED was present, what wasn’t it used on Michael Jones?

    Student athletes suddenly collapsing while in practice, or a game, or in scrimmage is becoming increasingly common place throughout the country. Not all students who experience it die; many are saved by the use of AEDs.

    Jones was just about to begin his junior year of high school when we died. He was a member of Atlanta Fire United Soccer Club, self-described on the club’s website as the largest non-profit soccer club in the state of Georgia. Atlanta United Fire offers soccer programs to more than 3,760 children and more than 200 adults annually.

    For a recreational soccer club of that size, it would be a stunning revelation if it turns out that the organization did not provide portable AEDs to their coaches and players, on site, on the sidelines of the fields. AEDs cost only about $1,000, and have been scientifically proven to save the lives of children, teens, and adults who experience sudden cardiac arrest.

    The family of Gwinnett County teen Michael Jones deserves to know why an AED was not available to save the life of the promising young high schooler. That may only be discovered if and when the family hires a personal injury law firm to investigate the incident.

    Craig Goldenfarb, Esq. has been handling cases involving sudden cardiac arrest and AEDs for twenty years, which is a highly specialized area of law.