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

Category: Personal Injury Blog

  • Behavioral Signs of Nursing Home Abuse

    It is said that these days Americans are living longer than ever before. Today, adult children have different challenges than their parents did. With seniors living well into their 80s, 90s, and beyond, sons and daughters are doing everything they can to help their elderly parents remain independent. From buying them homes without second stories, to getting them gym memberships, to buying them vitamins and taking them along on family vacations, many Baby Boomers are doing the best they can to help their parents live long, healthy, carefree lives.

    Unfortunately, millions of elderly parents eventually suffer from dementia. Or, as they reach an advanced age, they begin to require round-the-clock assistance with everything from taking care of their home to cooking to bathing, and everything in between. When it becomes too much, the family decides to place their elderly loved one in a nursing home. Often, this is a very hard decision for the family to make.

    What is Happening Behind Closed Doors?

    While some nursing homes are great facilities that hire caring staff, too many of them fail to put the residents’ needs first. On the outside, they may look nice, but behind closed doors, the nursing home, long-term care or assisted living facility is understaffed and the people that do work there are poorly trained and underpaid. In effect, abuse occurs.

    Why does this happen? Because, too many nursing homes are more concerned about their bottom line than the wellbeing of their residents. According to the National Center on Elder Abuse (NCEA), “Experts have reported that knowledge about elder abuse lags as much as two decades behind the fields of child abuse and domestic violence.”

    The NCEA goes on to say that elder abuse is underreported. “The New York State Elder Abuse Prevalence Study found that for every case known to programs and agencies, 24 were unknown,” reported the NCEA.

    While nursing home abuse can involve sexual abuse, physical abuse, psychological abuse, and financial exploitation, for the purposes of this post, we want to help you identify the “behavioral signs” of elder abuse. This way, if you don’t “see” any physical signs, you know what to look for behaviorally.

    Behavioral Signs of Elder Abuse

    • A sudden change in mood or personality
    • Your loved one complains of abuse
    • Your loved one is afraid of you leaving
    • Your loved one is afraid to be alone
    • Your loved one becomes afraid of movement
    • Your loved one becomes depressed
    • Your loved one no longer smiles or laughs
    • Your loved one seems like an entirely different person

    Typically, what causes nursing home abuse is inadequate training and staffing, insufficient employee background checks, and a high staff turnover. All of these can be traced to upper-management, which is ultimately responsible for these issues.

    If you suspect your loved one is a victim of nursing home abuse, please contact our firm to schedule a consultation with a West Palm Beach injury attorney who can help.

  • Sexual Assault Victims of Uber Drivers Should Hire A Lawyer

    Most victims of sexual assault don’t think of hiring a personal injury lawyer after a brutal, violent attack, and rightfully so. Victims are often severely traumatized, and don’t know what to do or who to call for help.

    After a few weeks, many victims will begin to re-gain clarity. That is often an appropriate time to speak with personal injury Craig Goldenfarb, Esq. about possible legal recourse against your attacker.

    Our law firm is honored to represent one of the victims of former Uber driver Xolani Mtsitsha, who was arrested in August 2016 after several victims came forward to identify him as the man who raped them while posing as an Uber driver.

    According to news reports, there are other instances of sexual assualt in which an Uber driver picks up a rider, and attacks. One case is that of Gary Kitchings, who picked up a rider from Sunfest in March of 2017. Soon after the ride began, Kitchings forced himself sexually upon that unidentified victim. What followed is a deeply disturbing and graphic account of her assault, of which we will not re-publish here. If you are interested in details, you can find a news article on Gary Kitchings here.

    Kitchings has been charged with rape, kidnapping, and burglary.

    How can a personal injury lawyer help after a sexual attack?

    We will hold Defendants and their insurance companies personally and contractually liable for any form of sexual assault anywhere it occurs, regardless of who the attacker is. In the case of the Uber driver who raped our client, we will hold Uber liable for failure to create a safe environment for its riders.

    It is Uber’s responsibility to ensure the safety and security of its customers, not the customer’s themselves. Uber should be performing extensive background checks of its contract drivers. Gary Kitchings should have never been allowed to become a driver for Uber.

    Personal injury lawyers who sue sexual predators cannot provide you with medical or psychological treatment following a sexual assault. But we can fight for your right to be compensated for your trauma and suffering. We can also fight for additional compensation to help pay for ongoing medical or psychological treatment.

    But you have to call us to find out if we can help, and how. Consultations with our lawyers are always free of charge, and we never charge our clients out-of-pocket for our fees or costs to handle a case.

    Our personal injury law firm intends to build strong cases against Uber for our victims of sexual assault and battery perpetrated by the ride-sharing service’s drivers.

    If you or someone you know has been assaulted or attacked by an Uber or Lyft driver in any way, please call our law firm as soon as possible.

  • Can I Handle My Own West Palm Beach Personal Injury Claim?

    Can I Handle My Own West Palm Beach Personal Injury Claim?

    It’s not uncommon for accident victims to ask, “Can I handle my own West Palm Beach personal injury claim?” Usually, personal injury victims wonder if they really need an attorney and if they’ll receive more compensation if they represent themselves. While it is normal to wonder about these things, it is important for plaintiffs to understand one thing, “Remember, you don’t know what you don’t know.”

    While technically, there’s nothing barring plaintiffs from representing themselves, it is still not a good idea. You would not ask a dentist to perform heart surgery, and you certainly would not want to operate on yourself because you do not have the training or experience. Law is no different. Handling a personal injury claim is not a DIY project. You cannot compare it to remodeling your bathroom or replacing the kitchen sink by yourself.

    What Sets Our Injury Attorneys Apart?

    Personal injury lawyers go to law school, which is why they understand which laws protect you. Beyond that, an experienced personal injury lawyer knows how to determine the value of a case; they know how to negotiate a fair settlement with an insurance company; they know how to gather scientific evidence that will stand up in court; and they know how to take a case all the way to trial and succeed. They learned these skills through handling hundreds, if not thousands of cases over years (and years) in the trenches.

    Why Do I Need a West Palm Beach Personal Injury Lawyer?

    Aside from the fact that our West Palm Beach personal injury lawyers are highly qualified to handle your case, there is another important reason you’d benefit from hiring legal counsel: insurance companies.

    Insurance companies have one main goal, which is to settle claims for as little as possible.

    By representing yourself, you’re setting yourself up for a low-ball settlement. The insurance company will say, “This is all your claim is worth,” because plaintiffs don’t have experience valuing settlements.

    You don’t have data about collecting damages. Sure, you might walk away with something, but it is going to be significantly less than what you would have received if you hired a skilled West Palm Beach personal injury lawyer to maximize your compensation. Sometimes, the difference can be thousands, if not hundreds of thousands of dollars.

    If you’re wondering if you need to hire a West Palm Beach personal injury lawyer, take our free case evaluation! Give us a call 24/7 to get started.

  • Marina, Yacht Owner May Be Held Liable in Wrongful Death Suit at Old Port Cove Marina

    A man who was killed while cleaning the hull of a mega yacht at the Old Port Cove marina in North Palm Beach leaves behind two young daughters, including a 6-month old newborn. The family is mourning the loss of Luis Alberto Gorgonio-Ixba this week, who was only 34 years old.

    Mr. Gorgonio-Ixba was reportedly cleaning the underside of a yacht hull when someone or something inexplicably turned on the ship’s bow thrusters. Hull cleanings are specialized work that is performed by a submerged diver. Bow thrusters are engine-propellers installed on either side of the yacht’s beam, which help the massive ship to maneuver in tight spaces.

    Bow thrusters suck in water from one side, to push the boat in the opposite direction.

    The Florida Fish and Wildlife Commission is investigating the deadly accident, which could take weeks to furnish a final report. In the meantime, Mr. Gorgonio-Ixba’s family is left to grieve his sudden and tragic loss.

    Who is responsible for the tragic death of Luis Alberto Gorgonio-Ixba?

    The Coast Guard was called to Old Port where a 163′ super yacht named Honey was docked. It’s not clear from news reports which vessel Mr. Gorgonio-Ixba was working on, but video of the scene shows paramedics and other first-responders next to Honey.

    Honey is registered to a Connecticut limited-liability company controlled by the CEO of a billion-dollar privately-owned food distributor.

    Owners of super yachts such as Honey typically moor their massive vessels at ports and marinas all over the world. When not in use by the owner, they are commonly chartered by others. The owner of the vessels pays dockage fees to the marina, but it is not clear if Mr. Gorgonio-Ixba was an employee of the marina, or an employee of the crew that works on Honey.

    Most common, hull cleaners are sub-contractors of companies that are hired to care for a vessel.

    There are several liability factors to consider in a sad and complicated Wrongful Death case such as this. First, the owner of the marina could be held liable for not providing adequate safety measures for companies that contract to do business on their premises.

    Liability may also be bore by the owner of the company that hired Mr. Gorgonio-Ixba to perform the hull cleaning work, and/or the crew members, if such crew member was found to be responsible as having operated the bow thrusters in the moment he was killed.

    Lastly, the owner of the vessel may be held personally liable for the tragedy. In any of these situations, insurance coverage would most likely be available for the surviving family to pursue.

    Safety in the water should be observed at all times, especially while a man or woman is working in or around any propellers or engine components at a marina. This was an avoidable and terrible tragedy that should not have occurred if proper safety standards and procedures were followed.

    If you or someone you know was killed while working in or around a marina, please call our law firm for a free consultation. We may be able to help the surviving family recover for their pain and suffering, and future lost wages.

  • Preventing Child-Related Drownings

    Now that the weather has warmed up and most children are home from school, backyard pools, waterparks, hotel pools, and community pools will be bustling for the next few months. After all, summer is all about having fun in the sun and playing in the water, especially if you’re a child or teenager.

    Unfortunately, the summer season generally means an uptick in accidental drownings and near-drownings, most of which are entirely preventable. According to the Centers for Disease Control and Prevention (CDC), “drownings are a leading cause of injury death for young children ages 1 to 14, and three children die every day as a result of drowning.” The CDC goes on to say that drowning takes the lives of more children between the ages of 1 and 4 than any other cause, with the exception of birth defects.

    For more drowning statistics from the CDC, click here.

    How to Prevent a Drowning

    If you are a parent, or if you will be caring for children over the summer, it’s critical that you learn how to prevent a child from drowning. Even if it’s not your own child, or a child that you are watching, this information may still help you save another child’s life.

    Key drowning prevention tips:

    • If you’re a parent, enroll your child in swimming lessons until they become excellent swimmers.
    • Learn cardiopulmonary resuscitation (CPR).
    • If you have a pool in your backyard, fence it off with a four-sided isolation fence equipped with self-closing and self-latching gates. This prevents small children from falling in the pool.
    • If you go near a natural body of water, such as the ocean, a lake, or a river, require all children under your care to wear lifejackets, regardless of swimming ability. A weaker swimmer can wear a lifejacket in a pool too.
    • Watch children closely near water. If kids are swimming on your backyard pool, or if you’re at a pool party, keep a close watch on the kids. Drowning is quick and quiet, and often occurs within feet of a distracted adult. Avoid consuming alcohol or drugs, or engaging in distracted activities when children are in the pool. Even checking social media, chatting on the phone, or running into the house to get a few chores done can distract you long enough for a child to drown while in your presence.

    If someone you love has been injured or killed in a drowning accident on private or commercial property, we urge you to contact our firm to schedule a free consultation with a West Palm Beach personal injury attorney.

  • Wrongful Death Claims in Florida

    In Florida and throughout the nation, deaths can be intentional or they can be completely accidental. So, intentional deaths would be criminal offenses, whereas accidental deaths would subject the wrongdoer to a civil lawsuit. Sometimes however, an accidental death, such as the case of a drunk driver taking someone else’s life, can be criminal in nature. In fact, if a drunk or drugged driver takes someone else’s life, he or she could face both criminal charges and a wrongful death lawsuit.

    A “wrongful death” action arises in the case of an accidental death. Essentially, state laws were enacted all over the country to deter people from reckless and irresponsible behavior that could result in death. Under wrongful death laws, if someone “accidentally” kills another person, the at-fault party can face a civil lawsuit. Wrongful death lawsuits often arise under the following circumstances:

    • Car accidents
    • Truck accidents
    • Boating accidents
    • Pedestrian accidents
    • Motorcycle accidents
    • Drowning accidents
    • Premises liability claims
    • Acts of violence (on private or commercial property)
    • Nursing home neglect or abuse

    Florida’s Wrongful Death Laws

    Under Florida law, wrongful death claims are brought on by the personal representative of the decedent’s estate. If a decedent dies without a will or trust in place, the court appoints a personal representative to handle the deceased person’s estate. Even though personal representatives are the ones to file wrongful death claims in Florida, they file these claims on behalf of the decedent’s surviving family members.

    Which family members can recover damages?

    • The decedent’s spouse.
    • The decedent’s children.
    • The decedent’s parents.
    • The decedent’s blood relatives or adopted sibling who were supported partially or fully by the decedent prior to their death.

    Under Florida Statutes Section 95.11(4)(d), wrongful death claims must be filed within two years of the date of death in most situations. Under very limited circumstances, the deadline or “statute of limitations” may be delayed.

    To learn more about filing a wrongful death claim in West Palm Beach and the types of damages available, contact the Law Offices of Craig Goldenfarb, P.A. for a free consultation!

  • Court Allows Chloe Goins’ Trial Against Bill Cosby to Move Forward

    Los Angeles, CA – 5/22/2017 – A California State Court Judge has denied a motion to dismiss a civil lawsuit against Bill Cosby for sexual assault stemming from an encounter between the disgraced comedian and aspiring model Chloe Goins, at a Playboy Mansion party in 2008. The decision paves the way for the trial to move forward.

    Personal Injury Attorney Spencer Kuvin, Esq., of the Law Offices of Craig Goldenfarb, P.A., in West Palm Beach, Florida, who represents Ms. Goins, says the significance of the Court’s denial to dismiss cannot be understated.

    “It is the only civil case in the country to succeed beyond a motion to dismiss on the statute of limitations grounds for a primary sexual assault claim,” said Mr. Kuvin. All of the pending civil lawsuits filed by former victims of Cosby have been for defamation due to his public denial of any accountability for his many alleged crimes.

    The trial has now been set for June 2018, creating the possibility for Ms. Goins to hold Cosby accountable in the court of law, said Mr. Kuvin.

    The timing of the Court’s decision to allow Ms. Goins’ lawsuit to move ahead comes down on the same week that Cosby’s criminal trial for drugging and sexually assaulting former Temple University employee Andrea Constand begins in Philadelphia.

    The next step in Ms. Goins’ civil trial will include receiving the entire investigative file from the LAPD, and the taking of depositions from Mr. Cosby, and Mr. Hugh Hefner, the owner of the Playboy Mansion, whom Ms. Goins reported to police had introduced her to Mr. Cosby.

  • Tips for Preventing Dog Bites

    Tips for Preventing Dog Bites

    A lot of people are animal lovers and have a dog or cat, or both at home. Some people have multiple dogs and cats, or other pets, such as birds, rabbits, and reptiles. As much as we love animals, especially dogs who are “man’s best friend,” we must remember that they are animals and they still have the ability to harm us.

    Dogs are much like people and if they are not properly socialized, or if they are not treated well by their owners, they can become skittish and they can be overly aggressive. Most of the time, dogs can be some of the most loving animals, but if their owners don’t give them enough love and affection, or if they are physically abused, they can become dangerous to others.

    Of course, there are some dogs who were born naturally aggressive despite having a loving owner, but that’s more the exception than the norm. Regardless of how a dog was raised, it’s the dog’s owner’s responsibility to ensure that their animal does not harm anyone who is lawfully allowed to be on public or private property. If a dangerous dog does bite or attack an innocent person, the dog’s owner can be held liable for any injuries their dog causes.

    Safety Tips Around Dogs

    Regardless if a dog came from a shelter and has a questionable past, or if the dog is happily sitting in the back of a pickup, or if the dog is roaming around the neighborhood, you always want to approach dogs with caution, even familiar dogs. Follow these tips to reduce the chances of being bitten by a dog:

    • Don’t pet a dog who is chewing a toy.
    • Don’t pet a dog while he or she is eating.
    • Don’t pet a dog who is caring for her puppies.
    • Ask the owner before petting a strange dog.
    • Before petting a strange dog, let the dog sniff you first.
    • If a loose dog is roaming, don’t run. Instead, stay still until the dog leaves.
    • Don’t pet a strange dog who’s in a car or truck. Dogs protect the space they are in.

    If you follow these above safety tips and you are still bitten or attacked by a dangerous dog, the dog’s owner may be legally liable for your damages, such as pain and suffering, medical bills, and lost income. Dog bites can lead to permanent scarring and disfigurement, and thousands of dollars in medical bills.

    If you are considering a dog bite claim, don’t hesitate to contact the Law Offices of Craig Goldenfarb for a free case evaluation!

  • Bedsores & Nursing Home Neglect

    Bedsores, also known as pressure ulcers, refer to an injury to the skin and the skin’s underlying tissues. As the name indicates, bedsores or pressure ulcers are caused by having pressure against the skin for a prolonged period of time. Usually, bedsores develop around bony areas of the body where there is little muscle and fat covering the bone. For example, bedsores commonly develop on the hips, knees, ankles, and along the tailbone.

    People who are in good health and able to walk around do not typically get bedsores because they don’t lay down for prolong periods of time. Instead, those who are afflicted with bedsores the most are people who have a medical condition that makes it difficult for them to move around and change positions. Bedsores usually develop in people who are confined to a bed or a chair, and they frequently occur in the nursing home setting.

    Symptoms of bedsores:

    • Swelling and tenderness,
    • Red, broken skin,
    • Changes in the skin’s texture and color,
    • A pus-like substance drains from the sore, and
    • The wound feels warmer or cooler to the touch than other parts of the body.

    Bedsores vary in severity; a new bedsore can appear red with unbroken skin, while an advanced bedsore left untreated can be a deep injury that penetrates the muscle and bone. If a bedsore develops, it’s important for the individual’s position to be changed to take the pressure off of the area. If the bedsore does not improve within 48 hours, medical intervention is necessary.

    Causes of bedsores:

    • Too much pressure on an area of the body, which decreases the blood flow in the tissues. Blood flow cannot be underestimated; it’s vital so that oxygen and nutrients can be delivered to the tissues. Without adequate blood flow, the skin and surrounding tissues can die.
    • Friction can lead to bedsores – this happens when a person’s skin is rubbed by bedding or clothing. If the skin is fragile to begin with, excess friction can lead to bedsores.
    • Shear can lead to bedsores. Shear is where two surfaces, such as skin and a bed, are moving in the opposite direction – this can lead to sores.

    What are the risk factors?

    • Inadequate nutrition leads to bedsores because people need proper nutrition to maintain healthy skin.
    • Dehydration can lead to bedsores because it compromises the skin’s health.
    • Being confined to a bed or wheelchair (immobility).
    • Certain medical conditions that decrease blood flow, such as diabetes, increase the risk of bedsores.

    Bedsores are not to be ignored, they can lead to serious complications, such as cellulitis, bone and joint infections, cancer and sepsis (although sepsis is rare). Unfortunately, it’s not uncommon for bedsores to develop in nursing home patients as a result of neglect. If your loved one has developed bedsores in the nursing home setting, know that bedsores are not something to be tolerated or ignored. Often, bedsores are a direct result of poor nutrition or dehydration, or the failure to move patients so they will have adequate blood flow.

    To learn more about your loved one’s rights, contact our office to schedule a free consultation with a West Palm Beach nursing home abuse attorney!

  • Sugar Daddy’s Should Be Held Liable in the Shooting Death of Darryl Rudolph

    The family of Darryl Rudolph is grieving the loss of the 55-year old father and husband who was killed by a discharged firearm that was negligently handled by another man at close quarters while he was on a job at a notorious West Palm Beach strip club.

    That man, Defendant Paul Senat, now faces manslaughter charges for his “reckless disregard for human life”, according to a Sherriff’s report, in what Prosecutors are labeling a homicide. The incident occurred at Sugar Daddy’s, a West Palm Beach gentlemen’s establishment, where Mr. Rudolph was working as a part-time handyman.

    This terrible incident does make for a good wrongful death case: there is clear liability on the part of Mr. Senate, as well as the owners of the club, which somehow figured it was appropriate to keep a high-powered weapon unsecured on a shelf in a storage room.

    The clear liability in this potential Wrongful Death case

    The laws of Florida provide surviving family members with the legal mechanisms to hold individuals and business liable when a negligent act directly results in the death of a loved one. In order for a wrongful death case to be valid, there must be clear liability, damages, and eligible survivors.

    In the case of Mr. Rudolph’s homicide, the liability rests squarely on the shoulder of the owners of the club, and Mr. Senat personally. A wrongful death suit filed by experienced personal injury attorneys on behalf of the family could help answer some really basic but important questions, such as why was there an AK-47 sitting on a shelf? How did it go off? Why was the Defendant toying with the rifle in the first place?

    Surviving family members with rights under the wrongful death laws of Florida might include Mr. Rudolph’s spouse, and his children. They deserve an opportunity to use the court system to hold those who caused this outrageous act and the loss of a precious loss of a relatively young father and husband responsible.

    Sugar Daddy’s is rife with legal liabilities and incidents

    This isn’t the first-time Sugar Daddy’s has been in the news for legal and liability issues…far from it. According to the Palm Beach Post, in just a four-month span, the Sherriff’s office was dispatched to the run-down strip club at least 72 times.

    Less than a year ago, the establishment made local headlines when a 21-year old standout football star was murdered on his way home from Sugar Daddy’s. That homicide remains unsolved.

    In October of 2016, police investigated a shooting that occurred outside the club early on a Sunday morning. No witnesses ever came forward, and the perpetrator was never found.

    It’s about time someone steps in and holds brazen owners of this club responsible for its egregious acts of negligence and liabilities, and the dangers their continued operation poses to future patrons.

    If you or someone you know was injured or killed at or near the premises of Sugar Daddy’s strip club in West Palm Beach, we encourage you to give our office a call for a free consultation to find out how we may be able to help you find closure. The call is free, and there is no obligation or up-front cost to hire our law firm to work on your case.