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

Category: Personal Injury Blog

  • The Most Dangerous I-95 Overpass in South Florida Claims Another Life

    The family of Richard Randolph are mourning their untimely loss of his life this week, following a tragedy on an I-95 overpass in Boca Raton in which the 69-year-old tow truck worker fell to his death while on the job.

    The job he was cleaning up was caused by a commercial semi-truck owned by JJR Transport & Logistics, operated by driver Adrian Figueredo of Miami, Florida. Figueredo intended to enter the highway at the Congress Ave overpass in Boca Raton, when he overshot the entrance, swerved, and crashed the semi-truck into the barrier, causing it to hover slightly over the southbound I-95 lane.

    Mr. Randolph was called to the scene by his employer, Emerald Towing. He was a revered veteran in the tow truck community. Mr. Randolph and his wife, Judy, were looking forward to a looming retirement date. They undoubtedly had grand plans for the future that were cut short on the morning of April 12th, 2017, when Figueredo crashed his semi.

    Sadly, Mr. Randolph fell to his death while doing his job trying to right the leaning truck.

    This Congress and I-95 overpass in Boca Raton is extremely dangerous

    Statistics show that the Congress Ave and I-95 overpass in Boca Raton could be the most dangerous exit and entrance ramp in South Florida, with more than 150 crashes there since 2011. Three fatalities have occurred as a result of those crashes, and more than half resulting in injuries, according to a Palm Beach Post report.

    According to news reports, at least five of those crashes have occurred there in the last year, the most recent crash before the incident involve Mr. Rudolph happening just two weeks prior.

    Why is this overpass so dangerous? According to semi-truck drivers who have crashed in the area, the entrance ramp to I-95 southbound is easy to miss. The southbound exit is similarly difficult to navigate, with many drivers making the mistake of turning left towards a retainer wall, instead of merging right off the ramp. If you miss the entrance, the end of the ramp and a steep drop-off is just about a hundred yards away.

    However, Florida Highway Patrol insists that the common culprit is truck drivers either driving too fast or not paying attention, or both.

    A Dangerous Overpass: I-95 and Congress in Boca Raton

    In the case of Figueredo, FHP has charged him with a crime in connection with the wreck that led to Mr. Rudolph’s death: exceeding the maximum number of hours a commercial truck driver can operate his or her vehicle.

    Who is responsible for the death of Mr. Rudolph, and why a wrongful death lawsuit should be filed

    This is a situation in which Mr. Rudolph’s death was completely and utterly avoidable. That’s because had Figueredo not broken the law by driving for too many consecutive hours, he could have been more attentive while he was behind the wheel at the time of the wreck.

    Signs and markers are posted along the ramps, directing traffic onto the southbound entrance ramp – it seems Figueredo was driving too fast, and possibly exhausted, or at the very least, inattentive.

    The crash caused by Figueredo brought Mr. Rudolph to the scene. While we don’t know exactly why Mr. Rudolph fell (that will be determined by OSHA), we do know that he was an experienced and seasoned professional. His death was the result of mitigating, negligent factors.

    The family should consider hiring a personal injury law firm with experience handling serious wrongful death claims, such as our firm. We handled the wrongful death suit in the 2014 death of a tow truck driver in Jacksonville, Florida, in which we obtained a $6,500,000 settlement on behalf of his surviving family.

    If you or someone you know has died as the result of another’s negligent semi-truck crash, please contact our law firm today for an immediate, private, and free consultation with Mr. Craig Goldenfarb, Esq.

  • Personal Injury Statute of Limitations in Florida

    Were you recently injured in an accident in West Palm Beach, or another part of Florida that was not your fault? If you plan on filing a personal injury claim, you’ll want to become familiar with the laws that can and will affect your case, namely the “statute of limitations” for filing a personal injury lawsuit in Florida.

    Every state has enacted a “statute of limitations” for personal injury claims. This refers to the deadline for filing a personal injury claim or civil lawsuit against the individual or entity that is legally “at-fault” for your injuries.

    Florida’s Statute of Limitations

    Unlike some other states, Florida has a rather generous statute of limitations for personal injury claims. Under Section 95.11 of the Florida Statutes, injured parties have four years from the date of the injury to file a lawsuit against the at-fault party. If you fail to file your case within the four years, you lose your right to file permanently.

    However, if you did not “discover” that your injury was caused by the accident or incident until sometime later, the courts may allow you to extend that window. Additionally, if you are filing a claim against a city, county, or state government, the statute of limitations is shorter: you have three years to file a claim in those cases.

    What is Comparative Negligence?

    In some personal injury cases, the person or business you are trying to file a claim against may respond by saying that you were to blame for your injuries, in whole or in part. If you are in fact partially responsible for your injuries, it can reduce the amount of compensation you receive from the other at-fault party, whether it’s an individual or business. Under Florida’s “pure comparative negligence rule,” your compensation would be reduced by an amount equal to your percentage of fault in the accident.

    Contact us 24 hours a day, 7 days a week and request your free consultation!

  • The Personal Injury Perspective of Flying a Drone

    Drones are one of the most popular consumer gadgets to hit the market in a decade. Whether you receive one as a gift for the holidays, or use it for business purposes, it’s an exciting technology that’s become so easily accessible by the general public, that you could order one right now off Amazon.com and have it at your door and flying in two days.

    Further, recreational drones are no paper airplane. With ranges of up to 300 feet of altitude, and upwards of 30 minutes of flight time, these devices could be dangerous in the air if handled carelessly.

    Most consumer drones cost anywhere from $80 to $1,200, with professional and commercial grade drones costing up to $20,000 or more. While we may be many years off from drones flying all around our heads like mosquitos, delivering everything from packages and groceries to even people, we are in a time of unprecedented proliferation of these airborne consumer electronics.

    With that growth comes concerns. How safe is it to fly a drone? What happens if a battery fails, and a drone comes plummeting from the sky in a crowded public space? Are the pilots of the drones, who are more often than not teenagers and young, inexperienced adults, even aware of the safety precautions and guidelines for safe recreational drone use?

    Personal injury considerations of recreational drone use

    For the typical recreational pilot, flying a drone safely requires great technical skill and practice. The dexterity needed to control the aircraft as it moves in three-dimensional space is more than you might expect – one hand controls the lift, while the other controls the direction, and both hands control the pitch. It’s a lot of work, and no one is naturally good at flying a drone. You have to learn it.

    This is the main reason why the Federal Aviation Administration, of FAA, has been slow to adopt regulation regarding the recreation flying of drones, or unmanned aerial vehicles (UAV). The commercialization of drones has far outpaced the reaction time for federal regulators to adapt to their availability. The FAA’s primary concern, as they have states, continues to be a concern for public safety, and the lack of established flight safety standards.

    So here is something to consider from a personal injury perspective. Drones can easily lose altitude for any number of reasons – a simple miscalculation by the pilot, environmental factors like wind, or just about any other factor. What if a drone crashes into someone and injures them? You as the pilot could be held liable, though the laws regulating recreational drone use are extremely new and untested.

    What if someone unknowingly injures themselves by handling the sharp and blunt blades of the drone? What if someone suffers burns by touching an overheating battery?

    How about inadvertent negligence involving the use of a drone? What if you are flying a drone, and someone becomes distracted by it, and causes a crash? And how about the premises within which you are flying the done? What if you are on public or private property when you are flying a drone, and it injures someone?

    The obvious implication here is that flying a consumer-grade drone without proper liability insurance and proper safety training could be a bad idea. You could be held personal liable for negligence for any accident or injury that occurs as a result of you flying your drone.

  • Causes of Nursing Home Abuse

    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 contends that we have an urgent need for more research, and we couldn’t agree more.

    Elder abuse or nursing home abuse refers to neglect, as well as physical, emotional, sexual, psychological, and financial abuse of vulnerable elderly adults. One groundbreaking study based out of New York found that 260,000 (1 out of 13) elderly adults in New York were victims of elder abuse at least once in the previous 12 months, the NCEA reports.

    “Elder abuse is also underreported,” says the NCEA. The New York Elder Abuse Prevalence Study found that: “for every case known to programs and agencies, 24 were unknown,” the NCEA reported.

    What Are the Risk Factors for Nursing Home Abuse?

    Before we get into the “causes” of elder abuse, let’s take a look at the risk factors, as reported by the NCEA. Studies found that these factors increase someone’s risk of being a victim of nursing home abuse:

    • A low amount of social support.
    • Dementia is a significant risk factor.
    • Previous experience being a victim of domestic violence.
    • Poor physical health.
    • Functional impairment.
    • Low income and poverty are associated with elder abuse.
    • No spouse or partner increases risk of financial exploitation.

    Who are the perpetrators? Aside from adult children and spouses, they include individuals who work in nursing home facilities. Perpetrators in the nursing home setting are:

    • More likely to be male, though women abuse as well
    • Have a history of having problems with law enforcement
    • Have a past or current substance abuse problem
    • Under a lot of stress
    • Have major financial problems
    • Often socially isolated
    • Working in an understaffed facility
    • Undertrained and underpaid

    Often, nursing home abuse is closely connected to hiring practices. Unfortunately, many homes fail to hire the best quality people. When a facility is constantly short-staffed and regularly hires unscrupulous individuals, not only is it a recipe for disaster, it’s an irresponsible, but all too common practice.

    Looking for a West Palm Beach nursing home abuse attorney? Contact us 24/7 to speak with a lawyer you can trust!

  • What Not to Do After a Car Accident

    According to the latest data available from the National Highway Traffic Safety Administration (NHTSA), in 2015, there were 6,264,000 non-fatal crashes in the United States – that’s 3.8% more crashes than the year before.

    Considering those numbers, it’s understandable why the chances of being in a crash at least once in our lives are so high. If you are ever involved in a car accident in the future, it’s important that you know how to conduct yourself. Otherwise, it can affect your personal injury settlement or award.

    Car accidents can be very stressful events that send people’s hearts racing and their adrenaline rushing. Sometimes, people are involved in accidents and they are so stressed about the crash, that they say and do things that cause them trouble down the road. Don’t let that happen to you!

    Our advice on what not to do after you’ve been in a crash:

    • Don’t flee the scene of an accident, ever. You are required by law to remain at the scene of an accident, check to see if anyone was hurt and exchange information with the other parties in the accident. If you flee the scene of a crash, you can face criminal charges.
    • Don’t admit fault! Sometimes it’s a natural response to say, “I’m so sorry” or “It was all my fault,” but you must refrain from admitting fault. It may not be your fault, or the other driver may be partially to blame. It’s much better to let the insurance companies decide who’s at-fault rather than to risk your claim.
    • Don’t agree not to call the police; you need the police. Not only do they write up a police report (which is valuable), the police prevent the other driver from providing you with false information (which happens). If the police ticket the other driver for breaking a traffic law, it will make your case that much easier to prove.
    • Don’t sign a Medical Release for the other driver’s insurance company. This allows them to dig into your medical history and try to find a way to blame your new injuries on an old medical condition. Even if an old condition is aggravated by the accident, the insurance company has no right to use it to diminish your claim – but that doesn’t stop insurance companies from trying!

    If you were recently injured in a car accident in West Palm Beach, contact our firm 24 hours a day, 7 days a week for a free case evaluation. We would be glad to answer your questions and discuss filing a claim for compensation!

  • Is Alzheimer’s Linked to Nursing Home Abuse?

    These days, Americans are living longer, healthier lives than ever before. Because the average life expectancy continues to get older with each generation, we are dealing with more age-related issues than previous generations did, one of which is dementia.

    According to the Alzheimer’s Association, Alzheimer’s disease is the most common type of dementia, which mostly affects people age 65 and older, but it can affect people in their 40s and 50s.

    In the early stages of Alzheimer’s disease, the forgetfulness and confusion may be mild, and hardly noticeable. But this is a progressive disease; as it advances the memory loss becomes severe.

    The individual may not recognize their children or grandchildren, or even their spouse. They get confused about where they are, where their home is located, and how much time has elapsed. They can even have difficulty speaking and walking.

    Dementia Makes Seniors Vulnerable to Abuse

    The Alzheimer’s Association confirmed what many nursing home abuse attorneys already suspected – that dementia makes older people vulnerable to abuse. They can be prime targets of unscrupulous people who take advantage of them because of their cognitive impairment.

    According to the Alzheimer’s Association, “People with dementia are especially vulnerable because the disease may prevent them from reporting the abuse or recognizing it.” We have learned that often, it’s the person’s caregiver who neglects or abuses them.

    Unfortunately, when the nursing home resident complains of the abuse, people sometimes don’t believe them because they think it’s the dementia talking. Essentially, family members must remain vigilant; they have to be their loved one’s voice when they cannot speak up for themselves.

    Types of abuse and neglect:

    • Isolation
    • Neglect (e.g. malnutrition and dehydration)
    • Physical abuse
    • Sexual abuse (nonconsensual sexual contact or activity)
    • Emotional abuse
    • Financial exploitation
    • Willfully depriving the person of medical care, assistance, medication, food, shelter, etc.

    If you suspect that your loved one is being neglected or abused by their caregivers, we urge you to contact the Law Offices of Craig Goldenfarb, P.A. to speak with a West Palm Beach personal injury attorney about what can be done to help.

  • Can Crime Victims File Personal Injury Claims?

    Most Floridians are well-aware that it’s against the law to drink and drive, commit assault or aggravated assault, and commit sexually-motivated crimes, such as sexual assault, aggravated sexual assault, and sexual abuse. But where does that leave crime victims?

    Are crime victims left in the dust, forced to pay for their medical bills, time lost from work, and other costs associated with their victimization? It may not be well-publicized, but crimes of physical and sexual violence can sustain thousands, if not tens of thousands or even hundreds of thousands in losses after being the target of a violent crime.

    For example, suppose a fast-food worker was sexually assaulted and nearly beaten to death in the back of the restaurant late one evening. After spending a month in ICU, she spent two more weeks recovering in the hospital.

    By the time she was released from the hospital, she suffered major brain damage, could no longer bear children, and was no longer able to work due to her brain extensive injuries. In other words, her life was ruined by the attack.

    Fortunately, the cops caught up to her attacker. After DNA evidence confirmed that the suspect in custody was in fact the woman’s assailant, he was convicted and put behind bars for a long time. But where does that leave the fast-food worker?

    After the attack, she was slapped with thousands in medical bills and she could no longer hold down a job due to her extensive injuries. Does she have any legal recourse?

    Legal Recourse for Crime Victims

    In the case of the fast-food worker who was violently attacked, she may not be able to obtain any damages from the assailant, who is not only behind bars, but poor, but she does have another option – she can file a personal injury lawsuit against her employer because the attack occurred while she was on her employer’s property.

    Often, when an assault, a sexual assault, or even a murder occurs on someone’s property, the crime victim or their surviving family members can file a personal injury (or wrongful death) claim against the owner of the property where the attack occurred. Sometimes, these claims are referred to as “negligent security” claims.

    These types of lawsuits are frequently filed when a crime victim is attacked at one of the following types of properties:

    • ​Bars
    • Nightclubs
    • Motels and hotels
    • School campuses
    • Dark parking lots
    • People’s workplaces
    • Any public building

    If you, or someone you love is a crime victim, please know that you may be entitled to valuable compensation through a personal injury lawsuit, even if the offender is facing criminal charges, or has not been caught by the authorities.

    To learn more about the rights of crime victims in West Palm Beach, contact the Law Offices of Craig Goldenfarb, P.A. today for a free case evaluation!

  • The Wrongful Death of Eric Tarmey in West Palm Beach

    Eric Tarmey was killed on Friday night, February 3rd 2017 when his vehicle collided with another vehicle, likely because the vehicle that caused the crash was speeding.

    Police reports indicate that the second vehicle was traveling northbound on Military Trail in West Palm Beach when it hit Mr. Tarmey’s 2010 Volkswagen in the side. Mr. Tarmey was likely making a left-hand turn from the southbound turn lane on Military Trail and Community Drive in West Palm Beach.

    The fatal crash happened just before 10:00 p.m. in the evening.

    Who is at fault?

    Media reports indicate that the crash happened at the corner of Community Drive and Military Trail in suburban West Palm, about a half-mile north of Okeechobee Blvd, just outside the entrance to Keiser University.

    The second vehicle was driven by Kevin D. Brown, Jr., a 24-year old man in a 2010 Nissan. Mr. Brown was in the northbound lane of Military. If he was speeding excessively, that would mean that he is at fault for the crash that killed Eric Tarmey. Under those circumstances, Mr. Tarmey’s family have a legal right under Florida law to file a wrongful death claim against Mr. Brown’s insurance company.

    Only a police report, which are not available to the public and may not be available at all for several weeks because of the fatality of Mr. Tarmey, determines who was at fault.

    The tremendous loss of life for the Tarmey family

    The Tarmey family have lost a son – an unspeakable devastation. Mr. Tarmey had a full life ahead of him at only 23 years-old. He was a dedicated student at Keiser University, and an active and excellent athlete.

    The lost economic and emotional damages of this fatal crash have caused tremendous psychological harm to the Tarmey family, including any surviving parents and siblings.

    If you or a loved one has suffered the loss of a close family member in a car crash such as this one, you have rights. You have a right to collect auto insurance proceeds for the untimely and negligent death of your loved one.

    Call our office today for a free consultation with personal injury lawyer Craig Goldenfarb, Esq.

  • Nursing Home Abuse in West Palm Beach

    In 2015, an article ran in the Palm Beach Post saying ,“If you plan on retiring soon, Florida is the place to be.” In the Aug. 30, 2015 article, the Post’s staff writer discussed how WalletHub compared 150 of the largest cities in the United States based on affordability, the number of activities, healthcare, and the quality of life.

    After conducting its research, WalletHub determined that Tampa ranked No. 1 on the list, with Cape Coral ranking No. 4, Orlando at No. 5, and finally Port St. Lucie at No. 8. While West Palm Beach did not land in WalletHub’s list of 2015’s best and worst cities to retire, it still has a significant number of nursing homes in the area.

    Florida is more than the Sunshine State, it’s a popular destination for retirees due to its year-round warm weather and affordability. When you have such a high saturation of elderly people, there are plenty of nursing homes ready to care for aging adults when their families can no longer provide them with adequate care.

    Unfortunately, nursing homes across the nation are notorious for nursing home abuse and neglect. Even the finest, most expensive facilities have been cited by regulatory agencies, and the subject of personal injury and wrongful death lawsuits.

    Defining Nursing Home Abuse & Neglect

    According to the Centers for Disease Control and Prevention (CDC), “Elder abuse is an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates risk of harm to an older adult (age 60 or older).”

    The major forms of nursing home abuse, include:

    • Physical abuse (e.g. hitting, biting, choking, suffocation, pushing, slapping, kicking, pinching, burning etc.)
    • Sexual abuse (forced unwanted sexual contact)
    • Emotional or psychological abuse
    • Neglect

    Let’s take a closer look at neglect: Much like child neglect, neglect of an elderly individual can include dehydration, malnutrition, soiled clothing, bedsores, unhygienic living quarters, foul smells in the resident’s room, a lack of bathing, and a lack of necessary healthcare.

    If your loved one is in a nursing home and you suspect neglect or abuse, please understand that nursing home abuse is widespread and underreported. Many facilities and their staff will go to great lengths to deny allegations of neglect or abuse. So, you need a professional’s help.


    If you are concerned that your loved one is a victim of neglect or abuse, especially if they are suffering from dementia or Alzheimer’s, we urge you to contact our firm for assistance!

  • Sexual Abuse Lawsuits in West Palm Beach

    According to the American Psychological Association (APA), sexual abuse is defined as “unwanted sexual activity, with perpetrators using force, making threats or taking advantage of victims not able to give consent.”

    While some victims do not know their abuser, most victims know their perpetrators, according to the APA. When victims are sexually abused, the immediate reactions generally include feelings of fear, shock, or disbelief. The long-term effects of sexual abuse are well-documented, and often include anxiety, fear, and Post Traumatic Stress Disorder (PTSD).

    In the United States, one of the nation’s largest anti-sexual violence organizations is Rape, Abuse & Incest National Network (RAINN). According to RAINN:

    • Every 98 seconds, someone is sexually assaulted
    • 9 out of every 10 rape victims are female
    • 55% of sexual assaults occur in or near the victim’s residence
    • In the U.S., 1 out of 6 women are sexually assaulted
    • Most victims of child sexual abuse are between the ages of 12 and 17
    • 66% of sexual assault victims are children between 12 and 17
    • Each year, about 321,500 Americans age 12 and older are victims of sexual assault

    Can sexual assault victims file a lawsuit?

    We want to mention that sexual assault is illegal in all states, and Florida is no exception. In Florida, sexual abuse or sexual assault is criminalized under Sec. 794.011 of the Florida Statutes, sexual battery. While the penalties vary depending on the age of the perpetrator and the victim, sexual battery is commonly prosecuted as a felony in Florida.

    If a sexual abuser is imprisoned for their crime, does that mean that a victim cannot file a lawsuit? No, on the contrary, in many cases a victim of sexual abuse or “sexual battery” can file a sexual abuse lawsuit, even if the perpetrator is facing criminal charges or already sitting in jail or prison.

    What if the abuser is not wealthy? How can a victim file a sexual abuse lawsuit? In many sexual abuse cases, the victim can file a lawsuit against a liable third party, it all depends on the facts of the case.

    For example, if a convenience store clerk was raped late at night in the store’s restroom while she was working, she may be able to file a claim with the property owner’s insurance carrier.

    Or, if a teenager had a sexual relationship with her teacher, her family may be able to file a lawsuit against the school that employs the teacher. On the other hand, if a young woman was raped in a grocery store parking lot, she may be able to file a lawsuit against the grocery store for inadequate security – you get the picture.

    If you, or someone you love is a victim of sexual abuse (sexual assault, sexual battery, rape, etc.) in West Palm Beach, and it occurred on private or public property, we urge you to contact the Law offices of Craig Goldenfarb, P.A. to discuss your case for free.

    We are available 24 hours a day, 7 days a week – give us a call today to discuss filing a claim for compensation!