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

Category: Personal Injury Blog

  • Why All of Our Clients Should be Concerned About PIP Fraud

    South Florida is a wonderful place to live. However, we are not without our fair share of criminals looking to take advantage of residents. One serious illegal activity that continues to affect our clients directly is PIP fraud. “PIP fraud” is a term law enforcement uses to categorize crimes against Florida’s auto insurance laws.

    Personal injury protection insurance, or PIP, pays for your medical treatment following an auto accident, regardless of who is at fault for the crash. PIP fraud generally relies on insurers paying fake or false medical claims under PIP law.

    A typical scheme works like this: You get into a bad enough accident that the police are called, or your car is inoperable and towed. Your personal information is obtained by someone called a “runner” who contacts you and offers to help you get treatment. If you tell them you’re not injured, the caller may entice you with a cash payment to visit a specific clinic or medical center anyway, with the promise of more when the “case” is over.

    The medical clinic then employs a crooked personal injury lawyer to file a claim against your insurance company for the PIP dollars. Because the state minimum of required PIP insurance is $10,000, that’s often the limit to how much the lawyer is willing to obtain. Everyone gets paid with the PIP money – the runner, the doctors, and the lawyer – and you as the victim are offered very little, if any, from the funds.

    The sad truth of this illegal scheme is that these criminals are basically stealing your PIP insurance proceeds from you, and keeping it for themselves. So what part of this is illegal, exactly? For one, contacting an auto accident victim in any way (by phone, text, email, or in person) to solicit them for medical treatment or legal representation is illegal in the state of Florida.

    Another crime occurs when the “runner” tries to bribe you, the victim, with a cash payment for going to their clinic of choice. While all these crimes are serious offenses, it’s the insurance fraud scheme that you should be most concerned about. By falsifying or exaggerating injuries and treatment related to an auto accident, these people are committing felonies.

    Depending on the scope and size of the criminal ring, these financial crimes are punishable by several decades in prison, and millions of dollars in restitution and legal fines. How does this affect you, the auto accident victim?

    First, these criminals are taking advantage of your unfortunate circumstance, and your lack of knowledge on how the PIP system works. Their goal is to steal as much of your insurance money as possible. They ignore your legal rights, including the right to privacy. They don’t care about you – they only want to use you.

    As if that wasn’t enough to upset you, here’s something else they are responsible for: increasing auto insurance rates. Florida’s auto insurance companies have been raising rates on their customers for years in part due to increases in PIP fraud. Though disputed, the Florida Office of Insurance Regulation says that PIP fraud cost insurers close to $1 billion from 2010-2012, the most recent period in which insurance audits were available. That equates to about $250 per family a year in higher auto insurance costs. The insurers say they have no choice but to pass these additional costs on to customers.

    What can you do to help in the fight against PIP fraud?

    Report suspected insurance fraud to the Department of Financial Services at 1-800-378-0445. You may be eligible for a reward for the successful prosecution of your tip.

  • Drones: The Potentially-Dangerous Holiday Gift

    Drones are one of the hottest gadgets on the market right now, so it’s likely that many people will either give or receive them as a gift this holiday season. While your first instinct may be to take it out of the box and jump right into the air, it’s important to slow down for a second and familiarize yourself with a few best practices for operation and general safety to avoid either running into trouble with the law or injuring yourself or someone else.

    Drones Can Be a Major Safety Risk

    All drones can be potentially extremely dangerous. The most common type of drone is known as a quadcopter, which has four propellers that spin at high speed in order to generate lift. These propellers may seem small and aren’t even sharp to the touch when stationary, but at high speed they can cause serious injury, including potentially taking off a finger. Additionally, many of these drones have some significant weight to them, particularly camera drones, so suddenly falling out of the air can result in some serious injuries if it were to land on someone.

    The best way to avoid this? Always keep your drone in your line of sight and never fly near people, especially over large crowds. This way if the drone were to go down for some reason, you can see where it lands and minimize the odds of it landing on someone.

    Battery Dangers

    The most common battery that powers these drones is a lithium-polymer (LiPo) type battery. These batteries, while powerful, can be extremely dangerous to charge. Do not under any circumstances leave one unattended while charging. After every flight, be sure to test the voltage and check it for any dents, cracks, puffiness, or excessive heat emission, as these are all signs of serious battery damage. Do not attempt to charge a damaged battery, as they can explode and cause fire, injuries, and more.

    Legal Trouble

    Drones have been the subject of a lot of recently-enacted laws federal, state, and local levels. Before you set off on your first flight, find out where you need to register and look up any flight restriction areas (such as near airports). This can help you stay out of trouble with the law, keep you clear of dangerous locations to fly, as well as prevent you from being held liable in the event you cause any injuries.

    If you are injured by a gift this holiday season, either through the negligence of another or a product defect, call the Law Offices of Craig Goldenfarb, P.A. Our West Palm Beach injury attorneys have helped hundreds of clients recover the substantial compensation they are entitled to after they are injured in an accident. Since 2002, Attorney Craig Goldenfarb has served Palm Beach, Martin, and St. Lucie counties with all types of cases, including head trauma, loss of digit, and many other types of potentially catastrophic cases.

  • Are The Owners of the FEC Railroad Responsible for the Death of Robin Landes?

    Robin Landes and her husband Willian are like thousands of other Delray Beach visitors who enjoyed an ordinary night out on the town. Get a drink, grab a great bite to eat, and head on over to Bru’s Room, a sports restaurant on the northwest side of the Atlantic Ave railroad crossing. But August 3rd was no ordinary night for the sweet Boca Raton couple.

    In the early morning hours, while crossing the railroad tracks about 150 feet north of the railroad crossing walkway, Mrs. Landes was killed by a passing train when she lost her footing on the tracks. Her husband William witnessed her death after an unsuccessful attempt to save her life.

    Unfortunately, this is an awful tragedy that is all too common in Palm Beach County, and it is a problem that Florida East Coast Railway (FEC), the owner of the railroad that runs along our coast, may be held responsible to address.

    Is the FEC liable in the death of Ms. Robin Landes, and others who have been killed crossing the tracks?

    It is possible that the FEC may be held civilly liable for the death of Robin Landes, and others who died while crossing the railroad tracks this year, by failing to install and properly maintain safety measures that prevent the public from loitering on or passing through the property.

    Much like the owner of a home with a swimming pool is responsible for maintaining a fence around his property to prevent accidental child drownings, the FEC should be required to create a barrier of safety surrounding its deadly tracks.

    City leaders in Delray Beach have begun an effort to take FEC to task on that point. Following the tragic death of Mrs. Landes, Mayor Cary Glickstein spearheaded the process of formally asking FEC to construct barriers that prevent or deter pedestrians from crossing outside safety crosswalks, which is a frequent habit of downtown Delray Beach visitors. These barriers might include a fence, or landscaping.

    FEC is a private corporation that owns the trains, the rails they ride on, and the immediate proximity of property surrounding the tracks. On this crucial point, that the FEC has failed to place proper safety measures on their property to prevent pedestrians from engaging in the dangerous act of crossing railroad tracks outside of designated crosswalks, the families of those who have been killed by passing trains may sue the FEC for wrongful death.

    Who can sue FEC for the death of Mrs. Robin Landes?

    Florida law states who can sue for wrongful death. In the negligent death of Mrs. Robin Landes, there may be a potential wrongful death suit brought by any surviving children of Mr. and Mrs. Landes.

    If a personal injury law firm is hired to file suit, a good attorney may also be able to prove that the untimely death of Mr. Willian Landes was connected to the death of his beloved wife, Robin. Mr. Landes died the very next day from “natural causes”, though it may be that he was so psychologically and emotionally impaired from the tragic death of his wife less than 24 hours earlier, that any condition he suffered from was exacerbated and severely hastened. The possibility of a companion wrongful death suit against FEC on behalf of Mr. Landes may be possible.

    The key for victim’s families is to hire a law firm with experience in this area of law. Our personal injury lawyers are currently handling several similar cases right now. These wrongful death cases include people who were killed while crossing the FEC railroad tracks outside of designated crosswalk areas.

    If someone you know or love was killed by a train while crossing railroad tracks in Florida, please consider calling the Law Offices of Craig Goldenfarb, P.A. We may be able to file a wrongful death suit on behalf of the deceased to win compensation for funeral costs, pain and suffering, and economic loss.

    The consultation is completely free, and Mr. Goldenfarb will personally meet with your family to discuss your options. You pay no fees or costs to us for us to get started on your case. Find out if we can help your family today.

  • What Caused a Cement Truck to Tip Over and Kill Herold Ambroise?

    When a family man loses his life, the surviving family members lose so much, too. Such is true for the surviving family of Mr. Herold Ambroise, a husband and a father who suffered from a tragic incident while working.

    Mr. Ambroise was a concrete contractor, laying down a new curb near the Palm Beach International Airport, when the concrete truck he and a crew were operating inexplicably turned on its side with him underneath. The Palm Beach County Sheriff’s office and the Occupational Safety and Health Administration are both investigating the incident.

    It’s unknown from media reports at this time what happened, but the surviving family members deserve to know the truth.

    What caused the concrete truck to turn onto its side?

    Very few details have been released regarding the investigation into this tragic fatal accident. What we do know is that the accident happened around 10:00 a.m. last Saturday, August 6th. The roadways were wet at the time from recent precipitation.

    We also know that a 28,000-pound concrete mixer truck, similar to the one involved in this incident, can weigh almost twice as much as that – over 50,000 pounds – when fully loaded. These trucks have a relatively high center of gravity, and are known to be prone to tipping.

    It seems from scene photos that the truck which killed Mr. Ambroise was at the time of the accident parked, but no one has confirmed that publicly. Also, it’s unknown whether there was any visible damaged caused to the truck, perhaps by say, an unknown passing vehicle that may have clipped the truck, causing it to tip over.

    Another scenario could be that the concrete was mixed improperly, allowing the substance to harden inside the truck’s barrel quicker than it should have. As the barrel spins, the mixture hardens, and sticks to the inside wall of the barrel. The more that sticks, the heavier it becomes. As it spins clockwise, the left-hand side of the truck can tip as it comes around.

    Given the forces of gravity and inertia, it’s possible to imagine a scenario in which a potentially improper mixture of concrete and water caused the truck to tip over on its own, as it spun the mix. Mr. Ambroise way have simply been in the wrong place at the wrong time.

    The surviving family members can find answers with a personal injury lawyer

    The family will have to wait for the answers to many of their most pressing questions. From similar incidents in which we represented the families of those killed by an act of negligence, we know that the respective investigations by OSHA and PBSO could take up to six months to complete. Those official and separate investigations when complete will contain an official, documented account of the facts of what happened.

    Until then, the family should consider hiring a competent, trustworthy and experienced wrongful death lawyer. Our firm represents the surviving family of victims killed in acts of workplace negligence. Mr. Craig Goldenfarb personally oversees our wrongful death practice, as he is the managing attorney for sensitive, critical cases such as this one.

    Surviving family members may be able to recover future lost wages, compensation for funeral and burial arrangements, and compensation for pain and suffering as a result of a tragic act of negligence such as the one that took Mr. Ambroise’s life.

    If someone you know has been killed in an accident, please consider calling the Law Offices of Craig Goldenfarb, P.A. MR. Goldenfarb and his staff of committed attorneys and paralegals will meet with the family for a personal, confidential and completely free consultation.

  • Sexual Assault at Nursing Home the Fault of the Staff at Village on High Ridge

    It’s not often we come across incidents of sexual abuse or sexual assault occurring between residents at a nursing facility, but it does happen. Take the recent media coverage of one Louis Lawson, an 87-year old man who was caught by staff sexually assaulting an unidentified 94-year old facility resident.

    Investigators with the state agency that regulates nursing homes, Florida Agency for Health Care Administration (AHCA), are still looking into what exactly occurred last November, when a staff member of the Village on High Ridge walked in on Lawson performing oral sex on another male resident, who has remained unidentified in the reports. That victim is said to be severely disabled and suffering from Parkinson’s disease.

    When asked by staff and police why Lawson was performing fellatio, he insisted that the victim “liked it”, and that he was just “horsing around”. He has been charged with sexual battery, and is being held at the Palm Beach County Jail.

    More shockingly, residents of the home and former roommates of Lawson have insinuated that he was overtly sexual, having grabbed or fondled staff, or been known to pleasure himself in front of others. That the staff may have known or documented Lawson’s sexual deviance and inappropriate behavior, and did nothing to prevent it represents substantial neglect on behalf of staff, management, and owners of the facility.

    Who is Liable for a Sexual Assault that Occurs at a Nursing Home?

    Who is liable for a sexual assault that is perpetrated against a resident on the grounds of a nursing home depends on the circumstances. But in most cases, the nursing home itself can and should be held liable for the assault.

    The reason is that ultimately the safety and securing of every resident at the home is the responsibility of the home itself. Further, because many of the facilities in Florida receive government-subsidized revenues including Medicare and Medicaid, they are under strict scrutiny and regulation by the various state agencies that exist to ensure residents receive the care and protection they deserve.

    In addition to the various business or liability insurers the nursing home contracts with, the nursing home owners, or specific staff members can also be held liable.

    A History of Deficiencies at Village on High Ridge

    Village on High Ridge, in Lake Worth, Florida, formerly known as the American-Finish Nursing Home, is no stranger to ACHA, the agency that investigates complaints by residents of nursing homes. The same facility that Lawson was a resident of at the time of his sexual assault against another resident is underscored by violations in the rules and laws regulating skilled care and nursing homes.

    For the full year 2015, Village on High Ridge was cited for more than 90 violations during four different visits, some scheduled, and some complaint-driven. In the most recent report, the nursing home was cited for 46 deficiencies, including:

    • Failure to document an incident in which one resident was verbally abused by another resident
    • The observance of a large bruise on a patient that could not be explained by staff, and was not documented in any injury reports
    • Deficiencies in resident rooms, including faulty lighting, and emergency assistance bells not working properly
    • Sanitary standards not being met in the kitchen, laundry area, and the dining room, as well as other shared spaces

    Through Village on High Ridge has not received any fines in the last three years, the facility has earned only 2 stars out of 5 on the federal nursing home comparison website, Nursing Home Compare (medicare.gov).

    When Sexual Assault Occurs at a Nursing Home

    Sexual assaults at nursing homes is not a common occurrence, but it does happen. The perpetration of sexual assault on the elder is a grotesque act of violence and abuse that is unimaginable for most of us, and more so for those among us that trust these facilities to care for our loved ones.

    Sexual assault is an area of personal injury law we practice, and we have handled sexual assault cases involving the elderly, and nursing home residents. In 2015, our law firm settled a sexual assault case at a nursing home in which a 93-year old mother and former world-class pianist had been severely and traumatically sexually assaulted with an unknown object. The terms and parties to that settlement remain highly confidential.

    If you or someone you know has been sexually assaulted as an elder, a resident of a hospital or nursing home, or by a caretaker at home or in any other location, or if you merely suspect that abuse or assault has occurred, we suggest you contact our firm immediately for a free and confidential consultation with an attorney.

  • Florida Parents and Homeowners: Prevent a Drowning This Summer

    Summer is nearly here in Florida. For many families, summertime is a relaxing time. But for others, it’s a reminder that the dangers of childhood drownings and near-drownings are all too real.

    According to the Florida Department of Health, Florida experiences the highest rate of accidental drownings in the nation for children under five years old. Almost eight children out of every 100,000 people drown each year. That’s enough children to fill three or four preschool classrooms.

    Fortunately, there are some precautions parents and homeowners can take this summer to curtail the risk, and hopefully save one of those precious lives.

    Drowning prevention is everyone’s responsibility.

    Florida’s premises laws, or laws governing who is responsible if an accident or injury occurs at a place or on a property, are written in a way that protects both the property owner, and the injured party.

    When it comes to keeping a swimming pool inaccessible by small children, both the parent and the property owner can be held responsible for any negligence that occurs.

    A property owner must follow specific city and state codes specifying how high the latch for a fence or gate leading to a swimming pool must be. If the latch isn’t high enough, or if it fails, the property owner could be found negligent if a small child breaches the pool and drowns.

    However, homeowner responsibility doesn’t absolve the role or responsibility of the parent. It’s common for parental absence or distraction to lead to a drowning or near-drowning of a young child. In the time it takes to swap a load of laundry from the washer to the dryer, a child could fall into a pool and drown.

    Keep your property safe.

    If you own a property with a pool, even if you don’t expect to have children in your home, it’s always a good idea to be on the lookout for hazards around the pool. Loose or missing pavers, bricks, or foreign or unattended objects lying around the pool could case someone to trip or fall into the pool.

    Double-check your gate or fence latches, and make sure they are “self-closing” to prevent neighborhood children from accessing your property.

    If you own a property with a pool and have small children, or, if you are visiting a friend or family who has a pool with your small children, it’s a good idea to double-check the barriers surrounding the pool. Also double-check the safety mechanisms you have around the home, including the child-safety locks on door and screens.

    Make sure the required “pool alarms” on doors and windows are property installed and functioning.

    Be prepared in the event of a drowning emergency.

    All the precautions in the world will not prevent every instance of a child gaining unsupervised access to a pool, so it’s important that you are prepared in the event of an emergency. If a child does fall into a pool, retrieve the child, call 911, and begin performing CPR.

    “Near-drownings” is a term used to describe a situation in which a child is submerged under water for long enough to cause injury, but hasn’t fully succumbed to drowning. A child may have a pulse, but may not be breathing; or the child is barely breathing. This is called a near-drowning.

    Performing CPR and getting emergency help is crucial in the minutes following a near-drowning. The longer a child is without oxygen, the greater the possibly for permanent brain injury to occur.

    Before you have that first summer barbeque, it’s a good idea to follow these tips. Stay alert and supervisory when your child is outside, or near a pool; make sure your pool is free of hazards, especially if you have company over; and brush up on your CPR and emergency preparedness. The adherence to any of these safety precautions could be the difference between life and death.

    If you or someone you know has suffered the death of a child due to a drowning or near-drowning, contact our law firm for a free confidential consultation. We may be able to help your recover for pain and suffering following a preventable drowning accident.

  • West Palm Beach Law Firm Sues Bill Cosby, Hugh Hefner for Sexual Battery

    The embattled comedian’s legal troubles continue with a new sexual battery lawsuit filed in California state court by local law firm; lawsuit names Hugh Hefner as a co-Defendant.

    WEST PALM BEACH (5/18/16) — Personal injury lawyer Spencer Kuvin of the Law Offices of Craig Goldenfarb, P.A. has filed a civil lawsuit against Bill Cosby and accomplice Hugh Hefner in California State Court on behalf of client Chloe Goins, for a sexual assault that occurred at the Playboy Mansion in 2008.

    Spencer Kuvin and attorney Craig Goldenfarb will be hosting a local press conference on Thursday May 19th, 2016 at 10:00 a.m. at the firm’s law office to discuss the lawsuit, and why Hugh Hefner has been named as a Defendant.

    Who: Spencer Kuvin, Esq. and Craig Goldenfarb, Esq., attorneys for Chloe Goins
    What: Local press conference to discuss the sexual battery lawsuit filed against Bill Cosby and Hugh Hefner
    When: Thursday, May 19th, 2016 at 10:00 a.m.
    Where: The Law Offices of Craig Goldenfarb, P.A., 1800 S Australian Ave, Suite 400, West Palm Beach, Florida 33409
    Media Contact: Tom Copeland, Marketing Director, 561-697-4440 (cell: 561-601-5036)

    Background: The lawsuit, filed in Los Angeles this past Monday, seeks damages for sexual battery, gender violence, intentional and negligent infliction of emotional distress, and conspiracy. The complaint stems from an incident in which a young woman named Chloe Goins was sexually assaulted by Bill Cosby while visiting the Playboy Mansion in 2008. Upon arriving at the Mansion, Ms. Goins met Defendants Bill Cosby and Hugh Hefner, at which time Hefner offered Goins and her friend an alcoholic drink, which Cosby obtained.

    Shortly after ingesting the drink, Goins felt “woozy”, and was offered by Hefner to lie down in a room, to which she was escorted by Cosby. Goins then blacked out. She awoke soon after to find herself nude in a bed, with Cosby at the foot of the bed, biting and sucking on her toes. She recalls her chest feeling “wet” and “moist”, as if it had recently been licked. When Cosby discovered Goins had regained consciousness, he pulled up his pants, which had been removed, and quickly left the room.

    Attorneys for Ms. Goins are asking the Court for a jury trial, where they will be prepared to prove that not only did Bill Cosby commit this horrific sexual battery, inflicting years of trauma and emotional distress, but that Hugh Hefner, as Cosby’s close friend and proprietor of the Mansion for more than four decades, is complicit in the attack, as Hefner knew, or should have known, that Cosby had routinely sexually attacked or assaulted women at the Mansion dating as far back as the 1970’s.

    Ms. Goins was likely a minor at the time of the attack by Cosby. This is the first lawsuit in the sad saga that has led to Bill Cosby’s professional and personal demise since allegations of sexual assault and rape have surfaced from more than fifty women to name both Bill Cosby and Hugh Hefner as co-Defendants in civil litigation.

  • Understanding Florida’s Dram Shop Liability Laws

    Dram shop liability laws exist in nearly every state, and are an important part of many DUI accident claims. In this blog, our West Palm Beach auto accident attorneys take a look at Florida’s dram shop liability laws, which differ from those in many other states.

    Injured in a car crash? Don’t hesitate to pursue the fair compensation you deserve. Call the Law Offices of Craig Goldenfarb, P.A. today.

    What is Dram Shop Liability?

    The legal term “dram shop” refers to an establishment that sells alcoholic beverages, including a bar, restaurant or liquor store. If you are injured in an accident caused by an intoxicated driver, dram shop liability laws may give you the ability to hold this establishment partially accountable for the person’s intoxicated condition. Social host liability is similar, but applies mainly to homeowners and party hosts, rather than licensed businesses.

    How Do Florida’s Laws Differ From Other States?

    In Florida, dram shop liability only applies if the person being served is under 21, or is known to be “habitually addicted” to alcohol. By contrast, many other states extend this liability to those establishments that serve visibly intoxicated people. For a dram shop to be held liable, they must “willfully and unlawfully” provide alcohol to the minor, or must be aware of the person’s drinking problem if they are of lawful age. Some examples of this behavior include:

    • Failing to ask for a minor’s ID
    • Serving a minor with an ID that is easily recognized as fake
    • Serving a person who gets drunk at the same bar 4-5 times per week

    The language in Florida’s statutes also addresses social hosts, although not directly. The law applies to a person who “willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age” or is habitually addicted. This means that those who serve alcohol to minors at a party can be held liable for any injuries the minors suffer as a result of their intoxication.

    At the Law Offices of Craig Goldenfarb, P.A., our West Palm Beach car accident attorney can help you seek fair compensation from all liable parties. Contact us today for a free evaluation of your case.

  • 5 Most Dangerous Foods To Eat While Driving

    Distracted driving is quickly becoming one of the leading cause of serious car accidents, and with good reason – distractions can reduce your reaction time, take your attention off the road, and can limit your physical ability to react to dangers up ahead. One of the most overlooked distractions, however, is eating behind the wheel. In this blog, our West Palm Beach car accident attorneys take a look at five of the most dangerous foods to eat while driving.

    Have you been injured in West Palm Beach or the surrounding communities? Contact us today to learn how we can help.

    1. Chocolate

    A chocolate bar can be delicious, but they melt quickly in your hands. If you have chocolate on your fingers, it can significantly reduce your grip on the steering wheel. Cleaning melted chocolate off of your steering wheel, clothes, or other parts of the car can also be a dangerous distracted driving behavior.

    2. Burger & Fries

    Eating a burger while driving requires you to take at least one hand off the wheel, and typically creates quite a mess as well. This distraction can lead to serious car accidents if you are unable to properly control your car. The grease left on your hands by both burgers and fries can also cause your hands to slip off of the steering wheel.

    3. Tacos

    Tacos are notoriously messy, and eating them requires a good deal of attention. Eating a taco can take your eyes, hands, and even your mind off of the road, which in turn can reduce your reaction time significantly. Likewise, cleaning up lettuce, cheese, and meat that has fallen off the taco can create a dangerous distraction.

    4. Soup

    While most of us would never even consider eating an actual bowl of soup while behind the wheel, many people put soups into a thermos or mug to drink on the go. There is a danger created by taking your hand off the wheel, but the temperature of a soup can also cause a sudden reaction if it’s too hot. Spilling hot soup on your lap can be incredibly painful, and can severely compromise your driving ability.

    5. Coffee

    Coffee is likely the most common food or beverage consumed while driving, and is a vital part of many people’s morning routines. Just as with soup, however, hot coffee that burns your mouth or spills onto your lap can cause a sudden reaction and a serious car accident.

    Not sure if you have a case? Call our West Palm Beach car accident lawyers today for your free case evaluation.

  • Wrongful Death Cases in Florida: Valuing the Loss of Life

    The unexpected death of a loved one is devastating for surviving family members, especially if it was the result of an accident or negligence. Fortunately, the Florida Wrongful Death Act, a state law, ensures that surviving family members who qualify have a means by which to obtain compensation for their loss.

    The law allows for surviving family members who were dependent financially or emotionally on the decedent – such as a wife or children – to file a lawsuit against the person or company responsible for the negligence that caused the death.

    Commonly, Wrongful Death cases involve automobile accidents, accidents involving motorcycles or semi-trucks, or pedestrians. They can also include victims of criminal or other actions who die from their injuries. A death occurring as a result of a botched medical procedure, or nursing home neglect, may also provide the basis for a Wrongful Death lawsuit.

    In addition to replacing lost future wages, a Wrongful Death lawsuit can also allow for a grieving family to recover monetary damages for their pain and suffering. Money certainly cannot replace a loved one. But faced with the tragic circumstances of losing a husband or wife, compensation for pain and suffering can help assist the healing process.

    Here are some of the most commonly frequently asked questions we receive about Wrongful Death cases.

    Who are we suing in a Wrongful Death case?

    It’s a common misconception among the public that personal injury lawyers “sue people”. That’s not completely accurate. We bring legal claims to recover monies from any insurance company that has a current policy with whomever the negligent party is. That is the standard for all personal injury case types our firm accepts, whether it be an automobile accident, a slip and fall, or a Wrongful Death. We try to obtain a recovery from insurance companies, not people.

    With a Wrongful Death lawsuit, our job as personal injury lawyers is to hold the insurance company responsible for paying the Wrongful Death claim. After all, the negligent person or company paid insurance premiums to protect them from their possible negligence. It is therefore the insurance company’s responsibility to pay the claim.

    Who can file a Wrongful Death lawsuit?

    Florida law dictates who among the surviving family members can file a Wrongful Death lawsuit. The surviving spouse, as well as any natural or adopted children, can bring a claim. In cases where there is no surviving spouse, but there are children, a claim can still be filed. Also, it’s possible for a claim to be filed by a sibling, in some limited circumstances.

    However, it’s important to note that each case is different, and there may be reasons that preclude an individual from filing a Wrongful Death claim, even if there is clear negligence involved. It’s best to consult a personal injury lawyer if you are wondering whether you qualify to file a potential claim.

    How do you determine how much money a Wrongful Death lawsuit is worth?

    How much a case is worth is the most common, yet the most difficult, question to answer. Each individual circumstance of a case needs to be taken into consideration in order to determine the value of a case.

    The value of a case is referred to by lawyers as “damages”. Damages can vary widely, again, depending on the circumstances of the case, including how “at fault” or negligent the Defendant was at the time of the accidental death. Every case is different, and it is impossible to say how much a “typical” wrongful death case is worth.

    We hope that you never suffer the loss of a loved one due to another’s negligence. But if you do, make sure to consult a qualified attorney with experience in handling these types of cases.