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

Category: Wrongful Death

wrongful death cases, which are cases in which a death occurs due to negligence

  • Reports of Rising Deaths on Railroads in Florida Increase Need for Lawyers

    Reports of Rising Deaths on Railroads in Florida Increase Need for Lawyers

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    The Sun-Sentinel reported this morning on that the death toll on railroad tracks in South Florida has nearly doubled in 2017 from 2016.

    The report cited data that showed through September of 2017, twenty-three people lost their lives due to suicide or accidental death in collisions with trains operated by Tri-Rail, CSX (shipping), and Florida East Coast Railway, on which Amtrak passenger trains operate.

    Compared to only 14 deaths in all of 2016, twenty-three in only nine months is a staggering increase.

    Why is this important to our law firm? The reason is that some of these incidents may be legitimate personal injury death claims. The surviving family members could hold the owners and operators of these dangerous machinery accountable if there was negligence involved on the part of the owners.

    Our law firm has handled several of these cases this year

    Of the twenty-three death cases recorded in South Florida in 2017, our law firm has represented the families in several of those cases. Because of confidentiality for both the family and the defendants, we will not go into any specific details on any of those cases.

    However, there is some information insight we can provide.

    Firstly, the operators of the rail line are responsible for ensuring that the rail line is operated in a safe manner. That may mean that the trains and commuter lines be operated within established speed and guidelines. That also may mean keeping their premises blocked or cordoned off from pedestrian, vehicle, or bicyclist traffic at dangerous or populous intersections.

    If any safety measures were breached during the operation of any rail line, whether it be logistical train lines operated by CSX, or commuter lines operated by Tri-Rail or Brightline, and the result is that someone was killed, that may be a personal injury case.

    Brightline Train waits for passengers
    A Brightline train waits to board passengers. The problem with railroad deaths is only expected to rise as Brightline comes into full service from Miami to West Palm Beach.

    Another interested point to note is that these rail cars, especially the newer, faster, and more technologically advances rail cars like Brightline, are deceivingly quiet. Though the report released today cites some portion of the deaths being linked to suicide, it’s entirely possible for someone to stumbled upon the rail line, and be killed un-expectantly.

    These are extremely difficult cases to prosecute in civil court, which is what our law firm does on behalf of the families who lose loves ones due to accidental and fatal encounters with trains throughout South Florida.

    But we do our very best to pursue justice on behalf of our clients. If we can prove negligence was a factor, we will relentlessly pursue these operators.

    As with all potential personal injury matters, families of loves ones who have lost someone should call our law firm to find out if we can help. Consultations are completely free, and there is no cost or fees for our firm to begin working on the case. We are only paid if we secure a settlement or verdict on behalf of our client.

  • Bogomolsky’s Fatal Crash May Be a Wrongful Death Case

    An 88-year old man, Yefim Bogomolsky, has died a week after suffering a terrible car crash at one of the busiest and most dangerous intersection in West Palm Beach, Okeechobee Blvd and Military Trail. We’ve represented many victims of car crashes that have occurred in the past at that intersection.

    Mr. Bogomolsky reportedly passed away about a week after his vehicle was struck by another man who lost control, and ran into his vehicle. At the time of the crash, Mrs. Bogomolsky was in the vehicle with her husband; she reportedly survived the car crash.

    In fatal car crashes such as this one, it’s the job of the personal injury lawyer to establish liability and damages against the other party’s auto insurance company.

    Why the other driver may be held liable for Mr. Bogomolsky’s death

    The driver of the vehicle that apparently caused the crash, a young woman in her twenties who lost control of her vehicle at the intersection of Okeechobee Road and Military Trail, should be sued for the death of Mr. Bogomolsky.

    In a wrongful death lawsuit, it’s actually her insurance company that is sued for this needless death, not the driver personally. The auto insurance company is her representative in legal matters such as this – in fact, that’s part of the reason we all pay for auto insurance.

    The damages are clear: a man lost his life, and a surviving spouse if left to live on without him. Those may be considered very substantial damages in the eyes of the law.

    Liability is always less clear, but it may be established by a talented personal injury lawyer. The argument for liability in this case would be to establish that the young woman actually caused the crash that resulted in Mr. Bogomolsky’s death, by proving through experts, witness testimony, and evidence that she in fact lost control of her vehicle at that fateful intersection.

    There are the two most important factors when determining the validity of a case such as this one. Of course, they are not the only factors. Available insurance coverage is extremely important, as well as identifying all applicable insurance coverage policies.

    This is all within the scope of the valuable work that a personal injury law firm does. Not all personal injury law firms focus on catastrophic death cases such as this; our firm in West Palm Beach happens to be one of those firms.

    If you know a surviving family member of a person who was killed in an auto crash, please encourage them to give our firm a call immediately. The consultation is completely free, and there is no out-of-pock cost to the family to hire us. Call 561-697-4440.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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!

  • 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.

  • 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.

  • 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.