REPRESENTING CLIENTS THROUGHOUT FLORIDA

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1 F ALL EDITION Inside This Edition: Why I m Voting for Charlie Crist Whose Fault Is It When You Slip and Fall? Hoops4Heroes Basketball Tournament Commitment to Our Community The Worst Nursing Home in Palm Beach County FAQs: How Much Is My Case Worth? The Team That Tullie Built GOLD-LAW LO C AL (5 6 1 ) REPRESENTING CLIENTS THROUGHOUT FLORIDA P R I N CI P A L OFFIC E: WEST PALM BEAC H

2 A Letter from Craig Why I Am Voting for Charlie Crist for Florida Governor on November 4th, 2014 I usually don t use this section in my newsletter to provide my political opinions. However, this coming Election Day, Tuesday, November 4th, 2014, is a very important day. I want to encourage you all to vote. Some people think my vote does not matter or it s only one vote. I have two comments on this. First, if everyone felt this way, our political system would fall apart. It is well-known that voter turnout during a mid-term election cycle is far lower than that of a Presidential election. In 2010, only 45% of eligible voters in Palm Beach County cast a ballot for the Governor s race. I think this is sad. The concept of voting, developed within our democratic system of government, is a gift. Citizens of most countries in the world cherish this gift this is evident when a country gets to vote for the first time. Lines of up to two days form, so that the once disenfranchised citizens finally get an opportunity to make their opinion count. I think it is offensive to our military soldiers, past and present, who defend this gift, to not take advantage of our opportunity to vote. Second, if you don t vote, I believe you lose the right to complain. As Americans, we are very fond of complaining about our politicians. If you don t vote and take place in the political process, what right should you have to complain about it? I encourage you to be a voice for change, not a voice of complaint. Now, on to why this coming Election Day is so important. Rick Scott has been our Governor in Florida for four years. He has been a governor who supports big business and powerful insurance companies. He has appointed conservative judges who are against the civil justice system as guaranteed by our Constitution. He has helped pass laws that limit my clients abilities to bring a lawsuit for negligence. He has sworn to destroy trial lawyers (like me), who are a major source of campaign contributions to his opponents. Before he became Governor, Rick Scott was the Chairman and CEO of Columbia/HCA, one of the county s largest private for-profit hospital chains, during a Justice Department s investigation into the company for Medicare and Medicaid fraud. That investigation later resulted in the largest civil, criminal, and penalty fines ever recorded: $1.7 billion. Scott resigned from the company four months after the settlement became public. In 2010, Rick Scott bought his way into the Governor s mansion, spending more than $85 million, obliterating political fundraising records for Florida (more than $73 million was his own money). To the contrary, Charlie Crist is a supporter of our civil justice system, of womens rights, of public education, of the environment, and of increasing the minimum wage. Charlie is also committed to advocating on behalf of consumers to create fair competition and low rates in the Florida health insurance marketplace. Rick Scott is the opposite. He believes corporations should run the world, at the expense of the public. I support Charlie Crist because I believe large corporations and insurance companies are here to serve us; we are not here to serve them. I hope you will join me in voting for Charlie Crist on November 4th. But whomever you vote for, please vote. Democracy is not perfect, but it is the best form of government that exists in the world and it is truly a gift. Thanks for listening. -Craig M. Goldenfarb gold - la w 1

3 Comparative Negligence HOOPS4HEROES Whose Fault Is It When You Slip and Fall? Businesses have a responsibility to keep their floors safe, clean, and free of hazards for their customers and anyone else who is on their property. This is Florida law. While some people might think of a slip-and-fall case as a frivolous or silly lawsuit, these cases are very serious. One of the ways a Jury determines how much of a slip and fall is the fault of the business, and how much is the fault of the person who fell, is a legal doctrine called Comparative Negligence. A Jury in a trial is asked to split up the fault by percentages. For example, a Jury could find that the business is 50% responsible, and the person who fell is 50% responsible. Comparative negligence is applied in cases that go to trial (which includes general negligence, auto accidents, and slip and fall injuries). Good lawyers will rarely accept a case where it s not apparent that the accident was substantially the fault of the Defendant. How comparative negligence works Comparative negligence is determined by the Jury during deliberations at the end of the trial. The Jury uses a standard Florida verdict form to render their decision. The Jury s job while in deliberation is to determine which of the parties in a lawsuit is at fault, and to what degree. They also determine the monetary award to the Plaintiff. There is no most of the time, this happens or rule-of-thumb when it comes to how a Jury decides the allocation of fault. Every single case is different. Over the 20 years we ve been representing many thousands of clients, some Juries in our trials have determined our client to be 0% at fault, while other Juries have determined them to be more than 50% at fault. The bottom line is that there is simply no way to predict how a Jury will interpret the facts. Continue reading this article by going to our website: gld.la/comp-negl benefiting wounded warrior project 3-ON-3 Basketball Tournament Sunday, November 9th, 2014, 9am - 3pm Palm Beach Atlantic University Dixie Hwy, West Palm Beach Trophies, prizes, and food for the whole family - FREE to attend $60 registration per team (all proceeds go to Wounded Warrior Project ) Veterans and Service Members will be honored TEAM REGISTRATION: HOOPS4HEROES.ORG Sponsored By: PERSO N AL IN JURY L AW Y ERS 2 Host of Ceremonies: Emerson Lotzia ESPN West Palm

4 Community En Español Commitment to Our Community - The American Heart Assocation Craig Takes the Ice Bucket Challenge The Ice Bucket Challenge, the social media craze that swept the nation this summer, was created as a way to help raise money and awareness for ALS research. When Craig was nominated, he accepted the challenge, but gave it his own special twist. Watch Craig s Ice Bucket Challenge Video: gld.la/cg-ibc Craig s Video for the American Heart Association The American Heart Association has been busy promoting a social media video campaign of their own: the Life is Why video. This online campaign encourages people to explain why they care about finding a cure for heart disease, and the importance of the AHA s work. Watch Craig s Life is Why video, produced for the AHA: gld.la/dadiswhy LOCG Participates in Palm Beach Heart Walk 2014 Continuing what has become a fall tradition for our firm, we once again participated in this year s Palm Beach Heart Walk, a fundraiser benefiting the American Heart Association. The Palm Beach Heart Walk is one of our area s biggest annual walks, attracting over 15,000 participants who are collectively trying to reach a goal of $750,000 to go towards research and education about cardiovascular disease. See our Heart Walk Facebook photos: gld.la/hw-2014 Abogado Craig Goldenfarb se preocupa por la comunidad Latinas Copa Latina Patrocinador Las Oficinas del Abogado Craig Goldebfarb estara patrocinando la liga de Futbol Copa Latina del condado de Palm Beach County. Ustedes puden encontrarnos el los finales en Octubre del 2014 en Dryer Park! copalatinasoccerleague.com ESPN Deportes Podcast e Abogado Jorge Maxion Eschuchas a ESPN Deportes 760 AM en la radio? Eschuchas a 99.5 FM Le Ley? Si es asi, podrias eschuchar nuestro anuncio de radio pronto. Nuestro Abogado Jorge Maxion estara en un podcast producido por ESPN Deportes 760 AM en el mes de Octubre. Lo puedes encontrar: gld.la/espn-deportes Estamos en Facebook: gld.la/fb-espanol gold - la w 3

5 Nursing Home Neglect & Abuse The Worst Nursing Home in Palm Beach County: Avante at Boca Raton This summer was a busy one for the owners of Avante at Boca Raton, Inc., the operators of the skilled nursing home of the same name in central Boca Raton. On four different visits from field office representatives of the Agency for Health Care Administration, or AHCA, the governing regulatory body of all heath care facilities in the state of Florida, dozens of deficiencies were cited between April 2014 and June One of the visits, conducted over three days beginning on May 27th, 2014, generated a Statement of Deficiencies summary report that is 81 pages long. This visit was a standard re-certification visit, which is required of a nursing home on the agency s Watch List. Another report documents 59 pages of violations after agency workers were called to the facility unannounced in mid-may to investigate an official complaint of mistreatment and physical neglect. Avante certainly isn t the only poorly-performing Palm Beach County skilled nursing facility, more commonly known as a nursing home. But it is one that stands out among other homes in our area. The facility is currently on the ACHA s Watch List for three active cases.the agency swatch List allows a nursing home to operate under a particular conditional status, allowing the owners the opportunity under direct scrutiny to cure extraordinary deficiencies or violations. In the most recent of the three pending cases, the facility was placed on the Watch List for a conditional timeframe of 103 days, beginning on May 16th, the same date the unannounced ACHA conducted its on-site investigation following the patient complaint described above. Failure to resolve the deficiencies, or perpetuation of violearn More About Nursing lations of applicable State and Federal law, could result in Home Abuse and Neglect the permanent revocation of Avante s license to operate this Legal Matters Videos particular facility, forcing a shutdown. To be fair to Avante on CBS12.com and other nursing homes in our area, the mere issuance of a Statement of Deficiencies does not constitute a penalty. It is cbs12.com/legalmatters only the result of an on-site inspection by the ACHA. Any facility cited with deficiencies has the right to appeal the findings. The Statement of Deficiencies requires the facility to create and implement a plan of correction for each deficiency cited. If and when the facility does correct the cited issues, and the Agency can verify the correction on a follow-up visit, often there are no further civil or criminal penalties of any sort. Continue reading this article by going to our website: gld.la/avante-br 4

6 FAQs Refer A Case Q: How much is my case worth? One of the most often-asked questions we hear from our clients is How much is my case worth? The value of any case is based on five main factors: liability, damages, causation of damages, available insurance, and intangibles. Liability The most influential factor in how much a case is worth is the liability in the case. Who was at fault for the accident? This is especially important in Florida, where comparative negligence is used to determine fault. The proportion by which you as the client are at fault for your own accident has a direct relationship with how much in damages or Jury award you will receive. Damages Damages can be economic (hospital bills and treatment, property damage) or they can be non-economic (the loss of enjoyment of your life). For non-economic damages to be considered, you must have sustained a permanent injury (in a car accident case). The severity of your injuries can have a significant impact on how much your case is worth. Causation of Damages What caused your injuries? Was it the accident you are suing over, or did the accident only aggravate a previous injury? The more it can be determined that the causation of your injuries or damages are directly related only to the accident you were involved in, the more favorable the result of your case will likely be. Available Insurance The more insurance coverage that is available to recover, the more valuable your case may be. If you or the Defendant are under-insured, or insured only by the minimum insurance required by the State of Florida, there may not be much to recover. Our job is to discover all available insurance policies. Intangibles This factor comes into consideration if we have to go to trial on your behalf. Intangibles are things like how likable you might be to a Jury, or how likeble the Defendant might be. Intangibles are the least predictable of all these factors. However, by preparing thoroughly for your Jury trial with you, together we can create strategies that may enhance your case s intangible value. How To Refer A Case To Our Firm Call our office ( ) and let the receptionist know that you are referring a new case. Our Operations Director, Amy Boykin, supervises all intakes. Either Ms. Boykin or one of our other intake WE GLADLY PAY A specialists will spend a few minutes gathering information about the case from you, which they will then relay to Mr. Goldenfarb. IN ACCORDANCE WITH FLORIDA BAR RULES Alternatively, you can simply have the client call our office directly. 25% REFERRAL FEE TO ATTORNEYS If Mr. Goldenfarb accepts the case, he will forward the client s information to Dan Conner, our in-house New Case Specialist (cell , Mr. Conner is able to visit the client at the location of their choosing without delay, to complete the necessary paperwork. Mr. Conner can usually meet with the client the same day that you call us. At The Law Offices of Craig Goldenfarb, we focus on representing those injured due to the negligence of a person or company. We handle cases throughout Florida in these practice areas: Car, truck, pedestrian, ATV, motorcycle and bicycle Heart attacks in public places (like in an airport, gym, accidents or sports stadium) Slip and falls and other premises liability accidents Product defects and liability Wrongful death Boating accidents Medical malpractice Fraud in overbilling the government (whistleblower Nursing home abuse or neglect cases) Bedsores (at any health care facility) Drowning or near-drowning accidents Amusement park accidents Legal malpractice gold - la w 5

7 Meet Our Team New Office Tour The Team That Tullie Built Mr. Richard E. Tullie, or Tullie as he is affectionately known by his team, is a 33-year veteran trial lawyer. Rich joined our firm in December 2013, and has delivered some of the best settlements and verdicts we have earned this year. Most recently, Rich, together with his Litigation Paralegal, Lydia Krause, and Litigation Assistant, Celina Quintero, won a $321,000 verdict for a young man who was rear-ended in Vero Beach. There was no settlement offered before the trial, an implication from the Defense that they thought the case was unwinnable. What makes this team of three so effective, he says, are the unique pre-trial preparation systems that they rely on. The team is entirely paperless, which allows Rich to think quickly on his feet without the encumbrance of having to sift through paperwork. The whole team has secure access at all times to his client s files on any device they are using, inside and outside the courtroom. That is significant because this team is pioneering a fully-digital approach. We embrace the efficiencies that technology can deliver to the litigation process. Hopefully one day, everyone in this office will be doing it our way, said Rich. Another pre-trial strategy Rich puts his trust in is delegating big projects to his team members, even those that are outside of their job description. For example, during his last trial, Celina was responsible for collecting and cataloguing physical evidence, and scheduling which witnesses will take the stand in what order. Rich supervised the process, but couldn t have done a better job myself, he said. Lydia, too, is up for the challenge of putting her skill set to creative use. Just prior to the beginning of the trial involving the case mentioned above, Lydia was to conduct witness interviews. It was during one of these interviews with the wife of the Plaintiff that they had a real woman-to-woman connection, and the wife opened up to Lydia in a way she hadn t with Rich, leading to the discovery of a new piece of crucial evidence that helped secure that the verdict. Lydia is indispensable during trial, Rich proudly admits. When asked what Rich loves about being a trial lawyer, he draws on three decades of niche experience trying aviation accident cases to summarize his feelings. In aviation cases, you are up against powerful corporate interests that are difficult to overcome. But if you stick through it and do it often enough, you can achieve justice for your client. I like taking down the powerful to benefit the less powerful that s what I really like. LOCG Have You Toured Our New Office? Many of you have visited our new office already. But in case you have not had the chance to take a tour, we have created a fun video, showcasing the best highlights of our new office space! Watch the video using this link: gld.la/gc-tour Check out the rest of our videos on our YouTube Channel here: gld.la/yt-vids 6

8 Law Offices of Craig Goldenfarb, P.A S Australian Ave, Suite 400 West Palm Beach, FL CONNECT WITH THE FIRM Toll-Free: GOLD-LAW Local: ON THE WEB AT FACEBOOK Law Offices of Craig Goldenfarb LINKEDIN Craig Goldenfarb YOUTUBE PersonalInjuryCG GOOGLE+ Craig Goldenfarb We do not sell this mailing list or use it for any purpose other than internal use. To be removed from our mailing list, please Tom Copeland, Marketing Director, at with your name, mailing address, and request.

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