W I NTER 2015 EDITION

Transcription

1 W I NTER 2015 EDITION Jurors and Social Media LOCG Settles Multi-Million Dollar Claim Spend the Holidays with LOCG Personal Injury Case Timelines FAQs: Medical Bills After an Accident Meet Our Team: Dan Connor LOCG at the 2015 South Florida Fair REPRESENTING CLIENTS THROUGHOUT FLORIDA P R I N CI P A L O FFIC E: WEST PALM BEAC H

2 A Letter From Craig Jurors and Social Media: A Recipe for Disaster Can you imagine waiting two, three, or more years for a trial, going through the trial, and then having it overturned because one or more jurors was posting on social media sites during the trial? Two recent Palm Beach county trials show the prevalence of jurors violating a judge s instruction not to use social media (such as Google, Facebook, Twitter, etc.) during trial or during the jury selection process. The result of such actions is that tens of thousands of dollars are wasted by each attorney, and taxpayer dollars are also spent, due to a person s blatant disregard for what they are warned not to do. This is becoming more and more frequent. In each of these two cases, which happened to be in two courtrooms next to each other in West Palm Beach, a juror violated the judge s frequent warnings for jurors to not use social media during the trial. In one case, a juror posted to Facebook about his feelings during the trial. A friend of his egged him on even though both the juror and his friend knew that the juror should not be posting to Facebook. Then, the juror, after being questioned by the judge, lied, and said he had not been using social media. The judge put him in handcuffs and charged him with civil contempt. The Plaintiff lost the trial, and asked the judge for a new trial. However, the case settled soon afterwards. In another case, which was handled by my law firm, a juror tweeted during trial about his opinions of the case. When confronted by the judge, he basically said he didn t understand the judge s instructions (although it was obviously clear that he violated such instructions). The judge in that case denied our motion for a new trial, and we have appealed that denial. We hope that the appeals court will issue the first written appellate opinion in our judicial district on the issue of jurors violating judge s instructions not to use social media, and will provide guidance to judges, lawyers, and jurors on how to avoid this problem in the future. Both of these cases (which garnered a lot of TV news coverage) illustrate the trend that jurors (especially younger jurors) are developing a surprising disregard for the civil justice system, and cannot give up their addiction to social media. Recently, the American Bar Association (which governs lawyers nationwide), issued an opinion saying that it is ethical for lawyers to scan the social media sites of potential jurors and those chosen to serve, even after a trial has begun. Thus, what to do? I believe that judges need to not only give their instructions to the jury, but also inform them of the consequences of their violation of such orders, such as being arrested for criminal contempt or fined monetarily for civil contempt. In addition, the federal rules of court allow for potential jurors to sign an oath before the trial begins, that they will not use social media. Judges in our state court system could be asked to utilize this written oath, too. If jurors understand the consequences of their actions, it might force them to avoid their addiction to social media. At our law office, we believe both sides are entitled to a fair trial. Hopefully, the younger generation of jurors will realize that their obsession with social media must stop at the courthouse door. Wishing you and yours a prosperous and healthy Craig Goldenfarb, Esq. 2

3 Recent Case Results Achieving Results and Helping Families Recover For the family of life-long tow truck driver K.T., a nightmare that was once unfathomable became a reality in an instant. Growing up, K.T. s father had been a tow truck driver, and as a kid, he dreamed of being just like dad spending his days helping stranded motorists get back on the road. Tragically, in the early morning hours of June 18th, 2014, K.T. was killed after being struck by a passing tractor-trailer while he was helping a motorist in need who had broken down on a stretch of I-95, in St. Augustine, Florida. At the time of the collision, K.T. had his tow truck pulled to the side of the southbound lane, just in front of the customer s disabled vehicle, with his emergency signals and antler lights on and flashing. Immediately following the collision, the driver of the tractor-trailer can be overheard on the 911 call saying, I didn t even seen him [K.T.] standing there! The driver failed to follow Florida s Move Over Law, which requires drivers to change lanes to the left when approaching an emergency vehicle with its lights on. K.T. left behind a beloved wife and three young sons. The family hired our law firm the day after the accident, and immediately, Mr. Goldenfarb immersed himself in the matter. A $6.5 million settlement with the trucking company s insurers was reached after Mr. Goldenfarb hired an expert to reconstruct how the accident occurred. The settlement included guaranteed funds for each of the three boys to pay for their educations. We recognize that no amount of money could replace K.T. However, hopefully, the recovery will give this family the peace of mind they need to try to move on with their lives. Nursing home abuse and neglect comes in many different forms shockingly, even in the form of sexual assault. The adult children of assisted-living facility resident G.M. were aghast to learn that at some unknown time during the morning hours of March 1st, 2014, their mother, a 93 year-old former professional pianist, had been sexually assaulted with an unidentified object. Following the assault, G.M. told her psychiatrist and family about a mean man she didn t know who took her. She also said she was scared about being alone and was afraid every night. G.M. s loving family took immediate action, moving her into a new facility, where she is recovering and healing. Mr. Goldenfarb personally handled the case, securing a substantial six-figure recovery for the victim and her family. 3

4 LOCG Holidays 2014 LOCG In The News Trim the Tree Party Ugly Holiday Sweater Day Holiday Luncheon December 5, 2014 Staff decorates the firm s tree! December 17, 2014 Showing off our ugliest sweaters! December 22, 2014 The Chesterfield - Palm Beach Holidays 2014 LOCG In The News Lawsuit Against Negligent Funeral Home Featured on WPTV LOCG litigation client Mrs. Janet Grandison is interviewed by WPTV Newschannel 5 reporter Brian Entin about the mis-treatment of her late husband s body by a funeral home, Taylor-Smith West. The funeral home is a Defendant in at least two other lawsuits pending in Palm Beach County courts. Watch the video here: Hoops4Heroes Raises Over $4,000 for Wounded Warrior Project - Video Here - Craig Goldenfarb s Letter on Florida s Move Over law Published in Palm Beach Post - Craig Goldenfarb named to SuperLawyers for

5 Injury Case Timelines En Español Personal Injury Case Timelines Our Personal Injury Case Timelines are an important tool for our clients. These timelines are specifically designed to help our clients understand the different stages of their personal injury case. Personal injury cases can take a long time to resolve, and we understand how frustrating the wait can be. However, if you have a typical personal injury case, these timelines can offer you peace of mind in knowing where exactly you are with your case at all times. Here is a quick summary: Pre-Suit Phase (Average Duration: 3 Months 1 Year): During this time, your Case Manager explores all areas of available insurance while you continue to treat your injuries. Demand Phase (Average Duration: 2 Months 4 Months): Your Case Manager and Attorney will create a Demand Package on your behalf, which will be sent off to the insurance company(s). Negotiation Phase (Average Duration: 4 Months): This phase marks the first significant development towards resolving your case, as your lawyer is now working with the insurance company(s) for a fair and equitable settlement. Closing/Settlement Phase (Average Duration: 1 Month 4 Months): Once your case has settled, we then negotiate your medical bills and liens, so that we can provide you with the maximum amount of money for your case. Your Case Manager can provide you with a digital or print copy of these Timelines, or you can find them on our website by going to Abogado Craig Goldenfarb En Español Entrivista con el Abogado Goldenfarb e um en El Punto Abogado Craig Goldenfarb y el Abogado Jorge Maxion han hasido entrevistado sobre articulo en El Punto. La entrevista es del Abogado Maxion que tabien tuvo la experiencia de server como un Juez y tener la passion para la communidad hispana. Visite El Punto de Website- Zumbathon y Regala Una Sonrisa Patrocinado por el Abogado Goldenfarb El Abogado Craig Goldenfarb patrocino Zumbathon y Regala Una Sonrisa. Ambos sucedieron Diciembre del 2014, y ellos recolectaron dinero para la familias hispanas para la Navidad. Mirar Fotos de Website - ESPN Deportes Podcast Nuevos espisodios de los deportes que ESPN ofrecon Julian Zaldivar y Abogado Jorge Maxion se oiran cada tres meses. Escucha el ultimo Podcast de los ESPN Deportes website - 5

6 Medical Bills FAQ How To Refer A Case Frequently Asked Questions: Medical Bills My medical bills are piling up. What should I do? After an accident or injury, it is imperative that you begin medical treatment right away. That s because some of the compensation personal injury lawyers are able to obtain is for the reimbursement of medical bills and treatment related to the injuries you sustain. However, most people do not have tens of thousands of dollars lying around to pay for medical treatment immediately following an accident. For this reason, Florida law allows for medical providers (including doctors) to provide you with the treatment you need without an up-front cost based on a legal agreement between the clinic and our law firm called a Letter of Protection, or LOP, for short. The LOP is a promise from our law firm to pay the doctor if and when a monetary recovery is obtained by us from the insurance company. Here is our suggestion for organizing your medical bills throughout the duration of your personal injury case. You should designate a folder or binder to preserve all of the materials you have collected relating to your accident or injury. In this binder should be all the letters from our firm, as well as information from your insurance company. One section should contain your medical bills. The bottom line is to not worry. Focus on completing your treatment. Let us focus on handling the medical bills. This is one of the many advantages to hiring a personal injury lawyer after you ve been in an accident. How To Refer A Case To Our Firm Call our office ( ) and let the receptionist know that WE GLADLY PAY A you are referring a new case. Our Operations Director, Amy Boykin, supervises all intakes. Either Ms. Boykin or one of our other intake specialists will spend a few minutes gathering information IN ACCORDANCE WITH FLORIDA BAR RULES about the case from you, which they will then relay to Mr. Goldenfarb. Alternatively, you can simply have the client call our office directly. 25% REFERRAL FEE TO ATTORNEYS 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 accidents Slip and falls and other premises liability accidents Wrongful death Medical malpractice Nursing home abuse or neglect Bedsores (at any health care facility) Legal malpractice 6 Heart attacks in public places (like in an airport, gym, or sports stadium) Product defects and liability Boating accidents Fraud in overbilling the government (whistleblower cases) Drowning or near-drowning accidents Amusement park accidents

7 Get To Know Our Team South Florida Fair 2015 Dan Conner Wants to Walk In Your Shoes Dan Conner is the quintessential people person, but if you have been a client with our firm any time in the last six years, you already knew that. In his role as our firm s sole investigator, Dan is the first face a new client sees when hiring our firm to handle their personal injury case. I knew right away when I met him that he was warm and caring. The best part of this whole ordeal was my visit with Dan. He was really informative and knowledgeable. Honestly I was skeptical about hiring a lawyer after my accident. But then Dan came to my house and I felt much better once we started talking. These are a few examples of the many atual real comments we have received from clients about how their case was handled by our firm. Imagine that clients are taking time out of their life to share with us that Dan was a memorable part of their experience with our firm. Dan Conner has been an investigator with our firm since March of For 35 years, he has worked in different capacities in the investigative and security industry. Dan holds a Bachelor of Science in Criminology from the University of South Florida. His first job out of college was an apprenticeship with a detective and private investigative agency in Miami. Dan takes a lot of pride in spending time with our clients. My job is to make the process of hiring our firm as easy as possible, and I love it. He really enjoys addressing and answering the issues and concerns that our clients have. Dan explains it this way. Many clients are afraid that once they sign on the dotted line, they ll become a number, not a person. I help them understand how our firm assigns a Case Manager who will work with the client one-on-one. I explain that we even have an in-house Client Relations Manager. I even give them my cell phone number, which they can call any time. I promise them that they will never be merely a number. And I love watching their discomfort just melt away. Dan insists that it s the human element he brings to the first meeting that solidifies their confidence and trust in our firm. He s proud to be the guy that is responsible for laying this foundation of trust. How does he do it? Dan explains, I just put myself their shoes. That s all. No one wants to be a number that is in line waiting to be processed. My time isn t limited. I ll do whatever it takes to let our clients know that I care about each and every one of them, no matter how big or small their case is. Everyone I meet is treated with respect, dignity, and care, because that s what I would expect if I were in their shoes. Dan Conner sets a high bar for commitment and service to our clients that we all strive every day to meet. For that, we are proud to call him one of our valued team members at LOCG. LOCG LOCG Sponors the American Heroes Day at the South Florida Fair The Law Offices of Craig Goldenfarb, P.A. is this year s sponsor of American Heroes Day at the South Florida Fair! On Tuesday, January 27th, 2015, come to our booth to purchase a discount ride wristband for you and your whole family. We will be at the Fair on the weekend of January 24-25th, 2015, so if you can t make it for American Heroes Day, come say hello during the weekend! 7

8 CONNECT WITH THE FIRM Law Offices of Craig Goldenfarb, P.A S Australian Ave, Suite 400 West Palm Beach, FL Phone: Toll Free: GOLD-LAW ON THE WEB FACEBOOK Law Offices of Craig Goldenfarb YOUTUBE PersonalInjuryCG LINKEDIN Craig Goldenfarb GOOGLE+ Craig Goldenfarb us to update your address, phone number, or address, or to be removed from or added to our newsletter mailing list: Newsletter@800GOLDLAW.com We do not sell this mailing list or use it for any purpose other than internal use.