Ethics Complaint Filed Against Former Judge and Attorneys By Florida Bar

Slip and FallFollowing its own investigation, The Florida Bar has filed ethics complaints with the state Supreme Court against a former 12th Judicial Circuit judge and two Palmetto attorneys.

Former Judge John Lakin admitted to accepting Tampa Bay Rays baseball tickets from the firm of Kallins, Little & Delgado while still hearing motions in a slip-and-fall case in which attorneys Melton Little and Scott Kallins represented the plaintiff. If you or someone that you know has been injured in a slip and fall, call a Fort Lauderdale personal injury lawyer.

The justice system is meant to keep the world in order. ThosFlorida Bar Files Complaintse that serve in the justice system take an oath to administer justice without respect to persons, and do equal right to the poor and to the rich, and will faithfully and impartially discharge and perform all the duties incumbent upon them. When that oath is not followed out accordingly, they must answer. An ethics complaint was filed by The Florida Bar with the state Supreme Court against two Palmetto attorneys and a former 12th Judicial Circuit judge.

A Wrong Move For A Florida Judge

Former Judge John Lakin was said to accepting Tama Bay Rays baseball tickets from the firm of Kallings, Little & Delgado while he was still hearing motions in a slip and fall case in which attorneys Melton Little and Scott Kallins represented the plaintiff. Mr. Lakin admitted to the accusations.

The complaint read, Lakin presided in the June 2015 trial of Sandy Wittke vs. Wal-Mart Stores. Little and Kallins represented Wittke, who claimed to be injured when she fell at the Wal-Mart on Cortez Road in Bradenton.

Florida Judge BribedOn June 25, 2015, the jury returned a verdict in favor of Wal-Mart. The next day, Little suggested to Kallins that Lakin would be interested in tickets to that evening’s Rays game with the Boston Red Sox. Kallins contacted Lakin’s judicial assistant with the offer. The law firm provided five tickets to Lakin, who used two and discarded the others. When Lakin received the tickets “the time period for filing post-trial motions had not expired.” On July 2, Little filed a motion for a new trial. On Aug. 25, Lakin asked the law firm for tickets to a Rays game with the Minnesota Twins, which Little delivered to the judge’s courtroom. The next day, Lakin overturned the jury’s verdict in the Wittke case and granted the motion for a new trial. “Prior to the Wittke vs. Wal-Mart Stores Inc. case, Judge Lakin had never overturned a jury verdict during his tenure on the bench.” In October, Lakin received tickets from the firm to a Rays game with the Toronto Blue Jays.

Florida Slip and Fall Attorney

Lakin was advised from his senior judges that accepting the tickets were inappropriate and that he was required to disclose his actions to both the Florida Judicial Qualifications Commission and the parties involved in the Wittke vs. Wal-Mart Stores case. Lakin admits that his actions were inappropriate but that accepting the tickets had no influence on his decision of the case. Lakin then resigned on March 7, 2016, and the JQC dropped its case against him.

The Bar concluded that Lakin’s “solicitation and acceptance of free baseball tickets” from attorneys appearing in a case before him “created an appearance of impropriety” and undermined his “independence, integrity and/or impartiality as a member of the judiciary.”

 

 

 

 

 

Florida Auto Insurance Coverages Could Change

Welcome To FLIs the required auto coverage on Florida roads enough to cover health care costs in the event of an accident? Many are finding that these limits are not enough to cover the medical expenses. It is required to carry personal injury protection of at least $10,000 in medical benefits. Lawmakers are currently discussing changing up the insurance coverage drivers are required to carry. If you or someone you know has been injured in an auto accident, call the Fort Lauderdale Injury Attorneys to discuss your options.

Fort Lauderdale Auto Accident Attorney

FL_Car_InsuranceFlorida’s Motor Vehicle No-Fault Law, which is also known Personal Injury Protection or PIP, requires all drivers to carry $10,000 in medical, disability and funeral protection. When a driver only carries the minimum coverage, $10, 000 is nearly enough to cover medical expenses for everyone in the car. Who ends up having to carry the burden of these excess medical expenses? Legislation is currently discussing cancelling out PIP benefits and raising the bodily injury coverage to $25,000 a person and $50,000 per incident. This would require a driver to purchase this coverage before being able to register a vehicle.  With any new change, there are always those that are in opposition to the new change. Physician groups as well as insurance companies are those who are in opposition, saying dumping PIP moves Florida to a system of litigation.

Florida Auto Insurance Changes

“We can bring meaningful value into a system that places fault appropriately on the person who caused the accident,” Senator Grall said.

FL Auto InsuranceWith Florida’s PIP law, there has been a tsunami of bad faith claims. The Florida PIP law has been revised several times since 2000 to try to reduce insurance fraud. But those reforms have also restricted coverage. PIP was created in 1971 as a way to reduce traffic lawsuits.

Of course, by requiring a higher minimum coverage, the minimum premium would be higher as well. Those is opposition of this new law wonders how this would affect low income families. Senator Grall’s bill made it out of its first committee, but it still faces an uphill battle. Similar legislation is also filed by Senator Jeff Brandes, Senator Tom Lee and Representative Bill Hager.

A South Florida Law Firm Helps Win An Arkansas Medical Malpractice Suit

The-Ben-Law-Firm-Medical-Malpractice-CaseAn Arkansas family recently was awarded a $46.5 million settlement in a medical malpractice case with the help of a South Florida law firm. If you or someone you know has been injured due to the negligence of the medical provider, call a Ft Lauderdale injury lawyer to discuss your possible medical malpractice case.

South Florida Law Firm wins Medical Malpractice Case

The Daily Business Review reported the Smalls family sued Dr. Johnathan Lewis and the Ouachita County Medical Center located in Camden, Arkansas for negligence when the baby, Kara, was born. The Smalls stated that due to their daughter’s jaundice not being treated at birth, bilirubin entered her brain which caused permanent damage. Bilirubin is a substance that the body creates when it replaces old red blood cells. When this substance is present at high levels, it causes jaundice. If not treated properly, it can enter other parts of the body causing further damage.

Stuart Ratzan and Stuart Weissman of the Ratzan Law Group in Miami represented the family, along with Kimberly Boldt and Mario Giommoni of The Boldt Law Firm in Boca Raton and Jim Lyons of Lyons & Cone in Jonesboro, Arkansas. The Smalls’ previous child was born in Tampa and went through phototherapy, which is a common treatment used to cut down on high levels of bilirubin, according to Web MD. Deirdre Gilbert, the national director of the National Medical Malpractice Advocacy Association, told the Florida Record that when it comes to medical malpractice, the case represented a huge accomplishment. “In the present medical system, many cases do not find their way to a courtroom, so in terms of this award I am glad to see it moved through,” she said. “If you relate that to the cost of a human life being destroyed, this would not suffice because it is really hard to determine the cost of life.”

A Piece Of The-Ben-Law-Firm-Medical-Malpractice-Law-SuitMind For This Medical Malpractice Victim

On March 9th, a jury in Union County in Arkansas, where the two-week trial was conducted, filed its verdict. “There are several cases where these things are appealed, but the evidence of a ‘live’ toddler makes it very difficult to refute these allegations,” she said. “Florida has several laws as it relates to medical malpractice, but there is no limit on the amount of compensation a medical-malpractice plaintiff can recover for past and future medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice. In the case of someone who is not alive, attorneys usually ask for the judge to lower the amount of the compensation to that of the caps of that state. “There is a joy that the family received justice, but we are hoping that we can stop the harm, and if not, then all can receive justice.”

Florida Is Runner Up For Medicaid Fraud

florida-medicaid-fraudDoes anybody ever check with their insurance company to check what charges were being filed for payment? Many of us don’t ever follow up with this which gives health care providers a bigger opportunity to submit fraudulent charges to your insurance company for payment. Florida is ranking high in the lead for the nation’s top states in recovering money from health care providers suspected of Medicaid fraud.

Florida Insurance Claim

Florida-Insurance-FaurdThe federal government released data earlier this month that showed Florida’s Medicaid Fraud Control Unit recovered more than $165 million during 2016. Florida took place as the runner-up with New York coming in first place of Medicaid fraud. South Florida has received its name of being one of the “hot spots for health care fraud” in the nation.

If you or someone you know needs help with your insurance claim case, call an experienced attorney at The Ben Law Firm to discuss your options. Have the security and comfortability of having a lawyer by your side every step of the way!

 

Florida In The Lead On Caregiver Caused Deaths

Elder-Abuse-in-Fort-LauderdaleA caregiver is a family member or paid helper who regularly looks after a child or a sick, elderly, or disabled person. When you think of caregiver, you think of someone who true cares for the person they are caring for and would do anything to make their life easier for them. Unfortunately, not everybody has the same way of thinking and stress can play a big part of crimes committed to those we care for.

Find A Fort Lauderdale Injury Attorney

A new study from Ruderman Family Foundation shows results that are guaranteed to make our stomachs squirm. It seems that Florida is in the lead for deaths of seniors and children with disabilities caused by their caregivers. The study showed the one person is killed every week by a caregiver.  that statewide, one person with a disability is murdered every week by someone who should be watching out for their well-being. Advocates are the voice for these vulnerable victims that can’t speak up.

Florida Caregiver Abuse

Fort-Lauderdale-Injury-AttorneyIn 2015, 11-year old Janiya Thomas was murdered in Bradenton, FL. Her mother was accused of her murder and stuffed her body in a box in the freezer. “I don’t think a mother in her right mind would do that, I really don’t,” says Diane Dowling, Keishanna Thomas’s aunt. Thomas has been accused of locking the little girl in a bathroom because of digestive problems, then starving, beating, suffocating, and drowning her. Her murder trial is scheduled for August in Manatee County.

Sadly, Janiya’s story does not stand alone There have been several cases of children as well as the elderly being hurt or even killed by who is supposed to be their protector. If you suspect abuse to a minor or elder, call a Fort Lauderdale nursing home abuse attorney. The attorneys at The Ben Law Firm are ready to help you with your case. Call today to talk to an experienced attorney.

Could Insurance Issues Weigh On Florida Legislature’s Agenda?

Fort-Lauderdale-Insurance-PolicyGary Farmer, a Fort Lauderdale Democrat and first-year senator, has been involved in the fight over assignment of benefits for the last five years. He was previously president of the trial lawyers’ organization Florida Justice Association, as the attorneys pushed back against proposals to restrict property owners’ ability to sign over benefits of their insurance policies to contractors.

A Fight Between Insurer’s and Trial Lawyers

This year, Farmer is a sponsor of the attorneys’ proposed fix countering insurers’ latest proposal that would deny legal fees to predominant attorneys representing contractors working under assignments.

The assignment of benefits issue is considered to be the most important insurance-related issue that is currently up for debate. Many are anticipating the outcome of this debate come this spring. There are many more insurance-related issue on the agenda as well.

Other Insurance Issues On The Plate

Fort-Lauderdale-InsuranceMany other insurance issues are on the watch this spring. Lawmakers are expected to look into personal injury protection also know as PIP. Some other topics will be allowing health insurance customers to sue their HMOs, prevent health insurers from dropping drugs from coverage lists in the middle of policy terms, plus many other issues that have been the center for conversation. No one knows what will come of these issues. Only time will tell if things will change or remain the same. 

If you or a loved one has been injured, call the Fort Lauderdale injury attorney that cares. The Ben Law Firm will stay by your side through the entire litigation process and ensure that you get compensated for your injuries.

Big Time Carnival Cruise Line In The Court Room

Cruise Ship Slip and Fall
Cruise Ship Slip and Fall

When the winter comes, we all tend to want to sail away to a tropical paradise where the sun stays all year around. For this Carnival cruise guest, her paradise getaway didn’t end how she anticipated. This vacation ended with a trip to the hospital.

Florida Cruise slip and fall

Carnival cruise guest, Samia Soliman, claims that on July 21, 2016, she slipped and fell on the ship due to a wet surface on the passenger deck of the Carnival Imagination. She stated in the complaint filed on January 4th, 2017 that she sustained physical injuries due to the fall that could have been avoided had Carnival Corp. warned the plaintiff and its passengers about the wet and slippery surface.

Damages owed in a slip and fall

Carnival imagination cruise ship
Carnival imagination cruise ship

The plaintiff is represented by Paul M. Hoffman of Hoffman Law Firm in Fort Lauderdale. The plaintiff requests a trial by jury and seeks damages plus interest and all legal fees.cruise injury attorney In ft

Damages in a slip and fall case could range anywhere from the medical bills that you have incurred to the pain and suffering due to the injury itself. If you have experienced a slip and fall call the cruise injury attorney in Fort Lauderdale. The Ben Law Firm strives to keep their clients happy and well taken care of through their process of healing. The Ben Law Firm fight for you!

 

To follow up on this case, visit U.S. District Court for the Southern District of Florida Case number 1:17-cv-20038-RNS

A Law Firm that Fights for You!

Far too often, people are dissatisfied with their attorneys.  Complaints are often that the lawyer does not return phone calls, does not pursue the claim aggressively, or settles to easily.  At The Ben Law Firm, we have fought for and recovered millions of dollars in financial compensation for our clients.

The Ben Law Firm Puts the Ball In Your Court!

Insurance companies thrive on inexperienced lawyers!  Hire The Ben Law Firm, and we will put the ball back in your court.  We have decades of experience negotiating with Insurance Companies and recovering maximum financial compensation for our clients!

With over 50 years of collective service to the South Florida community, the Fort Lauderdale injury lawyers at The Ben Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

Our website is located at TheBenLawFirm.com.  We can be reached by telephone at (954) 961-2055 or by email at [email protected]

 

UBER Accidents in South Florida?

Have you gotten into a car accident in or with an UBER?  Every time you hop into an UBER, you are not simply getting onto the road, you are engaging in a commercial activity.  This can raise significant legal issues if you are involved in a car accident.  UBER has been in the news in South Florida a Broward County, as questions about insurance coverage have emerged.  In situations such as this, experience matters.  Insurance issues such as Uninsured Motorist Coverage, Commercial Insurance, and unlicensed commercial activity may be crucial for obtaining a monetary recovery.

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Have you been in a car accident with an UBER?

If you have been in a car accident in Fort Lauderdale, or anywhere in South Florida, call The Ben Law Firm.  Our Law Firm has handled legal claims against UBER and UBER drivers.  If you want the best results for your legal claim against UBER, it is important to contact a lawyer at The Ben Law Firm immediately.

With all of the news about UBER recently, it is important to hire the experts!

With over 50 years of collective service to the South Florida community, the Fort Lauderdale injury lawyers at The Ben Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

Our website is located at TheBenLawFirm.com.  We can be reached by telephone at (954) 961-2055 or by email at [email protected]

 

 

Plumber from Texas sues Ford and Automation when his Truck with business logo ends up with ISIS

When a Plumber in Texas painted his logo on his new  pick up truck he had no idea his brand would become associated with ISIS.  Mark-1 Plumbing out of Texas City was inundated with threatening phone calls after the image below surfaced in the news.  He filed a lawsuit against the Ford dealer who he sold his used F-250 to. The Plumber, in addition to being the target of numerous threats, was also the subject of a political parody by comedian, Stephen Colbert.  According to  his complaint, Ford represented that it would remove his firm’s logo from the truck. The Plumber has asked for damages of 1 million dollars.

 

An ISIS video last year showed fighters firing from a truck belonging to Mark-1 Plumbing.

Negligence can encompass all sorts of events and is not just limited to rear-enders and slip and falls.  Here, the purchaser of the Plumber’s truck is alleged to have a legal duty to remove the seller’s logo before it was resold and failed to do so.  Some how it ended up in the hands of jihadists.  This makes you wonder about how about how one of America’s most iconic trucks ended up in the hands of ISIS.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale injury lawyers at The Ben Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

Our website is located at TheBenLawFirm.com.  We can be reached by telephone at (954) 961-2055 or by email at [email protected].