Fort Lauderdale Injury Lawyer Blog

The Sooner the Better.

It is important to remember that time is of essence. The longer you wait, the more likely it becomes that critical evidence will no longer be available -- witnesses' memories fade and the opportunity to take photographs may be gone. Conditions at the scene of the accident, evidence of the property damage, injuries, and other relevant evidence can change or even disappear.

Personal injury cases and wrongful death cases have important deadlines in which to file a lawsuit called "statutes of limitations." If your claim is not filed within the statute of limitations, it may be forever barred! The sooner you e-mail or call us at The Ben Law Firm, the sooner we can assess the scope of your claim and and begin processing your case. Unfortunately, by the time many accident victims decide to consult a lawyer, much of the evidence available right after the accident occured is no longer around or the statute of limitations may have run.

Report the Accident.

Call 911. Report the incident to the police or the property owner as soon as possible. If you were involved in a motor vehicle accident, you should immediately notify the police. In car accidents, this may be necessary to prove the identity of the owners and the drivers of the vehicles involved, to document the names and addresses of the witnesses and any contributing road conditions. Automobile insurers often require a copy of the accident report before they will pay for any property damage.

If you were involved in a fall or other type of accident, it is important to report the incident to the commercial establishment or property owner as soon as possible so that the the accident is properly documented.

Although many insurance policies require their policy holders to report the accident to the insurance company, it is important to remember that the insurance company is not on your side. You should not give any statements or sign any papers without first consulting with your attorney.

Call your Attorney.

In addition to calling 911 and promptly seeking medical attention, the most important thing you can do after being injured in an accident is to contact an experienced personal injury lawyer. The Ben Law Firm is available 24 hours a day, 7 days a week, at (888) 3Ben-Law or by email at Injured.com, your on-line legal resource.

Obtain Witness Information.

Once you leave the accident scene, it can be difficult, if not impossible to locate the witnesses, even for an experienced private investigator. If you are able, you should try to get the name, address, and telephone number of every witness. If applicable, obtain information of any employees who may have witnessed the incident.

Take Photographs.

People recently involved in accidents often forget that their cell phone has a camera and maybe a video recorder. If possible, you should take pictures of the vehicles (such as the damage and final rest location of the cars), road conditions, conditions of the premises, conditions of the defective product and the extent of your injuries. Much of this evidence will not be available when you contact an attorney. "A picture is worth a thousand words."

Make Sure the Medical Records are Complete.

When you are at the hospital or treating with your doctor, it is important to remember that your medical records will be evidence of the damages in your case. You should provide the health care provider with a complete history of the accident, including the date it occured, and describe in detail the pain or other symptoms you were and are experiencing. Thorough medical records will probably be the strongest evidence of your injuries. If you do not provide a history of the accident or fail to tell your doctor about all of your injuries, the insurance company can use this as a basis to deny all or a part of your claim.

Preserve the Evidence.

Whether you were injured in an auto accident or other serious accident, any evidence you maintain can help your case. Keep your shoes, if you were injured in a slip and fall. If you were hurt by a defective product, keep the product or take pictures of the product. If you were injured in a car crash, keep the vehicle, take pictures of the damage, and keep copies of the receipts for any repair work. Write down everything you can remember: Memories will fade over time. You should write down everything you can remember about the accident, ranging from how the accident occurred to what the conditions of the road or surrounding area were.

If you have any questions, contact us at The Ben Law Firm. We are available to help.

Whether you were injured in Florida or somewhere else, The Ben Law Firm is committed to helping you obtain the best legal representation available. Even if the accident occurred in another state or country, we can refer you to a competent attorney in that area. Remember -- we will not charge you for consulting with us.

Toyota continues to insist at Congressional Hearings that the electronics its cars were not the cause of the sudden acceleration. Various members of a congressional panel responded that it should not be ruled out. Toyota maintains that the "stuck gas pedals" were caused by one of two problems -- misplaced floor mats and sticking accelerator pedals.

Toyota's president. Akio Toyoda, is scheduled to testify before the congressional panel and stated he took "full responsibility" for the uncertainty felt by Toyota owners. He offered his condolences to a San Diego, Calif., family who were killed in late August. "I will do everything in my power to ensure that such a tragedy never happens again," Toyoda said in prepared testimony for Wednesday's hearing to the House Government Oversight Committee. "My name is on every car. You have my personal commitment that Toyota will work vigorously and unceasingly to restore the trust of our customers," Toyoda said.

Congress is investigating Toyota's problems. Toyota has recalled more than 8 million vehicles worldwide -- more than 6 million in the United States -- since last fall because of sudden acceleration problems in multiple models, braking issues in the Prius hybrid and steering concerns in the Corollas. People with Toyotas have complained about their speeding out of control in their efforts to slow down, sometimes resulting in deadly crashes. The government has received complaints of 34 deaths linked to sudden acceleration of Toyota vehicles since 2000.

Representative, Henry Waxman, D-Calif., chairman of the full Energy and Commerce Committee, rejected Toyota's position that its electronics could not possibly be the cause and said this should have been investigated more thoroughly by the company. Waxman was also critical of the federal government saying: "Toyota failed its customers and the government neglected its responsibilities."

Congressman, Bart Stupak, of Michigan said Toyota "all but ignored pleas from consumers to examine sudden unintended acceleration events. . . .They boast in a briefing of saving Toyota $100 million by negotiating a limited recall. They claim that they first became aware of sticking pedals in late October of 2009 when in fact they had received numerous complaints many months and years earlier. . . .They misled the American public by saying that they and other independent sources had thoroughly analyzed the electronics systems and eliminated electronics as a possible cause of sudden unintended acceleration when, in fact, the only such review was a flawed study conducted by a company retained by Toyota's lawyers."

The current wave of sudden acceleration incidents involving many of Toyota's most popular models will almost certainly end up being litigating in the courts. These product liability suits will be for wrongful death and other serious personal injuries. Given the unfavorable climate surrounding Toyota, that company may be inclined to resolve these suits quickly rather than drag them out and create more unfavorable publicity.

Continue reading "Toyota denies electronics the cause safety problems" »

Leroy McGee's nightmare with Florida's criminal justice system began in 1991, when an armed robbery was committed by someone else at a Chevron gas station on Oakland Park Boulevard in Fort Lauderdale, Florida. There was not any physical evidence to place him at the scene. His time card from his job as a custodian at Fort Lauderdale High School showed that he was at work. Nevertheless, the gas station clerk picked McGee from a lineup.

Despite the overwhelming evidence that McGee was not involved with the robbery, a Broward County jury convicted him of the crime. As a result, McGee spent almost 4 years in a Florida prison for a crime he did not commit.

Leroy never gave up on his claim of innocence, even after he was released from prison. An attorney was eventually appointed to review his claim and discovered a number of shocking errors. Eventually, a Broward County judge threw out the charges and Broward County State Attorney's Office never charges refiled against Mr. McGee. Now, he is a free man not looking at the possibility of being prosecuted again.

Although McGee obviously enjoys his new freedom, it is impossible to overstate the devastation caused by the time rotting away in a prison cell. Florida law allows for compensation to wrongfully imprisoned people. But the law excludes from compensation anyone with a prior felony conviction even though that person should never have been there in the first place. Also, the law requires a claimant to jump through certain "legal hoops" which are so complicated that an attorney will typically be required to process the claim. Despite the fact that a lawyer is often required to process the claim, the act doesn't provide for attorneys' fees.

Eventually McGee was paid $179,000.00 for his wrongful imprisoment. Obviously, McGee can never be totally reimbursed for what he endured. His wife divorced him while he was in prison. He missed out on seeing his children grow up. He was never quite able to resume his job, the way it had been before the wrongful conviction. Since it is impossible for McGee to get the time back that he lost in prison, money damages is the best remedy that our legal system can provide.

Opponents of the tort system (usually corporations who stand to gain the most if they have zero responsiblity for their misconduct), have launched expensive publicity campaigns to complain about damages for "pain and suffering," as if they do not really exist. Although non-economic damages such as Leroy McGee's do not have an exact dollar amount, under the law they must be "reasonable." What is reasonable is usually determined by a jury, which should continue.

Whatever you think about a victim of a tort recovering money damages, the $179,000.00 paid to McGee under Florida law, can never begin to compensate him for the anguish he endured in prison. Advocates for tort reform, who like to cite to unusual cases as support for their position, well certainly never make mention of Leroy McGee's wrongful imprisonment or the minimal compensation he received.

Continue reading "Broward man to be paid for wrongful jail term" »

It has been said that: "Money doesn't talk . . . . it screams!" Apparently, the massive amounts of stolen funds that Scott Rothstein threw around to various people managed to create an impression of a man who appeared far more intelligent then he actually was. One example of this is found in the recent comment of the CEO of Qtask, a company which Rothstein invested $7 million of stolen investment funds with.

The Miami Herald reports that attorneys for the bankruptcy trustee for Scott Rothstein's $1.2 billion Ponzi scheme subpoenaed records from a California company, Qtask. In addition to investing millions of dollars with Qtask, Rothstein and various lawyers with his now defunct Fort Lauderdale law firm, Rothstein, Rosenfeldt and Adler, used the company's server to chat among themselves and with others. Qtask bills itself as maintaining a secure computer server designed to house confidential communications. Apparently, Rothstein was concerned about the privacy of his e-mails.

The Rothstein communications that were subpoenaed by the trustee from Qtask might disclose some of his partners in crime. Despite being subpoenaed in December,Qtask still has not produced any records, according to a motion filed in federal bankruptcy court in Fort Lauderdale, Florida, by the attorneys for the trustee.

Russel Mix, chief executive of Qtask, claims that he is trying to comply with the subpoena, but found it hard to believe that Rothstein could be so stupid as to use Qtask's system to engage in criminal chat. "If there was [illegal activity], then these would be the dumbest criminals of all time,'' Mix said. ``Whatever you put in [the Qtask server] becomes permanent.''

Mix, it appears, is attributing to this disbarred lawyer far more street smarts than he deserves. Maybe it was the $7 million Rothstein invested in his company, Qtask, that made him believe that Rothstein was something other than "dumb." Although Rothstein implemented a grandiose Ponzi scheme, it appears that his criminal plan was myopic at best. How long did Rothstein really think he could continue to make the payments that he promised to his investors when he outsourced ridiculous amounts of cash on whatever crazy idea "came across his desk?" Tens, perhaps hundreds of millions of dollars, were blown on restaurants, cigar bars, watch companies, charities, and not one, but two Bugatti automobiles -- each priced at over a million dollars.

Had Rothstein, the grand Ponzi schemer, just been a little bit more discriminating in the way he spent his newly found stolen money, he might have stayed out of the cross-hairs of law enforcement. Rothstein should have realized that he could not afford to throw away millions of dollars on any whimsy that struck his fancy, even if he could continue to find new investors for his Ponzi scheme. For appearances sake, if nothing else, Rothstein needed to maintain some semblance of cash on hand in order to continue to make the monthly payments that he promised to return to his investors. Given the number of people he duped, these payments were substantial and if these payments were even one day late, suspicion would be aroused.

At the end of the day, and contrary to what Mr. Mix apparently believes, Rothstein may well have have been one of the "dumbest white collar criminals of all time." If not "all time dumb," then at least one of the dumbest by Broward County standards. Even the most mediocre of criminal minds (and Rothstein was certainly one of them) had to be thinking about some sort of "exit strategy" or at a minimum, a way to delay detection or to flee. Unlike Bernie Madoff, however, Rothstein simply didn't have the brains to fend off discovery of his Ponzi scheme for more than just a few years.

Getting back to the communications subpoenaed from Qtask, maybe as Mr. Mix has suggested, these will all be benign and nothing new will be discovered. Then again, given Rothstein's "brilliance," he may well have been dumb enough to memorialize his scheming on the Qtask server. Only time, and the communications from Qtask, will tell.

Rothstein's ingenious escape plan was to fly to Morocco on a private Gulfstream jet, then return to South Florida where he quickly surrendered to federal authorities. He then plead guilty to five federal charges and is looking at up to 100 years in prison, which will be determined at his upcoming sentencing hearing this May. For his brief stint as the "most popular" guy in Fort Lauderdale, Rothstein will be waking up every morning for the rest of his life to the same glorious view -- the concrete walls of his jail cell.

Continue reading "Broward County's all time dumbest white collar criminal -- Scott Rothstein?" »

Michael Irvin, a star football player for the University of Miami Hurricanes during the 1980s, was accused of rape by a woman in a civil lawsuit who claimed that she was attacked at the Seminole Hard Rock Hotel & Casino in Hollywood, Florida. The lawsuit was filed in Broward Circuit Court. Irvin, an NFL Hall of Famer, grew up in Fort Lauderdale and was a wide receiver at the University of Miami before joining the Dallas Cowboys.

No criminal charges have been filed against Irvin, although the Broward County State Attorney's Office in Fort Lauderdale is currently investigating the case.

The woman in her complaint alleged the attack occurred around midnight during the early morning of July 5, 2007. The suit doesn't identify the woman, merely referring to her as "Jane Doe." Irvin, through his lawyer, has denied the charges.

In the civil complaint, the woman alleged Irvin bought her drinks, then took her to his hotel room. In the room, another unidentified man restrained her, while Irvin allegedly raped her. When Irvin was finished, the other man allegedly forced her to perform oral sex.

The woman reported the incident approximately two weeks later to the Seminole Police Department on July 20, 2007. A Tribe spokesman said that they inspected the room, but by that time there was no longer any forensic evidence or surveillance video. The woman also signed a waiver of prosecution because she wanted to avoid the publicity which would surround the charges.

The woman's lawyer claimed his client had passed a polygraph test. Her attorney also stated that his client and Irvin's lawyers had attempted to negotiate a settlement. Since the parties could not agree, the woman filed the lawsuit just days before the Super Bowl was to be played in South Florida.

Polygraph tests are not admissable in court unless both parties agree, which usually does not happen. These tests are still viewed as being unreliable because they are subject to manipulation, although they are frequently administered by police during the investigation of crimes.

The civil lawsuit against Michael Irvin also serves to highlight the difference between the criminal court and civil court systems. In criminal court, a defendant is facing a loss of liberty, i.e. jail time, perhaps even the death penalty. In a civil case, the defendant in the event of losing, is looking merely at adverse financial consequences in the form of a civil judgment for money damages.

Victims of sexual assaults have the right to make a claim in civil court for money damages sustained as a result of the attack. Such damages frequently include medical expenses as well as claims for "pain and suffering." The emotional damages to victims of sexual assaults can be devastating and if the evidence warrants, juries in civil cases frequently award substantial verdicts for these types of claims.

A difficult aspect of sexual assault claims in civil cases is collecting money on a judgment that has been awarded. Typically, the perpetrators of these terrible crimes do not have the money to pay off the judgment, making many of these lawsuits economically unfeasible. There are situations, however, where a judgment for money damages may be collectible such as where the location of the attack did not have adequate security, then the property owner may be liable. Also, where the defendant who is alleged to have committed the assault has substantial financial assets such as a professional athlete or wealthy business man, these cases may prove to be "collectible."

Continue reading "Former Miami Hurricane accused of rape" »

Toyota announced that it is recalling 2.3 million vehicles in the United States to correct problems with its accelerator pedals that can become stuck. These cars were sold nationwide, many in Miami and Fort Lauderdale, Florida.

The recall affects the 2009-2010 RAV4, the 2009-2010 Corolla, the 2009-2010 Matrix, the 2005-2010 Avalon, the 2007-2010 Camry, the 2010 Highlander, the 2007-2010 Tundra and the 2008-2010 Sequoia. The attached announcement from Toyotal answers some of the questions concerning these models.

Toyota previously recalled 4.2 million vehicles over concerns that accelerator pedals could become lodged under floor mats, causing sudden acceleration. That problem was blamed for several crashes, including an accident involving a Lexus that accelerated to more than 120 mph before crashing in San Diego, killing four people.

Toyota said this latest recall is due to potential problems with the actual gas pedal mechanism itself, causing the accelerator to become stuck regardless of whether the vehicle contains a floor mat. Toyota said in certain rare cases, the gas pedal mechanism wears down, causing the accelerator to become harder to press, slower to return or, in some cases, stuck.

Toyota said the problem appeared to be related to the potential build-up of condensation on sliding surfaces in the accelerator system that helps drivers push down or release the gas pedal. Toyota, however, did not announce the solution for this problem.

The National Highway Traffic Safety Administration said in a statement that the problem represents a serious safety issue and tnat immediate action should be taken.

Problems with gas pedals that "stick" for no apparent reason are often referred to as "unintended acceleration." It is not too hard to imagine the out-of-control situations which can result when an automobile continues to accelerate no matter what the driver does to the gas pedal. The bottom line: a car traveling at a high rate of speed without the ability to slow down or stop, will eventually become involved in an accident.

In these types of situation, the car's driver and passenger may suffer significant injuries or death. Florida law allows for product liability lawsuits against an automobile manufacturer where the defect is one that could have been prevented by the manufacturer during the design or manufacture of the car. Such lawsuits freqently involve catastrophic medical injuries or wrongful death.

Continue reading "Toyota issues nationwide recall of cars to fix gas pedal, including Florida sales" »