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]

 

 

Wrongful Death suit filed in Collapse of Tent

A wrongful death law suit has been filed when a tent collapsed on a man at an event in Chicago, Illinois, after inclement weather moved in.

The storm approached the event with high winds and the organizers of the Wood Dale Priar Festival directed the attendees to take shelter under a tent which was improperly secured. The victim was 35 years old and was killed when the main pole of the tent fell on him.  In addition, 22 others were hurt.

In addition to the company organizing the event, the companies that managed the vent and rented the tent to the festival have also been sued.

In Fort Lauderdale, young party goers were injured when a bounce house on the beach lost its moorings and blew away in gale force winds.

Tents and other temporary structures used for events such as birthday parties have the potential to become unsafe in the event that a storm with high winds and rain moves in.  This type of weather change is not uncommon in South Florida. A lot of times, bounce houses and tents are assembled by companies who lease out this equipment and these temporary structures are not properly secured to withstand this.  Should this occur, the consequences can be devastating.

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]

 

 

 

 

Roofing contractor in Vikings Stadium Death had prior safety issues

According to public records, Berwald Roofing Co., the roofing subcontractor involved in a fatal accident at the Minnesota Vikings stadium construction site has received 9 citations for worksite safety violations in the past 5 years.

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A roofer working for the Berwald Roofing Company died after he fell of the Minnesota Vikings Stadium which was undergoing roofing work. Previously, Berwald,  had received a number of citations for its safety practices, such as failing to to use safety harnesses for workers roofs according to records.

Eugene Berwald of Berwald Roofing, asserted that his company encouraged safe work practices, but that “People do foolish things. They don’t hook up their lanyards,” Berwald. Mr. Berwald was not aware of whether the employee who fell to his death was wearing a safety lanyard.

 

Roofing Accidents can be Catastrophic

 

Roofing accidents frequently involve serious injuries when workers fall.  It is imperative for roofing contractors to provide their workers with the best safety equipment available.  Unfortunately, this may not always be the case and falls from roof tops can be catastrophic.

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]

Miami Heat dancer’s death involved driver who had been drinking

19160888_7a1751dd08-thumb-333x249Miami television news station, Channel 4, reports that the driver of the car that struck a motorcyclist in east Fort Lauderdale which resulted in the death of a Miami Heat dancer stated to police that he had consumed two alcoholic drinks.

Channel 4 was able to access the search warrant filed in Broward County court which stated the driver, Mario Careaga of Fort Lauderdale, advised the police that he had the drinks at the Galeria Mall in Fort Lauderdale. The accident occurred near downtown Fort Lauderdale. So far no criminal charges have been filed against Careaga.

Police records state that Careaga was driving his 2009 Mercedes when he struck Miami Heat dancer, 22, of Plantation, who was riding a motorcycle near downtown Fort Lauderdale. The motorcylist had been heading west in the right lane on East Sunrise Boulevard, near North Federal Highway, in Fort Lauderdale, when Careaga’s car rear-ended the motorcycle, propelling Lopez-Ruiz off it.

This case raises a number of issues from the standpoint of filing criminal charges against the driver. One of the potential issues in any criminally prosecution which might be pursued against the driver of the automobile is whether he was under the influence of alcohol or a narcotic. Usually, two drinks do not contain enough alcohol to impair a driver’s faculties. However, drivers suspected of DUI frequently understate the amount of alcohol consumed in an attempt to minimize their potential criminal exposure.

In situations like this other evidence may come into play, such as a blood alcohol test or a breathalyzer test to determine whether the level of alcohol in the driver’s blood exceeded the legal limit. There may also be a video of the driver performing roadside tests administered by the police or even a video from the bar where he apparently admits to have been drinking. Likewise his tab at the bar may also reveal how many drinks were ordered.

On the other hand, this could simply be the case of a non-impaired driver who simply wasn’t paying attention and may have negligently rear-ended the victim. It will be the responsibility of the Broward County State Attorney’s office to sort all of this out.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale personal 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.

Uninsured Motorist Coverage — Florida Supreme Court requires signed rejection from all named insureds

Insurance Policy, Life; Health, car, travel, for background

The Florida Supreme Court in Chase v. Horace Mann Ins. Co., 158 So.3d 514 (Fla. 2015), recently required automobile insurance companies to obtain a signed rejection from each person who is newly listed as a named insured under a policy of uninsured motorist coverage.

Uninsured/Undersinsured Motorist Coverage, frequently referred to as UM/UIM coverage applies in the event an insured is injured by a motorist who does not have liability coverage, or who who does not have a sufficient amount of liability coverage, to compensate the named insured for the damages sustained. UM/UIM coverage is particularly important in South Florida where a significant portion of the drivers on the road fail to purchase any liability coverage and therefore makes it difficult, if not impossible, to recover from them in the event they are responsible for an accident involving injuries.

Because UM/UIM is considered to be important coverage for Florida drivers, our legislature has mandated that when an insurance carrier initially sells a policy of automobile insurance coverage, it must notify the insured that he has the right to purchase, as an additional option, UM/UIM coverage from the carrier. If the insured elects not to purchase this coverage, a written rejection must be signed. In the event that the carrier fails to obtain this signed rejection, then the carrier will be responsible for UM/UIM coverage even if the insured fails to purchase this coverage.

In this case the insured was not originally named on the policy. Later, the policy was reissued with her as named insured, but a signed rejection was never signed from this person. Following a horrible accident, the insurance company, Horace Mann Ins. Co., denied UM/UIM coverage and a lawsuit ensured. The case was appealed up to the Florida Supreme Court which ruled that because the policy was reissued with an additional named insured, a signed rejection had to be obtained from that person. Since none was obtained, the court found that there was UM/UIM coverage for that person.

One of the lessons to be learned from this case for persons purchasing automobile insurance is that they need to understand what types of insurance coverage they are purchasing from their agent and what they are signing. Florida law only requires that the owner of a car purchase only PIP coverage and property damage. This bare minimum is frequently referred by agents as “full coverage.” In reality this anything but.

Every purchaser of automobile insurance needs to carefully consider purchasing UM/UIM coverage because this may be their only insurance coverage for their injuries in the event that they are involved in an accident. They also should make sure they understand what forms they are signing when an insurance agent hands a paper to them and tells them to sign it — particularly when it is a UM rejection form.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale, Florida, personal 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.

Motorcyclist killed in Pompano Beach accident

moto-totalmente-destruida-acidente-thumb-333x249-85737 A motorcylist on a Suzuki was killed after his motorcycle collided with a van in Pompano Beach. According to BSO the motorcyclist was driving west on Sample Road when he collided with a van heading the opposite way which turned left into a parking lot. Deputies said the motorcyclist was thrown at least 100 feet.

Witnesses who saw the accident believed the motorcycle was travelling faster than the 45 mph speed limit. .

A nearby store’s security cameras captured the accident, and show the motorcycle going at high speed, then slamming into the van. The impact was so great that the van was lifted on one side and the motorcyclist flew into the air and the bike was destroyed. So far, no charges have been filed against the driver of the van.

Deadly motorcycle accidents frequently occur when traffic headed in the opposite direction of the motorcycle makes a left turn into the motorcycle’s lane of travel. Of course, factors like the speed of the motorcycle are an issue in determining the driver’s negligence. Nonetheless, if you are riding a motorcycle, it is a good idea to pay extra attention to oncoming traffic and to try to anticipate whether someone will be attempting to make a left turn.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale, Florida, personal 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.

Car drivers cause most crashes with motorcycles, study finds

motor-cycle-accident-thumb-333x222-83442Cars and motorcycles are often involved in collisions. Drivers blame the bikers and bikers blame the drivers. According to a recent Florida Department of Transportation study, the drivers of cars are more often in the wrong. Drivers of cars and trucks often do not see motorcycles are and fail to yield the right of way.

Chanyoung Lee, a researcher at the University of South Florida, studied accident reports in Florida for ten years found that 60 percent of the time motorists in other vehicles are at fault when they collide with motorcycles. “There’s a bias by people driving,” Lee said. “They don’t expect to see motorcycles.”

But according to Lee, the drivers of automobiles are not solely to blame. Bikers are responsible as well. Motorcycles, according to Lee, are involved in a higher number of single-vehicle crashes than cars. That is, bikers crash on their own without other vehicles involved. Many of those single-vehicle motorcycle crashes occur when bikers are navigating curves too fast.

Serious crashes occur when other vehicles making a left turn, pull in front of motorcycles that are going straight. The problem is people in cars and trucks fail to see motorcycles. That’s partly because they have smaller profiles. Likewise, the bikers need to be as focused as possible when traveling through intersections. “If you’re aware of it, you see it,” Lee said.

The FDOT has been advocating for several years: Look Twice for Motorcycles. Likewise bikers should also be looking twice and be more visible to cars.

With over 50 years of collective service to the South Florida community, the Hollywood, Florida, personal 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.

Good News for South Florida — Seniors are Better Drivers

old-driver1-thumb-333x206-82168Safety researchers expressed concern a decade ago that traffic accidents would increase as the nation’s aging population swelled the number of older drivers on the road. Now, they say they’ve been proved wrong.

Today’s drivers aged 70 and older are less likely to be involved in crashes than previous generations and are less likely to be killed or seriously injured if they do crash, according to a study released last week by the Insurance Institute for Highway Safety.

That’s because vehicles are getting safer and seniors are generally getting healthier, the institute said.

The marked shift began taking hold in the mid-1990s and indicates that growing ranks of aging drivers as baby boomers head into their retirement years aren’t making U.S. roads deadlier.

Traffic fatalities overall in the U.S. have declined to levels not seen since the late 1940s, and accident rates have come down for other drivers as well. But since 1997, older drivers have enjoyed bigger declines as measured by both fatal crash rates per driver and per vehicle miles driven than middle-age drivers, defined in the study as ages 35 to 54.

From 1997 to 2012, fatal crash rates per licensed driver fell 42 percent for older drivers and 30 percent for middle-age ones, the study found. Looking at vehicle miles traveled, fatal crash rates fell 39 percent for older drivers and 26 percent for middle-age ones from 1995 to 2008.

The greatest rate of decline was among drivers age 80 and over, nearly twice that of middle-age drivers and drivers ages 70 to 74.

“This should help ease fears that aging baby boomers are a safety threat,” said Anne McCartt, the institute’s senior vice president for research and co-author of the study.

“No matter how we looked at the fatal crash data for this age group – by licensed drivers or miles driven – the fatal crash involvement rates for drivers 70 and older declined, and did so at a faster pace than the rates for drivers ages 35 to 54,” she said in a report on the study’s results.

At the same time, older drivers are putting more miles on the odometer than they used to, although they’re still driving fewer miles a year than middle-aged drivers. This is especially true for drivers 75 and older, who lifted their average annual mileage by more than 50 percent from 1995 to 2008.

“The fact that older drivers increased their average mileage … may indicate that they are remaining physically and mentally comfortable with driving tasks,” the institute said. When older drivers reduce the number of trips they take, it’s often because they sense their driving skills are eroding. They compensate by driving less at night, during rush hour, in bad weather or over long distances.

By 2050, the number of people in the U.S. age 70 and older is expected to reach 64 million, or about 16 percent of the population. In 2012, there were 29 million people in the U.S. age 70 and over, or 9 percent of the population.

“The main point is that these 70-80 year olds are really different than their predecessors,” said Alan Pisarski, author of the authoritative “Commuting in America” series of reports on driving trends. “They learned to drive in a very different era. They are far more comfortable driving in freeway situations. This matters immensely for the future because we are seeing dramatic increases in older workers staying in the labor force and continuing to work and commute well past 65.”

AARP, the association that represents older Americans, said the report “dispels common misconceptions and reveals positive trends related to older drivers.”

With over 50 years of collective service to the South Florida community, the Hollywood, Florida, personal 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.

Speeding Ferrari kills one, injures two others, and driver flees

ferrari-f430-scuderia-spider-16m-04-thumb-333x249-78464The driver of a Ferrari caused another car to rollover with the tragic result that one person is dead and another severely injured. The hit and run occurred on I-75, near Hialeah. After the high speed impact, both cars were disabled and the driver of the Ferrari fled on foot. Troopers say the other car flipped serval times and came to rest on the median.

Needless to say a Ferrari (even in South Florida), is a car that stands out. This one appears to a 2009 Ferrari, 430 Scuderia model, authorities say.

Hopefully, someone will know the driver and/or owner of this car because it is highly unusual and attracts attention.

With over 50 years of collective service to the South Florida community, the Hollywood, Florida, personal 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.