Articles Posted in Serious Injury

Victims who suffer amputation injuries often face a lifetime of constant struggles and challenges when trying to perform daily activities. Seeking financial compensation to cover the costs and financial losses related to your amputation injuries shouldn’t be one of them. This is why it is critical to speak with a licensed lawyer about your amputation injury claim. Serious injury law can often involve complex details that can be difficult to manage without the help of an experienced legal professional. 

The law firm of Frankl Kominsky Injury Lawyers offers free, initial claim evaluations for amputation injury victims throughout the West Palm Beach area (by appointment only). We require no obligations to discuss whether your claim may be eligible for financial compensation. 

Our knowledgeable attorneys have been working with serious injury law cases for more than 40 years combined. Our goal is to help injury victims hold negligent parties liable for damages such as medical expenses, loss of wages, pain and suffering, and property damages. 

Spinal cord injuries can sometimes have debilitating effects that could lead to temporary or permanent mobility issues, disabilities, neurological issues, and excruciating pain and suffering. Accident victims who sustain severe spinal cord damage could require a lifetime of medical treatments, including physical therapy, rehabilitation, speech therapy, psychological care, and at-home care. This is why it is critical to quickly identify the common symptoms often associated with a spinal cord injury.

If you or someone you love sustained a spinal cord injury in an accident caused by the negligence of another in the Boynton Beach area, financial compensation could be available to cover your damages. Call Frankl Kominsky Injury Lawyers at (561) 800-8000 to learn your rights to seek funds to pay for your medical bills, pain and suffering, lost income if you missed work, and property damage. Our reputable firm is dedicated to protecting the rights of injury victims in the Boynton Beach area and throughout the state of Florida (by appointment). Set up a complimentary, first-time evaluation with a licensed lawyer from our firm today, so you can pursue the full amount of compensation you may legally deserve. 

Our seasoned attorneys have more than four decades of combined legal experience working with serious injury law, which includes cases involving spinal cord injuries. Having a trustworthy lawyer from our firm on your side means your rights to seek the full amount of financial compensation are protected. If your spinal cord injury claim has merit, we could help investigate the details of the incident and negotiate with insurers on your behalf to seek the funds you may need to make a full recovery.

Although it is possible to recover from a mild spinal cord injury, severe damage to the area around the spinal canal could be permanent, depending on the particular location and severity of the damages. Having adequate funds for medical care and rehabilitative treatments may be necessary to ensure optimum health and financial well-being. Inquiring with a licensed attorney who has experience working with serious injury law, is highly recommended to pursue the rightful amount of financial support you may legally deserve to cover the costs associated with your spinal cord injury. 

The legal team at Frankl Kominsky Injury Lawyers understands the difficulties spinal cord injury victims and their families face, especially when the injuries are long-term or permanent. Let our reputable staff help answer any legal questions you may have regarding our spinal cord injury claim. We offer free, first-time claim reviews and there is no obligation required if you decide not to move forward.

Read on to learn more about spinal cord injuries and why many of them end up becoming permanent. Keep in mind that seeking financial compensation for a permanent injury could be drastically different from a case involving a temporary one. This is why we urge you to speak to a qualified legal professional if you sustained a spinal cord injury that may be considered permanent. 

If you or a loved one was injured in an accident, you may be wondering whether your injury is serious enough to file a personal injury claim. Regardless of the severity of your injury, you should always undergo a medical evaluation by a medical professional and consider speaking with a licensed attorney about the accident, especially if it was caused by the negligence of another party. There are many benefits to discussing your situation with a legal professional, even if you think your injury is not that severe. 

At Frankl Kominsky Injury Lawyers, we offer free, first-time injury claim evaluations for accident victims in Boca Raton and the surrounding areas (by appointment only). Call our firm anytime, day or night, as our phone lines are open 24 hours a day, 7 days a week. During your complimentary, initial claim evaluation, we can help determine whether you may be eligible for financial compensation to pay for your injuries and any other damages or financial losses related to the incident, such as lost wages and benefits from missing work and property damage. 

Continue reading to learn what is considered a serious injury according to personal injury law in the state of Florida. Knowing how serious injury law works in Florida could help you understand your legal rights to seek financial compensation, so you can avoid paying for your own damages out-of-pocket.

It is important to understand the difference between a minor car accident case and one that involves a serious personal injury in Florida. While other states may have similar laws regarding car crash injuries, Florida laws have specific requirements that determine whether a car accident injury is classified as a serious one. This is why it is important to speak with a licensed lawyer about your Pompano Beach car accident injury claim (by appointment).

If you or someone you care about was injured in a car crash, contact the law office of Frankl Kominsky Injury Lawyers to discuss your accident claim in a no-cost, initial evaluation. Our accomplished attorneys have a wealth of legal knowledge, which includes four decades of combined legal experience. Let our attorneys help you learn your legal options, so you can pursue the full and fair amount of compensation you may legally deserve.

Below, we explain how the state of Florida defines serious injury law and what is required to file a car accident claim to pursue financial compensation. Knowing this information could help you make the right decision on whether you have the right to file a claim for damages.

A Florida high-rise building collapse on Thursday morning killed at least ten people, injured 11, and it is being reported that 151 individuals are still missing. Officials said 102 people have been accounted for as rescue efforts continued into the night.

The devastation occurred at the Champlain Towers South condominium, which is located in the Surfside City section of Miami. The partially crumbled building is located on the corners of Collins Ave. and 88th Street, which is only seven miles north of the famed tourist destination known as South Beach. Miami-Dade County Mayor Daniella Levine Cava, said the building was 12 stories high and housed over 130 units. The part of the building that fell held 55 units. 

If you are trying to contact a loved one who may have been involved in the collapse, a family reunification center has been set up at 9301 Collins Ave. You can also call the emergency hotline at (305) 614-1819 if you are having trouble locating a missing family member.  

Sustaining a serious spinal cord injury can often have debilitating effects on individuals and their families. Severe spinal cord damage could cause victims to suffer long-term ailments, which can sometimes be permanent. Victims have been known to suffer from a multitude of health problems and disabilities, such as chronic pain, mobility issues, and paralysis. 

Besides dealing with the stress and difficulties of a painful recovery process, victims who suffer a serious spinal cord injury are often left with hefty medical bills that may not be covered by insurance. In addition, lost income from missing work during your recovery could leave you not knowing where to turn. If your spinal cord injury was sustained in an accident that was the result of another’s negligence, you could be eligible to seek financial compensation. Discussing your spinal cord injury claim with a licensed lawyer may be crucial to pursue the adequate funds you need for a strong recovery. 

At the law office of Frank & Kominsky, our award-winning attorneys have in-depth knowledge and experience working with serious injury law, including cases involving spinal cord injuries. We offer complimentary, first-time evaluations to spinal cord injury victims to discuss their unique situations with no obligation to proceed through the legal process.

Under the common law, collateral source evidence was generally inadmissible for both determinations of liability and damages. Finding that this rule promoted double recovery in certain instances, the Florida legislature abrogated this rule in the 1980s and adopted the current set-off rule, which requires a trial court, with certain exceptions, to reduce a damages award by “the total of all amounts which have been paid for the benefit of the claimant, or which are otherwise available to the claimant, from all collateral sources.”  Fla. Stat. § 768.76 (1). Although the collateral source rule was abrogated with respect to damages, Florida courts have found the impact of the rule limited with respect to the evidence admissible to a jury for making a determination of liability. However, the Florida Supreme Court articulated one major expectation to the common law collateral source rule in Fla. Physician’s Ins. Reciprocal v. Stanley, 452 So. 2d 514 (Fla. 1984). In Stanley, the court held that “evidence of free or low cost services from governmental or [charities] available to anyone with specific disabilities is admissible on the issue of future damages.” Given the uniqueness of this rule, Florida courts have after struggled with its application and, in many cases, limited it to the particular facts. For example, the Supreme Court of Florida was once again called upon to grapple with the scope of Stanley in Joerg v. State Farm Mutual Auto. Ins. Co.

The facts underlying Joerg are quite unfortunate. The plaintiff in this case was a developmentally disabled adult who was struck by a car while riding his bicycle in November 2007. The plaintiff had lived with his parents for his entire life and had never been employed. Following this accident, the plaintiff brought a negligence suit against the driver of the other vehicle and his personal uninsured motorist insurer, State Farm Mutual. Prior to trial, the plaintiff filed a motion to limit introduction of evidence about collateral sources, including benefits under Medicare and Medicaid. The trial court ultimately ruled that the insurer could introduce evidence of “future medical bills for specific treatments that are available . . . to all citizens regardless of wealth or status” but that evidence of future Medicare and Medicaid payments could not be introduced. The insurer appealed, and the Second District Court of Appeal affirmed the trial court ruling, except finding that the future Medicare payments should not have been excluded under the collateral source rule. An appeal to the Florida Supreme Court followed.

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Many South Floridians understand that pools come with risks. Indeed, pool owners are  very aware of the dangers associated with falls and drowning. Notwithstanding the importance of these commonplace risks, the pool-related injury at issue in a recent product liability decision from Florida’s Third District Court of Appeal, Dominguez v. Hayward Indus., Inc., was certainly not of a kind anyone would anticipate.

Dominguez arose from the unexpected explosion of a pool filter, which occurred in November 2012. At the time of the explosion, one plaintiff in this case was near the pool, which had been completed in 1999, and he sustained head injuries. He and his wife brought suit against the manufacturer/distributor of the filter, the company that installed the pool and acted as a distributor of the filter, and the pool contractor. The plaintiff asserted claims for strict product liability and negligence against the first two defendants and negligence claims against all of the defendants. The plaintiffs also asserted a loss of consortium claim. The trial court ultimately granted a final judgment in the defendants’ favor, and the plaintiff then filed this appeal.

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In a recent and interesting decision, School Board of Miami-Dade County v. Martinez-Oller, Florida’s Third District Court of Appeal addressed whether a high school principal was negligent for failing to disclose a student’s poor disciplinary record to one of her teachers who witnessed an attack perpetrated by that student against another. In an unanimous decision, the Third District determined that the principal did not owe a duty of care to disseminate the student’s disciplinary records, and thus the principal and the school could not be deemed negligent.

The altercation at issue in the case occurred on March 22, 2010. The students were in a world history class when one student directed opprobrious language at another. Insulted, the student hurled an eight-pound textbook at the other. The book made contact with the other student and fractured his eye socket. The teacher was only about three feet away from the students when the incident happened, but the teacher didn’t hear the triggering language. A little more than a year later, the injured student, by and through his parents, brought suit against the school district. The plaintiff asserted claims sounding in negligent supervision, arguing that the principal had a duty to report the attacker’s previous disciplinary incidents to teachers. Under federal law, a student’s educational records, including disciplinary records, are entitled to privacy but may be disclosed to teachers if there is a “legitimate educational interest.” Under Florida law, disciplinary records are maintained at the school but are only accessible to the principal and vice principal unless there is a legitimate educational interest determination made authorizing their dissemination. Although no determination had been made, the trial court had directed a verdict with respect to the issue of whether the principal and, by extension, the school district owed a duty to disclose the student’s prior disciplinary issues to her teachers. The jury was instructed on this and further instructed that the only issue remaining for its determination was whether harm to the injured student was “caused” by the school’s failure to disseminate these records.

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