Miami Injury Lawyer Blog

Polo mogul John Goodman was released from Palm Beach County Jail on Friday pending his appeal of a 16-year prison sentence following his DUI manslaughter conviction earlier this year. At trial, Goodman was accused of driving his Bentley while intoxicated, speeding, failing to stop at a stop sign, and colliding with a vehicle driven by 23-year-old Scott Wilson in 2010. As a result of the crash, Wilson’s Hyundai landed upside down in a nearby drainage canal. Goodman reportedly fled the scene of the car accident and failed to notify authorities about the crash for several hours. Meanwhile, Wilson drowned in his vehicle.

Goodman has been in custody at the jail since he was convicted in March. He was required to post a $7 million cash bond prior to being released. Goodman is also required to be within 100 feet of an off-duty deputy at any given time. Goodman must pay two off-duty officers approximately $1,000 per day while he is out on bond. One guard will apparently remain at his Wellington residence while the other will remain at his place of business, the International Polo Club Palm Beach. Prior to his release, Goodman agreed to a judge’s order that he stay away from the Wellington social scene and refrain from attending any polo matches, parties, or charity events. Further details regarding Goodman’s release from the county jail will reportedly be negotiated at a hearing scheduled to take place next week.

Goodman’s case made headlines last fall when he attempted to legally adopt his adult girlfriend, Heather Hutchins, while fighting a wrongful death lawsuit brought by Wilson’s parents. Although the adoption has not yet been legally recognized, Goodman will reportedly be taken back into custody if Hutchins attempts to access any of the money in his children’s $300 million trust fund.

Despite that Goodman posted a $7 million bond for his release, his attorney stated Goodman is now financially insolvent. He also said Goodman’s siblings actually posted the bond, which will be held by the County Clerk in a non-interest bearing account until it is either forfeited or returned. Goodman is reportedly appealing his DUI manslaughter conviction based on alleged juror misconduct as well as other grounds. If you tragically lost a loved one in an automobile crash with a drunk driver, you should contact a capable Florida wrongful death lawyer to discuss your case.

Continue reading " Convicted Polo Magnate Released from Palm Beach County Jail on $7 Million Bond " »

A recent investigation by the Miami Herald revealed that many assisted-living facilities are allegedly ignoring a Florida law designed to protect residents. The 1980 Resident Bill of Rights was enacted to protect elderly and mentally ill care facility residents who sought an alternative to traditional nursing homes. Florida’s Agency for Health Care Administration (AHCA) is responsible for monitoring the state’s 2,850 assisted care facilities. According to the newspaper, the Agency frequently failed to take action against assisted-living facilities despite police and inspector reports that residents were being denied basic needs.

For example, Bruce Hall, the owner of a Washington County facility, was directed by the Agency to sell the Sunshine Acres Loving Care facility only after neighbors organized to put pressure on the AHCA. Despite that the facility received more than 100 violations in 14 years and the owner allegedly threatened inspectors on more than one occasion, Hall was still provided with a one year grace period in order to secure a purchaser for the facility.

The Miami Herald reportedly found that as Florida’s elderly population grew, the level of care and state oversight at assisted-living facilities declined. To illustrate, although 550 new nursing homes opened in Florida during the last five years, the number of state inspections declined by 33 percent. Additionally, the newspaper reported that although assisted-living facility violations such as the use of illegal restraints are common, the resulting fines that are issued by the Agency are often decreased or waived. Despite a large number of allegedly serious care facility violations, Florida has closed only seven assisted-living facilities during the last two years.

According to the Miami Herald, unsafe conditions at a number of facilities has prompted several government agencies to cut funding to particular assisted-living facilities the AHCA has allowed to remain open. The Mental Health Project out of Miami-Dade Court reportedly will not allow the individuals it serves to stay at the All America ACLF, where a 71-year-old-mentally ill resident died in 2006 as a result of scalding burns after being left unattended in a bathtub. Although the facility was allegedly cited by the AHCA more than 100 times since the incident, it is still licensed and open. The Agency for Persons with Disabilities also reportedly cut all funding to the Hillandale ALF after it was accused of punishing the mentally ill by locking them away in closets.

The Miami Herald claims the AHCA rarely imposes the maximum fine allowed on assisted-living facilities that violate Florida law. In 2009, the Agency imposed only $650,000 in fines despite that the Florida Legislature expanded the AHCA’s power to fine care facilities in the same year. According to the AHCA, the Agency’s goal is not to punish facilities but instead to encourage compliance with state law. Penalties such as fines are reportedly only used as secondary enforcement measures. The AHCA also stated it will only consider revoking a care facility’s license as a last resort. First, other solutions are examined and explored on a case-by-case basis.

Assisted-living facility abuse and neglect cases are often the result of unqualified or improperly trained staff. Unfortunately, the signs of care facility abuse are not always easy to identify. Residents may experience a loss of appetite, depression, and more frequent accidents. An abused assisted-living facility resident may also complain about the treatment they are receiving. All complaints regarding assisted-living facility abuse or neglect should be taken seriously. If you suspect a family member or friend may be the victim of abuse at the hands of those tasked with their care, you should speak with a qualified Florida nursing home abuse and neglect attorney to help you protect your loved one's rights.

Continue reading " Abuse and Neglect in Florida’s Assisted-Living Facilities " »

Miguel Angel Rocafort was taking an early morning bike ride, when a hit and run driver struck his bicycle sending him to Kendall Regional trauma center. Rocafort was treated for multiple fractures and other injuries. He was sent home from the hospital, and was told he would be able to resume normal life and even ride a bike again. However, the night after he was released, a pulmonary embolism caused him to have severe leg pain and he was taken to Baptist Hospital, where he eventually died.

According to the Miami Herald, TransitMiami.com has several reports which indicate that serious injuries to pedestrians and cyclists are very common throughout Miami Dade. Transit Miami writer Craig Chester refers to these incidents as a crisis in the arena of Public Safety which has gone under the radar. The city must do more to protect hostile motorists from endangering the lives of cyclists and pedestrians.

Often times, the drivers of hit and run car or bicycle accidents flee the scene because they know they did something terribly wrong, and are afraid of the consequences. According to the National Highway Traffic Safety Administration, one out of every 5 pedestrian accidents which result in death, is due to a hit and run driver. Especially, in a metropolitan city like Miami where there are an abundance of unlicensed or illegal drivers, hit and runs are on the rise.

Due to the strict penalties associated with drinking and driving, people often flee the scene after causing an accident. These people realize, that if they buy themselves time, and are able to sober up, before they are located, the penalties will be much less. In reality, this is a serious loophole in the system that needs attention and a call to action.

Law enforcement needs to protect citizens from hit and run drivers through sobriety check points, public enforcement campaigns and using video surveillance on the roads. The number of hit and run accidents in the city of Miami is a growing phenomenon. Personal injury attorneys at Gerson & Schwartz have recovered damages in the millions for cases where a bicyclist, motorcyclist, or pedestrian was seriously or fatally injured, due to the negligence of a driver who did not obey the traffic laws, and fled the scene of an accident.

Contact the law offices of Gerson & Schwartz, PA today for a free consultation, (305)371-6000 info@gslawusa.com ,if you have been injured or if your family member has been the victim of a hit and run bicycle or automobile accident involving a fatality or wrongful death.
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In the early morning hours today, two men were injured at Spotlight nightclub in Hialeah, Florida, after a fight ensued and gun shots were fired. Currently, two people are at Jackson Memorial Hospital. A third man was arrested and taken into custody by police. The shooting occurred at East 25th St. between 6th Ave. and 8th Ave. According to Detective Eddie Rodriguez, an investigation is underway and the streets will not be opened until noon today in the area.

Attorneys at Gerson & Schwartz, PA handle cases for crime victims who have been injured in night clubs or bars due to negligent security. The firm has 40 years of experience and expertise in the area of security negligence and premises liability. They have recovered jury awards in the millions for their clients. The attorneys at Gerson & Schwartz, PA are highly specialized at handling cases, where security personnel is at fault for not protecting its patrons from forseable and preventable injuries. If you or someone you know has been the victim of an accident or a crime at a public place, contact the Law Offices of Gerson & Schwartz today for a free consultation.
(305)371-6000 or info@gslawusa.com

On Friday, April 27, 2012 Governor Rick Scott signed into law a bill requiring anyone who suspects a case of child sexual abuse to report it to law enforcement. The Protection of Vulnerable Persons law will take effect on October 1, 2012, giving Florida the harshest mandatory requirements for reporting sexual abuse in the nation. Specifically, this bill requires that all colleges and universities adhere to stringent reporting criteria for all sex abuse violations that have taken place on their campuses.

Violations wherein a teacher, administrator, coach or any other school employee who does not “willfully or knowingly” report suspected abuse could result in serious fines and lead to criminal charges. Prior to this law, only a parent or caregiver was required to report suspected abuse. This led to an extraordinarily high number of unreported incidents and created a silence within our culture regarding sexual abuse of children. In addition, to a mandatory obligation to report any suspicion of child sexual abuse, criminal charges have also been increased from misdemeanor to third degree felony charges.

Department of Children and Families (DCF) will conduct time sensitive investigations of anyone who neglects to report child abuse. Under the new law, the State Attorney’s office will now review the actions of all school board employees, who employ anyone who is suspected of withholding information regarding a victim of child sexual abuse. Hopefully, the addition of increased fines, which can be up to $1,000,000 for any public college or university whose administration fails to report child abuse, is a step in the right direction for eradicating child sexual abuse at schools or on college campuses, and in the world at large.

In America today, it is estimated that there are 60 to 80 million survivors of sexual abuse. Many of these cases have taken place on college campuses and at public and private schools for elementary, middle, and high school aged children. Anyone who does not report abuse, under this new legislation could face up to 15 years in prison and a potential fine of $1,000 to $5,000.

In total, 4 new bills were signed into law and $1.5 million dollars for the relocation of sexual violence victims was set aside. New, steeper penalties for those involved in child prostitution were allocated for unreported crimes. While, funding for 47 additional staff members at the Department of Children and Families was authorized.

If you or anyone you know has been a victim of child sexual abuse, contact the offices of Gerson & Schwartz today, so we can help report this abuse with you. Our law firm has worked passionately on child sexual abuse cases for over 40 years in the Miami Dade County are, as well as throughout the state of Florida. We continue to pursue justice for victims through our connections and close relationships with crime victim organizations to aid families in abusive situations. our mission is to represent children and families, regardless of whether or not they are filing a law suit. At Gerson & Schwartz, we are dedicated lawyers, who professionally and continually recover damages for families who cannot fight for themselves.

We will continue our work in protecting the most innocent victims, our nation’s children, from sexual violence and abuse.
Call our offices today (305)371-6000 or email us at info@gslawusa.com
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