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Monthly Archives: February 2020

Can I file a wrongful death claim for the loss of my husband, even if the other driver wasn’t arrested under a criminal charge?

By David M. Benenfeld, P.A. |

If a driver’s recklessness and negligence claimed the life of your husband, you may be able to pursue a wrongful death claim. A driver doesn’t have to be arrested on a criminal charge for you to pursue a civil suit for wrongful death. The only thing that has to be proven is that the… Read More »

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How common of a problem is sexual abuse in Florida nursing homes?

By David M. Benenfeld, P.A. |

According to a recent study by researchers at Cornell University, one in five nursing home residents were abused by other residents in some form, such as physical abuse, verbal abuse, and sexual abuse. Out of those abused by other residents, one percent were sexually abused at the hands of other residents. The truth of… Read More »

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Who should be held responsible when a nursing home resident is abused by another resident?

By David M. Benenfeld, P.A. |

Liability for any abuse that occurs on the grounds of a nursing home facility should be placed with the nursing home. Nursing homes are supposed to have the proper security and protocols to be able to protect their residents. In addition, when nursing homes have enough staff on hand, abusive incidents between residents would… Read More »

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How is a decision made whether we should accept a settlement offer or go to trial?

By David M. Benenfeld, P.A. |

In order to determine if we will want to settle your case or go to trial, it is critical that your case is thoroughly prepared from the very beginning. By doing this and our homework, the Law Offices of David Benenfeld knows what your case is worth and knows what a fair settlement offer… Read More »

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I keep hearing about understaffing at nursing homes and to be aware of this factor when deciding on a home for my elderly father. How will understaffing affect the care he gets?

By David M. Benenfeld, P.A. |

When a nursing home doesn’t have enough staff to properly care for patients and properly attend to their needs, the nursing home is understaffed. Unfortunately, this is a huge issue in the nursing home industry. Sadly, many nursing home companies don’t hire enough employees because they prioritize money over patient care. When nursing homes… Read More »

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Why should I hire you instead of the lawyer advertising on TV?

By David M. Benenfeld, P.A. |

There are many lawyers in the Fort Lauderdale area; however, not all attorneys are created equal. Before you hire any lawyer — whether they advertise on TV or not — you need to consider the following: How long has the lawyer been practicing personal injury law? Does the lawyer have experience in motorcycle accident… Read More »

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Can I pursue a personal injury claim for my motorcycle accident injuries caused by a driver turning left in front of me?

By David M. Benenfeld, P.A. |

You should have a valid legal claim if another driver pulled out in front of you or made a turn into your line of travel. This type of traffic accident is actually one of the most common motorcycle accidents involving other cars. Other drivers generally have a hard time seeing motorcycles or judging the… Read More »

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Can I still make a financial recovery after a motorcycle accident that caused a mild brain injury, even if I wasn’t wearing a helmet?

By David M. Benenfeld, P.A. |

If someone else caused the accident, then you can sue for your injuries. Whether you were on a Harley, Honda, cruiser, sports bike, or scooter, motorcycle operators in Florida don’t have to wear helmets — that is if you are over 21 years of age and carry $10,000 in medical benefits insurance. Although you… Read More »

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My Husband Died From Internal Bleeding Due To The Type Of Medication He Was Taking. Can I Sue For Wrongful Death?

By David M. Benenfeld, P.A. |

We are deeply saddened for your loss. Most likely you can file a wrongful death lawsuit, but it may depend. The circumstances that surrounded your husband’s death will influence the course of action or legal avenue that you can take. There may be many different parties that could be held liable that include: Pharmaceutical… Read More »

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What Are Some Of The Reasons Wrongful Death In A Nursing Home Would Occur?

By David M. Benenfeld, P.A. |

There are many problems that can occur at nursing homes that can result in wrongful death. Sadly, many elderly residents die in the very hands of professionals who were supposed to take care of them. While the reasons can vary, nursing home wrongful death in South Florida typically occurs as a result of abuse… Read More »

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