Nursing home abuse is a devastating reality that affects far too many vulnerable elderly residents. As an experienced elder law firm, the expert nursing home abuse legal team at Domnick Cunningham & Yaffa has seen firsthand the devastating impact that physical, emotional, sexual, financial, and neglectful abuse can have on nursing home residents and their families. 

It is crucial for families and caregivers to be aware of the different types of abuse that can occur in these facilities, in order to identify and address any mistreatment. By understanding the warning signs and taking proactive steps, you can help ensure your loved one receives the dignified, compassionate care they deserve.

Physical Abuse: Recognizing the Signs of Harm

Physical abuse involves the use of physical force that results in pain, injury, impairment or disease. This can include actions such as hitting, slapping, kicking, punching, shoving, restraining, or physically punishing a resident. Physical abuse can lead to bruises, broken bones, cuts, burns, and other serious physical harm.

Some common signs of physical abuse in nursing homes include:

• Unexplained bruises, cuts, or other injuries
• Broken bones or sprains
• Restraint marks on the wrists or ankles
• Reluctance to interact with staff
• Fearful or withdrawn behavior

If you notice any of these warning signs, it is crucial to report the abuse immediately to the facility administration, state regulatory agencies, and potentially law enforcement. The experienced team at Domnick Cunningham & Yaffa can guide you through the process of filing a complaint and pursuing legal action to protect your loved one.

Emotional Abuse: The Invisible Scars

Emotional or psychological abuse involves verbal assaults, threats, intimidation, humiliation, and harassment. This can include yelling, insulting, belittling, ignoring the resident, or preventing them from seeing friends and family. Emotional abuse can cause significant distress, anxiety, and depression in nursing home residents.

Some indicators of emotional/psychological abuse include:

• Sudden changes in mood or behavior
• Withdrawal from social activities
• Increased confusion or disorientation
• Reluctance to speak openly in front of certain staff
• Expressions of fear or helplessness

Emotional abuse can be just as damaging as physical abuse, eroding a resident’s sense of self-worth and autonomy. If you suspect your loved one is experiencing this type of mistreatment, the attorneys at Domnick Cunningham & Yaffa can help you take immediate action to address the situation and hold the facility accountable.

Sexual Abuse: A Violation of Trust and Dignity

Sexual abuse refers to non-consensual sexual contact of any kind, including unwanted touching, sexual assault, and rape. This can involve nursing home staff, other residents, or even visitors. Signs of sexual abuse may include unexplained genital infections, bruising around the genital area, and changes in a resident’s behavior or mood.

Victims of sexual abuse in nursing homes often feel ashamed, afraid, or unable to report the incident. It is crucial for facilities to have clear protocols for identifying and responding to any allegations of sexual misconduct. Residents and their families must also be empowered to speak up without fear of retaliation.

If you suspect your loved one has been the victim of sexual abuse in a nursing home, do not hesitate to contact the team at Domnick Cunningham & Yaffa. Our attorneys will work tirelessly to investigate the situation, protect your loved one’s rights, and pursue justice on their behalf.

Neglect: Failing to Meet Basic Needs

Neglect occurs when a caregiver fails to provide the basic necessities of daily living, such as food, water, hygiene, medication, and a safe environment. This can include not providing adequate nutrition, hydration, or assistance with bathing and dressing. Neglect can lead to malnutrition, dehydration, pressure sores, and other serious health issues.

Signs of neglect in nursing homes may include:

• Unsanitary living conditions
• Untreated medical problems
• Lack of assistance with daily activities like eating, bathing, or using the restroom
• Unexplained weight loss or dehydration
• Bedsores or other preventable skin conditions

Neglect is often the result of understaffing, inadequate training, or a general lack of care and attention. Nursing homes must be held accountable for ensuring residents’ basic needs are met in a timely and dignified manner. If you believe your loved one is experiencing neglect, the attorneys at Domnick Cunningham & Yaffa can help you take legal action to protect their rights and wellbeing.

Financial Exploitation: Stealing From the Most Vulnerable

Financial exploitation involves the misuse or withholding of a resident’s financial resources for personal gain. This can include stealing money or valuables, forging signatures, misusing a power of attorney, or coercing the resident to sign over assets. Financial abuse can leave elderly residents destitute and unable to afford their care.

Warning signs of financial exploitation in nursing homes include:

• Unexplained withdrawals from bank accounts
• Sudden changes to a will or power of attorney
• Missing personal belongings or valuables
• Unpaid bills or suspicious charges on financial statements

Families must be vigilant in monitoring their loved one’s finances and advocating for their financial rights and security. Nursing home staff who are found to be engaging in any form of financial exploitation should be reported to the appropriate authorities. The team at Domnick Cunningham & Yaffa can help you investigate suspected financial abuse and take legal action to recover any stolen assets.

If you believe your loved one is a victim of nursing home abuse in any form, do not hesitate to contact the experienced team at Domnick Cunningham & Yaffa. Our attorneys have a proven track record of holding facilities accountable and securing justice for abused and neglected residents. Call us today at [phone number] to schedule a free consultation and learn how we can help protect your family member.

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In Florida, nursing homes and assisted living facilities stand as sanctuaries for the elderly and disabled. These institutions pledge to offer care, dignity, and safety to their residents. However, beneath this promise lies a disturbing reality where abuse and neglect too often breach the sanctity of these homes. Domnick Cunningham & Yaffa is committed to shedding light on these injustices, advocating for those who have suffered in silence.

Falls

Among the most common incidents in care facilities are falls. Factors contributing to falls range from environmental hazards to inadequate supervision and poor mobility support. The repercussions for residents can be severe, leading to injuries that significantly diminish their quality of life. It’s not merely about the physical harm; falls can instigate a fear of moving, further deteriorating a resident’s health and autonomy.

Elopement

Elopement, or the unauthorized departure of a resident from a facility, highlights critical lapses in supervision and security measures. These incidents can lead to dire consequences, including exposure to accidents and severe health risks. The underlying causes often point to inadequate staffing and failure to address the specific care needs of residents, especially those with cognitive impairments.

Urinary Tract Infection

Urinary tract infections (UTIs) in nursing homes can signal neglect. Recurrent UTIs may indicate poor personal hygiene care or inadequate attention to residents’ health needs, leading to discomfort and more severe health complications. Addressing UTIs promptly and effectively requires attentive care practices that are sadly overlooked in some facilities.

Dehydration & Malnutrition

Dehydration and malnutrition represent a failure to meet the most basic human needs. These conditions can result from neglectful staff or systemic issues within the facility, such as inadequate staffing levels or poorly managed care programs. The consequences are profound, affecting residents’ overall health, recovery, and well-being.

Pressure Ulcers

Pressure ulcers, also known as bedsores, are a telltale sign of neglect. They develop when residents are left in one position for too long, indicating a lack of proper mobility management and skin care. Preventing and treating pressure ulcers demands diligent care and routine monitoring, which, when neglected, speaks to a broader issue of carelessness.

Medication Errors

Medication errors can have fatal consequences. Whether it’s the incorrect dosage, wrong medication, or improper administration times, these errors reflect a breakdown in the facility’s care protocols. Such incidents underscore the need for comprehensive training and stringent medication management systems.

Choking

Choking incidents in nursing homes often result from inadequate dietary management and supervision. Residents with swallowing difficulties require tailored meal plans and constant monitoring, a necessity sometimes neglected, leading to preventable tragedies.

Sexual Assault

Sexual assault within nursing homes is a grievous violation, shattering the trust placed in these institutions. Detecting and addressing these incidents demand vigilance from staff and administrators alike, alongside a culture that supports transparency and accountability.

Assault

Physical assaults, whether by staff or other residents, are indicative of a failure to provide a safe environment. Such acts of violence not only cause immediate harm but also contribute to a climate of fear and insecurity, far removed from the sanctuary care facilities are meant to provide.

How Domnick Cunningham & Yaffa Can Help

Domnick Cunningham & Yaffa stands at the forefront of advocating for victims of nursing home and assisted living abuse in Florida. With a deep understanding of the complexities surrounding these cases, the firm is committed to securing justice and compensation for victims and their families. 

Through meticulous investigation and unwavering advocacy, Domnick Cunningham & Yaffa ensures that voices of abuse and neglect are heard and addressed, paving the way for recovery and change. Reach out to us at 561-516-5168 or book a consultation online to schedule a consultation and learn more about how we can assist you.

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In elder care, few factors are as critical to the well-being and safety of residents as the quality and quantity of nursing home staffing. Florida, home to a significant aging population, recognizes this through stringent laws and regulations designed to ensure that nursing homes are adequately staffed. However, despite these legal frameworks, instances of neglect and abuse persist, often directly linked to staffing deficiencies. This raises not only ethical concerns but also significant legal implications for facilities failing to meet state requirements.

The interconnection between staffing levels and the potential for abuse or neglect is undeniable. Adequate staffing is not merely about numbers; it’s about ensuring that each resident receives personalized and timely care, that their needs are met with dignity and respect, and that they live in a safe environment. Unfortunately, when staffing levels fall short, the risk of neglect and abuse rises, sometimes leading to tragic outcomes. It is in this context that the law intervenes, setting standards and providing recourse for those affected by such failures.

Understanding Florida’s legal stance on nursing home staffing requirements is essential for anyone involved in the elder care industry, from administrators and caregivers to families and their legal representatives. It is a crucial element in the fight against nursing home abuse, offering a foundation for holding facilities accountable and advocating for the rights and welfare of the elderly. As we delve into the specifics of Florida’s regulations, the role of staffing in preventing abuse, and the legal consequences of failing to comply, it becomes clear that knowledge and vigilance are powerful tools in protecting our most vulnerable citizens.

What are Florida’s Nursing Home Staffing Laws?

Florida has been at the forefront of establishing comprehensive legal standards aimed at safeguarding nursing home residents through meticulous staffing requirements. The state’s statutes and regulations are designed not just as guidelines but as enforceable standards to prevent abuse and neglect in nursing homes. Understanding these laws is pivotal for all stakeholders, including nursing home operators, staff, residents, and their families, as well as legal professionals advocating for elder rights.

Statutory Requirements and Regulations

The Florida statutes stipulate minimum staffing levels for nursing homes, ensuring that a baseline level of care and supervision is maintained at all times. These laws detail the required ratio of staff to residents, which varies depending on the time of day and the specific needs of the residents. For example, during the day, a higher staff-to-resident ratio is required to accommodate the increased activity and care needs. At night, although the ratio may decrease, sufficient staffing is still mandated to address any emergencies or assistance needs that arise.

In addition to numerical ratios, Florida law also mandates that nursing home staff must possess the necessary qualifications and training to provide the appropriate level of care. This includes not only medical and caregiving staff but also ancillary personnel who contribute to the overall health and well-being of residents.

The Importance of Compliance

Compliance with these regulations is not optional. Nursing homes found in violation of staffing requirements face significant penalties, including fines, operational restrictions, and in severe cases, closure. The enforcement of these laws is carried out by state health agencies, which conduct regular inspections and respond to complaints of alleged violations.

For families, understanding these legal standards provides a basis for evaluating the quality of care their loved ones receive. It enables them to ask informed questions about staffing levels, staff qualifications, and how the facility maintains compliance with state laws.

A Preventive Approach to Abuse and Neglect

The correlation between adequate staffing and the prevention of abuse and neglect is well-documented. Sufficient, well-trained staff can more effectively monitor residents, provide timely care, and prevent situations that could lead to neglect or abuse. Florida’s staffing requirements are thus not only a matter of legal compliance but a critical component in ensuring the safety and dignity of nursing home residents.

In the context of nursing home abuse law, these regulations form a crucial framework. They offer a clear standard against which the actions of nursing homes can be assessed in legal proceedings. For attorneys representing clients in cases of alleged abuse or neglect, these laws provide a foundation for establishing negligence or failure to meet mandated care standards.

As we advocate for the rights and well-being of our elderly population, understanding and enforcing these staffing requirements are paramount. They represent a vital step in ensuring that nursing homes are not merely places of residence but sanctuaries of care, respect, and dignity.

Legal Consequences of Staffing Violations

In the fight against nursing home abuse and neglect, the enforcement of staffing regulations plays a pivotal role. The legal framework in Florida is designed not only to set standards but also to hold facilities accountable when they fail to meet these crucial requirements. Understanding the legal consequences of staffing violations is essential for nursing homes, legal professionals, and families alike.

The Path to Legal Accountability

When a nursing home in Florida fails to adhere to the mandated staffing levels, it doesn’t just risk the health and safety of its residents—it also faces significant legal repercussions. These consequences can range from monetary fines and increased scrutiny from regulatory bodies to more severe penalties such as the suspension of licenses or even facility closure.

Legal action can be initiated by state health agencies responsible for nursing home oversight or through lawsuits filed on behalf of affected residents and their families. In many cases, these legal proceedings reveal not just isolated incidents but patterns of neglect or abuse directly related to inadequate staffing.

Navigating the Legal Landscape

For families suspecting that their loved one has suffered due to staffing violations, the legal system offers a path to justice and compensation. However, navigating this landscape requires a thorough understanding of both the specific laws governing nursing home operations and the broader legal principles that protect the rights of the elderly.

Lawyers specializing in nursing home abuse cases are invaluable in this context. They can assess the situation, gather evidence, and determine the viability of legal action against the facility. This often involves a detailed analysis of staffing records, resident care logs, and other documentation to establish a direct link between staffing inadequacies and instances of abuse or neglect.

The Role of Legal Professionals

Legal professionals play a crucial role in enforcing nursing home staffing requirements. By holding facilities accountable for their failures, they not only seek justice for individual victims but also drive improvements in the industry as a whole. Through legal action, attorneys can compel nursing homes to adopt higher standards of care, better training practices, and more rigorous compliance with staffing regulations.

The legal consequences of staffing violations in Florida nursing homes serve as a stark reminder of the importance of compliance. For nursing home administrators, it underscores the need to prioritize resident care and legal obligations. For families, it highlights the necessity of vigilance and advocacy. And for legal professionals, it represents a call to action—to protect the vulnerable and uphold the standards of care and dignity they deserve.

As we continue to confront the challenges of elder care, the role of legal accountability cannot be overstated. It is a vital component in the ongoing effort to ensure safe, compassionate, and lawful care for all nursing home residents.

Contact Domnick Cunningham & Yaffa Today

In the face of potential abuse and neglect stemming from staffing deficiencies in Florida nursing homes, the role of advocacy and legal action becomes paramount. For families and residents, understanding how to navigate these challenges is crucial in ensuring the safety and dignity of their loved ones. At Domnick Cunningham & Yaffa we specialize in elder law and nursing home abuse, we can provide the expertise and support needed to confront these issues head-on.  Reach us at 561-516-5168 or book a consultation online to learn more about how we can assist you.

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When someone goes to the hospital, they expect to receive high-quality, safe care that will help them recover from their illness or injury. Unfortunately, the reality is that medical errors are far more common than most people realize, and the true scale of the problem is being severely underreported.

As reported by PBS earlier this month, a recent study published in the health policy journal Health Affairs found that roughly one out of every three people encounter an “adverse event” – such as a hospital-acquired infection or a complication from the wrong medication – when they are admitted to a hospital. Even more disturbing, the study found that about 90% of all hospital mistakes go unreported.

This is a theme that medical malpractice lawyer, Sean Domnick, Shareholder at Domnick Cunningham & Yaffa, has seen develop not recently but over the past decades.

“That 90% of hospital errors go unreported should be a national scandal on the front of every newspaper. How are we supposed to make intelligent, informed choices about our options when we need medical care if we can’t trust the medical mistakes are being accurately reported?”

Indeed, this is not a new problem. In 1999, a landmark report by the Institute of Medicine estimated that as many as 98,000 Americans may die each year from hospital mistakes. Since then, numerous studies have continued to highlight the growing issue of medical errors, but progress in addressing the problem has been painfully slow.

The same report indicates that healthcare providers are often reluctant to report errors due to a culture of fear, lack of feedback, and poor understanding of what constitutes a medical error.

“Fear of consequences is the most reported barrier” to reporting medical errors, found a systematic review of 30 studies on this topic. Providers worry about facing disciplinary action, lawsuits, or damage to their professional reputation if they admit to making a mistake. This fear is pervasive across different healthcare settings and management styles, and even the option to report errors anonymously does not seem to eliminate this barrier.

Another significant reason for underreporting is the lack of feedback from hospital administration. When healthcare providers report errors, they often do not receive sufficient information about the actions taken to address the issue or the measures implemented to prevent similar errors in the future. This absence of transparency and follow-up can discourage them from reporting subsequent mistakes.

The culture and climate within a healthcare organization also play a vital role. Research indicates that when hospital leaders primarily blame individuals for errors instead of tackling systemic issues, the reporting of medical errors tends to decline. In contrast, environments that emphasize teamwork, psychological safety, and proactive error prevention programs typically experience higher rates of error reporting.

Perhaps most troublingly, many healthcare providers simply lack a clear understanding of what constitutes a medical error and the importance of reporting them. This knowledge gap means that numerous mistakes likely go unrecognized and unreported.

The consequences of this underreporting are severe. By failing to accurately track and analyze medical errors, hospitals and the healthcare system as a whole are missing critical opportunities to learn from mistakes and implement effective solutions to improve patient safety.

“We can’t develop safer healthcare without identifying and analyzing medical errors when they happen,” wrote the authors of a Harvard Health article. They called for the creation of a national database of medical errors to facilitate quality improvement and prevention research.

Domnick believes that this national database would be “a significant step forward in recognizing and memorializing the totality of medical errors in the nation. We should be aiming at having at least 90% of medical errors properly reported and recorded, not the abysmal inverse that exists today.”

Encouragingly, some healthcare institutions are starting to recognize the importance of openly addressing medical errors. The Harvard article’s author, a physician, described how their own institution has embraced a culture of error reporting, with an easy-to-use online system that colleagues use to document everything from mislabeled lab samples to patient falls.

“Worried that these types of reports reflect more mistakes being made than normal? Think again: as the data supports, the vast majority of medical mistakes simply go unreported,” the author wrote, “The true number of medical errors, both fatal and non-fatal, is unknown. What we do know is that healthcare delivery cannot improve if these are not examined.”

By shining a light on medical errors and creating an environment where providers feel safe to report them, healthcare organizations can take the first step towards meaningful progress. As the author’s personal experience illustrates, owning up to mistakes and using them as learning opportunities can lead to valuable improvements in patient safety.

“If we don’t own our errors, we are destined to repeat them,” the author concluded. “In medicine, honesty is truly the best policy.”

The stakes are high and getting higher by the day. 

Estimates from a UCSF Ambulatory Safety Center for Innovation article suggest that medical errors may be the third leading cause of death in the United States, behind only heart disease and cancer. While the exact numbers are difficult to pin down due to underreporting, the scale of the problem is undeniable.

It’s time for the healthcare industry to confront this crisis head-on. By fostering a culture of transparency, accountability, and continuous learning, hospitals and providers can start to chip away at the silent epidemic of medical errors. Patients deserve nothing less than the highest standard of safe, quality care – and it’s up to the healthcare system to deliver.

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In Florida, where the landscape of medical malpractice law is as dynamic as the state’s varied demographics, understanding the limitations on compensation claims, often referred to as “caps,” is crucial for any patient or family member who has suffered due to medical negligence. 

These caps, which may limit the amount of money a plaintiff can receive in a lawsuit, have been a subject of considerable legal debate and reform over the years. Domnick Cunningham & Yaffa, with their extensive expertise in medical malpractice law, are well-equipped to navigate these complex legal waters, ensuring that their clients receive the maximum possible compensation under the law.  Whether you are just curious about the law or you are seeking legal representation for a potential claim, understanding these caps is essential in anticipating the possible outcomes of a medical malpractice suit.

What are Caps on Medical Malpractice Awards?

In the realm of medical malpractice, “caps” refer to the legally imposed limits on the amount of money that can be awarded to plaintiffs for certain types of damages. These caps are typically placed on non-economic damages, such as pain and suffering, loss of companionship, and emotional distress, rather than economic damages that cover calculable losses like medical bills and lost wages.

Purpose of Caps: The primary rationale behind implementing caps on medical malpractice awards is to control the rising costs of healthcare related to insurance premiums for providers and to maintain the availability of medical services. Proponents argue that caps help keep healthcare costs down and ensure that medical professionals aren’t driven out of practice by high insurance costs. Critics, however, contend that caps unfairly limit compensation for patients who have suffered significant non-economic harm due to medical negligence.

In Florida, the debate over these caps has seen various legal challenges and changes, reflecting a dynamic interaction between the legislative intent to manage healthcare costs and the judicial emphasis on protecting patients’ rights.

Current Status of Medical Malpractice Caps in Florida

The legal landscape regarding medical malpractice caps in Florida has evolved significantly over the past decade. In a landmark decision in 2017, the Florida Supreme Court ruled that caps on non-economic damages in medical malpractice cases are unconstitutional, citing that they violated the Equal Protection Clause of the Florida Constitution.

Impact of the Decision: This ruling means that there are no longer any caps on the amount of non-economic damages that plaintiffs can seek in medical malpractice lawsuits in Florida. This is a crucial development for patients and families affected by medical negligence, as it allows for compensation that more accurately reflects the severity of their suffering and loss.

However, it’s important to note that legislative attempts to reinstate or modify these caps could emerge, as the state government continues to grapple with healthcare policy and legal frameworks. Staying informed through a knowledgeable legal partner like Domnick Cunningham & Yaffa is essential for anyone involved in a medical malpractice claim.

Legal Strategies in the Absence of Caps

With no caps on non-economic damages in Florida, Domnick Cunningham & Yaffa focus on a thorough and evidence-based approach to maximize the compensation their clients can receive.

Navigating the Legal Landscape: The firm’s attorneys leverage their deep understanding of medical malpractice law to construct compelling cases that clearly demonstrate the extent of harm and negligence. Without the limitation of caps, the focus shifts to providing robust evidence and expert testimony to substantiate the claims for non-economic damages.

Considerations for Plaintiffs: Plaintiffs must be prepared for potentially lengthy legal battles, as the absence of caps might encourage defendants to fight harder against large compensatory demands. Domnick Cunningham & Yaffa ensure that their clients are well-prepared and supported throughout this process, advocating strongly on their behalf to achieve just outcomes.

Contact Domnick Cunningham & Yaffa Today

The question of whether there are caps on medical malpractice awards in Florida can significantly impact the proceedings and outcomes of such cases. With the current absence of such caps, understanding the full scope of possible compensation is more important than ever. Domnick Cunningham & Yaffa remain at the forefront of this evolving legal field, ready to provide expert guidance and representation to ensure that victims of medical malpractice receive the justice and compensation they deserve.

For anyone seeking to understand more about their rights and potential claims, consulting with experienced attorneys like those at Domnick Cunningham & Yaffa is a critical step.  Reach out to us at 561-516-5168 or book a consultation online to schedule a consultation and learn more about how we can assist you.

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Auto, Trucking and Bus Accidents

Automobile, truck, and bus accidents happen every day. But when they happen to you, or to someone you love or care about, they can change lives – often dramatically. Car accidents are often far more complicated than simply figuring who hit whom and who is at fault. These cases involve many issues, including insurance coverage, medical expenses (often called PIP coverage), wage loss issues and uninsured motorist (UM) and underinsured motorist (UIM) coverage. We also work with your doctors to keep your case moving smoothly, and to be certain that you receive compensation for all of your injuries, including pain and suffering, wage losses, property damages and other claims. That is why, if you, a loved one or a friend has been injured in an auto, bus, or truck accident, you need representation.

 

At Domnick Cunningham & Yaffa , we know that representing clients who have been injured in a motor vehicle accidents requires many skills and that the issues may be complex, yet we make sure that our clients, and their family and friends, understand everything that happens. Representing car, bus and truck accident victims requires a team of aggressive investigators and lawyers, all devoting their maximum effort to their clients. Our Florida personal injury attorneys have represented persons injured in motor vehicle accidents for many years.

 

When you need a Florida personal injury attorney to represent you, a family member or friend who has been injured in a car, truck, bus, subway, trolley or other motor vehicle accident, contact Domnick Cunningham & Yaffa. We represent every client zealously in order to obtain the best results possible in each case. To arrange a consultation, please give us a call at 1-800- 681-8882, or visit our website at www.dcwlaw.com.

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Tractor Trailer Accidents

Every day companies across the United States rely on tractor trailers to get their products where they need to go. However, these large heavy trucks have the potential to cause very serious injuries when they are involved in accidents on the roadways. According to the U.S. Department of Transportation National Highway Transportation Safety Administration, 385,000 large trucks were involved in traffic accidents in 2006. As a result of these crashes, 106,000 people were injured and 4,995 were killed. Of those injured in accidents involving large trucks, only 22% were occupants of the truck; 76% were occupants of another vehicle and 2% were nonoccupants (i.e. pedestrians). Of those killed, only 16% were truck occupants, 75% occupants of another vehicle, and 8% non-occupants.

 

Someone involved in an accident with a tractor trailer is twice as likely to be killed than if the crash had been between passenger vehicles. Because of the large size and heavy weight of the vehicle involved, tractor trailer accidents are usually very serious – often including life-threatening injuries and death – and there are numerous legal issues surrounding them.

 

Our injury attorneys understand that representing tractor trailer and truck accident victims requires particular types of skills and knowledge. The Florida accident lawyers at Domnick Cunningham & Yaffa fight to recover damages and compensation which our clients are entitled to, including medical expenses, hospital bills, rehabilitation expenses, lost earnings, future wage losses, lost earning capacity, physical disabilities, scarring, loss of limb, brain and head injuries, emotional distress, depression, anxiety, grief, and pain and suffering. The Florida tractor trailer and truck accident lawyers at Domnick Cunningham & Yaffa understand the intricacies of trucking litigation and we work with our clients, along with their friends family and friends, as well as their doctors, psychologists, long-term care planners, and others – to assure that they receive not only the finest legal representation, but also the finest support and medical care.

 

Representing tractor trailer accident victims requires a team of aggressive investigators and lawyers all devoting maximum effort to their clients. At Domnick Cunningham & Yaffa our personal injury attorneys investigate every claim so that we may aggressively and zealously represent our clients and obtain the best possible results.

 

When you need a Florida personal injury attorney to represent you, a family member, or a friend who has been a victim of a tractor trailer accident contact immediately Domnick Cunningham & Yaffa for information.To arrange a consultation, please call us at 1-800-681-8882, or visit our website today at www.dcwlaw.com.

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When Accidental Drowning Occurs

In Florida we are surrounded by water whether it be ocean, lake or pool. As enjoyable as they can be for most of us, pools and natural bodies of water present dangerous opportunities. Unfortunately, drowning accidents occur with regularity. Our experienced attorneys at the Palm Beach, Domnick Cunningham & Yaffa are ready and able to represent you in your time of need.

 

Drowning often results in catastrophic injuries including loss of life. When a person becomes submerged in water, the brain is deprived of vital oxygen. This is referred to as a drowning accident, which can often be fatal. In those instances where the victims survive, serious and permanent brain damage often result. The longer the individual is submerged in water and deprived of oxygen, the more severe the brain damage will be. Brain damage from oxygen deprivation can cause the victim to fall into a coma or a vegetative state, and is often irreversible.

 

Though often referred to as “accidental” drownings, many times aggressive investigation and legal analysis reveals that a person, entity, company or association is responsible for creating a dangerous condition which resulted in the drowning. Many cases of accidental drowning could have been prevented by providing adequate supervision, using pool and hot tub covers, installing fencing, keeping gates and doors closed, or posting appropriate warning signs. The absence of any of these safety measures presents the opportunity for a dangerous condition which can result in a drowning.

 

Representing clients who have lost loved ones to accidental drowning requires a team of aggressive investigators and lawyers all devoting their maximum effort to their clients. At Domnick Cunningham & Yaffa our attorneys work together with a team of investigators and support staff to investigate every claim so that we may aggressively and zealously represent our clients and obtain the best possible results.

 

Please call us if you need a Florida personal injury attorney to represent you, a family member or friend who has lost a loved one or suffered a severe injury due to accidental drowning. We can be reached at 1-800-681-8882, or visit our website at www.dcwlaw.com.

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“Landmark Court Decision Punishes Texting While Driving”

“Landmark Court Decision Punishes Texting While Driving”

 

While texting and driving in Florida is now illegal, enforcement is problematic. However, civil lawsuits are making real progress at punishing reckless texters.

 

In a recent landmark decision, the Superior Court of New Jersey – Appellate Division held, “[A] person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.” Kubert v. Best, 2013 WL 4512313, ___ A.3d ___ (N.J. Super. Ct. App. Div. 2013). A copy of the decision is available here. The court analogized the texting danger to the following hypothetical example:

 

A and B participate in a riot in which B, although throwing no rocks himself, encourages A to throw rocks. One of the rocks strikes C, a bystander. B is subject to liability to C. [Restatement § 876, comment d, illustration 4.] The example illustrates that one does not actually have to be the person who threw a rock to be liable for injury caused by the rock.

 

The Court found that a texter is “electronically present” at the scene of injury. Therefore, the Court found no difference between the texting scenario and a duty which a passenger owes to the driving public to prevent an intoxicating driver from taking the wheel.

 

What is the responsibility of the text sender? According to the Kubert court; “[T]the act of sending such messages, by itself, is not active encouragement that the recipient read the text and respond immediately, that is, while driving and in violation of the law.” More is required; the sender must take active steps to urge the driver to read and respond to the text while driving.

 

And just as important, corporations need to have firm policies in place to ensure that those in the office do not force their drivers, or others, to immediately respond to texts while driving.

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