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In Ken’s analysis, the likelihood of obtaining a meaningful financial recovery from the shooter or his family is small and the obstacles to recovering from the mental health clinics that treated the shooter are enormous. In Ken’s opinion, the lawsuit will be amended as soon as the 6 month notice period expires as to the Broward County Sheriff and School Board.

Once a verdict or settlement is reached, any amount over $300,000.00 must be approved by the Florida Legislature and Governor in a claims bill process. Ken is one of very few attorneys who has successfully had a claims bill passed for his client and recovered over $2.5 million in a  case against the South Florida Water Management District.

In Ken’s opinion, there will be a claims bill for the MSD victims and possibly a Federal Tort Claims Act lawsuit filed for the negligent conduct of the FBI.

If you would like to speak with Ken about the legal viability of a lawsuit for personal injury, he may be reached at 954-526-7007 or Ken@sobellegal.com  At Sobel Legal we are here to help.

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In traumatic situations, you rarely know if you are in pain until a considerable passage of time. But here comes the scruffy. uninsured dim wit that just hit you, asking, “Hey, I’m sorry man! Are you alright?” STOP! Fast-forward 18 months down the road. The dim wit is wearing a new suit, found a razor and a barber and is telling the jury, “I asked him if he was alright, and he said, ‘I feel fine!’” The truth is, within the first minutes after an accident, you feel nothing! Your brain couldn’t process a feeling of “fine” any more than it could process what was really going on- a ripped, bleeding rotator cuff and a herniated disc in your neck. Okay, let’s return to the scene. How should you answer Dim Wit? How about, “Call the police” or “I don’t know yet.”

The police arrive; and want to know what happened. Again, fast forward to your trial. Dim wit’s attorney is arguing that you share some blame for the accident because your brake lights weren’t on as you were sitting at the light. He is now questioning the officer: “Isn’t it true Officer. that Ms. In the right told you she didn’t know whether her foot was on the brake or she was in neutral with her foot off the brake?” Because you have hired the world’s greatest trial lawyer, he rises to your defense before an answer can be uttered and says, “Objection! What my client did or did not tell the officer is privileged.” You win the objection and the officer is not heard by the jury. Why? Florida wants to promote accident investigations by encouraging you to share with the officer, exactly what took place. To do this, Florida law prohibits an officer from testifying about what was said by a party to an accident. So, don’t talk to Dim Wit, but feel free to talk to the officer.

You’re now in the emergency room. The nurse or doctor asks you what happened. In certain circumstances, what you tell your doctors can be used against you at trial, so be careful. Like the game or telephone, you played as a kid, it is amazing how often doctors and nurses misstate what you tell them. To them, it does not matter if you slipped vs. tripped, if you fell in a pothole or were smoking pot. They are over worked. often tired and therefore, inaccurate in transcribing your account of what happened, so, do what my law professors taught me- KISS (Keep It Simple Stupid)! In this case, just say, I was in an automobile accident.  Even if you were rear-ended and it wasn’t your fault, don’t give your doctors or their nurses more opportunities to mess up your case by giving them an overwhelming amount of detail. Believe me, they don’t want it anyway! Resist the urge to tell your story; and just give them the essentials. All that they really need to know is the direction from which you were hit and whether you were wearing your seat belt. This information alerts them to your potential injuries.

Eight hours later. you’re home. You got some Tylenol for your sore shoulder and neck and the hospital doctor diagnosed whiplash. You don’t know that you have a rotator cuff tear that will require surgery and a herniated disc that will cause you pain and limitations for the rest of your life. Unaware that the doctor made an optimistic diagnosis. you left the hospital feeling bad, but relieved. You think you’re going to be okay. What do you do now?

You need to notify your insurance company. Under your policy, if you fail to give your carrier timely notice of your accident, they can refuse to pay. You pull out your insurance card, get the telephone number for claims; and get Mr. happy, cheery claims adjuster on the phone (whose job it is to screw you out of any benefits he can). What do you tell them? NOTHING!  Hang up the phone! Pull the cord out of the wall! It’s lawyer time. Don’t have a lawyer? Get one. It’s free. sort of.

Personal injury attorneys work on a contingent free basis. They take a percentage of what they collect for you. If you collect nothing, or it turns out you don’t have a compensable claim, they get paid nothing. Most attorneys will even advance the costs involved and delay reimbursement until there is a recovery. No recovery. no fees or costs.

Your attorney will contact the insurance company for you. Why is that important?  Well in this case, because Dim Wit had no insurance and your shoulder surgery is going to cost more than the $10,000 personal injury protection policy you purchased (see my blog on “Car insurance, what you need to know.”) you are going to be making a claim against your own insurance carrier for uninsured motorist benefits. That puts your insurance company in the position of wanting to help Dim Wit; not you.

Anything you tell them can and will be used against you. Let your attorney handle them.

Your attorney will do more than that. He will guide you in the selection of a qualified physician who is not only good at hastening your recovery, but also, in documenting and testifying about your injury so that a jury can hear a fair description of what your injuries were, how they affected you, what your prognosis is and how much your injury will cost you in future medical costs. Good cases are frequently lost by honest victims who go to good doctors who don’t know how to document their patient’s injury, or have no jury appeal. You’ll be happy you have a doctor that can go toe to toe with the silver haired foxes the insurance company hires to testify that you were never hurt.

Your car needs fixing. Please don’t get it fixed without taking pictures. If you hired an attorney, he’ll arrange it. However, you can save some costs by doing it yourself. Get a good camera or a friend who has one and take pictures of your car from all of the o’clock positions, standing ten feet away. Where there is visible damage, take multiple pictures of those parts, both close up as well as from ten feet. Do you have visible injuries, such as bruises across your shoulder or lap from the seat belt? Take clear pictures so you can prove you were wearing your seal bell.

You have collision insurance on your car and so does Dim Wit, so which insurance company should pay for your car repairs? In most cases, yours. Go to a shop they recommend. Why? Because when their repair shop does not do the job right, you can have your insurance company pay all over again to do it right the second time. Your insurance company will collect your deductible from Dim Wit’s insurance carrier as well as what they spent to repair your car. If you were not at fault, your rates will not go up. If your carrier wants to increase your rates because you were in an accident that was not your fault, you’re with the wrong carrier: You have now done what you need to help obtain a fair recovery from your accident.

If you or a loved one have been personally injured by the negligence of another, protect your rights today. Sobel Legal is here to help you. Call 954-526-7007 or email Ken@SobelLegal.com.

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Fast forward again and I’m the veteran of hearing many a sad tale of parents whose children have either died or suffered serious injury as a result of their own or a friend’s inebriated exploits behind the wheel. Fearing my son is too much like I was, I’m afraid. Like many parents, I know there is little we can do to keep our kids safe when they leave the cocoon, but I’m going to try. I’ve made a deal with my son which I’ve been thinking about a lot lately; and I thought I’d share it.

It’s called a Safety Contract. It’s a deal you make with your teen and a friend of yours or any adult you can trust, but more importantly, someone with whom your teen feels comfortable and can trust. First, you take a deep breath and acknowledge that while you may think your teen is an angel, there are times when they are not; and part of being a teen is exploring and making your own mistakes. Knowing there will be times when your teen will either cave to peer influence or be the passenger of someone who should not be driving when it’s time to come home, you make a deal that goes like this.

The teen promises to call the adult friend whenever (even at 2am) he perceives himself in an unsafe situation where he needs help. The adult promises to drop everything and be there for your teen. Here’s the catch — the adult is prohibited from telling you. They are the knight in shining armor that potentially saves your child’s life; and they must, in order for this to work, resist the temptation to let you know. Otherwise, it does not work. Any benefit you and your teen might realize by your knowing what your teen has been up 10 is less important than the safety net you purchase by sticking to the deal. If your child is having repeated problems, then hopefully your own parenting skills will alert you to it without the need of’ your child’s guardian angel whispering in your car.

The deal can be, but does not have to be, in writing. Being a lawyer, I was tempted to draw up papers, but resisted. The only benefit 10 putting it in writing would be 10 solemnize the agreement. There are many permutations to such an agreement. It can be reciprocal, where you agree to be the guardian for your teen’s guardian’s teen. But that only works if your friend’s teen trusts you. You can enter into this agreement with a group of your friends and have a pool of guardians. You may not be able to reciprocate for your teen’s guardian, but you can make a promise along the lines of the theme of the movie, “Pay it forward,” and agree to make yourself available as a guardian to someone else’s teen.

This agreement may not save anyone’s life. Your teen may suffer a lapse in judgment by not calling the guardian when they should. However, if the Safety Contract saves the life of just one person, it would certainly be worth the effort. Both the shame and the beauty of it is, if it works, you’ll never know. Be safe.

If you or a loved one have been personally injured by the negligence of another, protect your rights today. Sobel Legal is here to help you. Call 954-526-7007 or email Ken@SobelLegal.com.

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This article is brought to you by Sobel Legal, keeping South Florida informed and safe, one family at a time.

By GIO BENITEZ

A week after the deadly bridge collapse at Florida International University, one of the survivors is speaking out in the wake of filing a lawsuit against the engineers and construction companies behind the project.

Katrina Collazo, who was injured in the collapse, was overcome with emotion as she told ABC News’ Gio Benitez about that tragic day where six people lost their lives.

In an interview set to air Friday on “Good Morning America,” Collazo, the mother of a 3-year-old girl, said she was sitting at the spotlight in her Nissan SUV when she felt something slam against the roof of her car.

“I thought somebody had hit me from behind until I looked to the side and I saw all those cars under that bridge, knowing that they were dead. There was no way they could’ve survived something like that,” said Collazo, a medical assistant.

“To tell you the truth, I just screamed,” she added. “I remember people running to my car and trying to get me out. And I just remember screaming and screaming not understanding what was going on.”

The entire back half of her SUV was completely destroyed in the collapse.

Collazo, who was on her way to FIU to look into joining the nursing program, said she can’t shake the image of those cars flattened right next to her.

“I’m thankful for being here today and being able to speak. But there are those that aren’t, that will never hold their children again, that will never graduate. That is not fair. This is not supposed to happen to anybody,” she said.

Her daughter was not in the car, but her car seat in the back seat was entirely crushed in the collapse, Collazo said.

“That crosses my mind every second of the day that just because it was 1:47 p.m., my daughter was not in that car. I don’t even know what I would’ve done. I don’t know because she’s my life, she’s my daughter,” said Collazo. “Imagine if she had been there.”

Several other victims and their families also filed lawsuits this week. Among Collazo’s complaints in the lawsuit are that two of the companies involved — FIGG Bridge Engineers and Munilla Construction Management — “had a duty to take all actions necessary to preserve the health, safety and welfare of the general public.”

“Traffic should not have been permitted to go underneath it until it was safe and there were indications well before this accident happened that this bridge had cracks, that there were safety concerns. And at that moment, traffic should have been stopped until it could have been repaired,” said Spencer Aronfeld, Collazo’s attorney.

In a statement to ABC News, FIGG Bridge Engineer said, “We are aware that a lawsuit has been announced regarding the pedestrian bridge accident. Our priority focus continues to place sympathies for the victims at the forefront of our thoughts. FIGG Bridge Engineers will work diligently with authorized investigators in an earnest ongoing effort to determine what led to the accident and what can be done to ensure that nothing like it happens again.”

MCM did not respond to ABC News’ request for comment Thursday, but previously said: “Our family’s thoughts and prayers go out to everyone affected by this terrible tragedy. The new UniversityCity Bridge, which was under construction, experienced a catastrophic collapse causing injuries and loss of life. MCM is a family business and we are all devastated and doing everything we can to assist. We will conduct a full investigation to determine exactly what went wrong and will cooperate with investigators on scene in every way.”

Collazo has her own message for the families who lost loved ones.

“I want them to know that my prayers are with them. We’re going to the bottom of this, that we are going to make sure this never happens again,” she said.

If you or a loved one have been personally injured by the negligence of another, protect your rights today. Sobel Legal is here to help you. Call 954-526-7007 or email Ken@SobelLegal.com.

Source: https://abcnews.go.com/US/bridge-collapse-survivor-haunted-daughters-crushed-car-seat/story?id=53947637

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I had my fair share of school yard fights. My opponents were the usual cast of characters – big guys who wanted to be “bigger· and smaller guys who wanted to be … “bigger:   With guys, it was fairly simple – a few thrown punches. Mostly misses, a little blood, some bad feelings and then, at the end, some degree of mutual respect. Once the fight was over, it was typically over for good. Fighting was a sort of social climbing. My opponents and I didn’t always find our way to friendship. But what had started with some bad feelings and ended with a few bruises took nowhere near the toll of what occurs when teasing and threats become incessant and without end.

Excluding fights involving weapons, comparing the damage of physical fights, psychological bullying exacts a much greater emotional toll on children. When last studied, it was estimated that 160,000 children a day miss school for the sole reason of avoiding their bullies. Fortunately, I find myself in the strange position of praising something our state and county have done right. Florida passed the Jeffrey Johnston Stand up for all Students Act which strongly discourages and prohibits bullying in our public schools, grades K through 12. When combined with Florida Statute §784.04B which prohibits harassment and cyber-stalking, Florida has the tools to severely discourage bullying. Even better, on July 22, 2008. Broward County became the first county in the state to adopt an anti-bullying policy.

As our children get settled back in school this year, it may be good for us, their parents, to understand the law, both criminal and civil; and the criminal and civil penalties our children, our schools and we face if our kids violate the law and start bullying another student. Think this is silly and the law is paying too much attention to something we all had to deal with when we were kids?  Think again. Think of the power a clique of girls can have when they engage in an instant messaging campaign designed to harass one of their classmates. Think misdemeanor. Add to that campaign a credible threat intended to scare a student into thinking they may have physical harm brought to them and then, think felony. These laws are real, and parents had better educate themselves. If the criminal law does not deter children, then perhaps this will deter their parents. If a minor injuries someone with aggressive physical or emotional conduct and their parents or their school know the aggressor has a history of having injured others in a substantially similar way, then those with knowledge who allow their “kids to be kids” – the parents, the school or both, can be held directly answerable for compensatory damages.

Years of abuse, suffered by tens of thousands of school children at the hands of their classmate tormentors has been met with years of indifference and ineffective approaches. Substantial school resources have been directed to addressing these situations on a case by case basis, without any standardized policies and deterrents. However, the tide has turned; and Broward County’s adoption of a County-wide plan to deal with bullying is to be applauded.

Responding to a state-wide law requiring every county to adopt a comprehensive anti-bullying policy, Broward’s embrace of this mandate may strongly combat bullying, which has been defined as “systemically and chronically inflicting physical hurt or psychological distress: including “Teasing, Social exclusion, Threats, Intimidation, Stalking, Physical violence, Theft, Sexual, religious or racial harassment, Public humiliation or Destruction of property.

Further, the policy prevents harassment, which is defined “any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that places a student or school employee in reasonable fear of harm or damage to his property, substantially interferes with a student’s educational performance, opportunities or benefits or substantially disrupts the orderly operation of school.”

The policy has an anti-retaliation provision and is tempered with punishment for students who falsely report bullying. Procedures have been enacted on how to promptly investigate complaints and when necessary, requires reporting to local law enforcement agencies, such as the school resource officer for criminal investigation. Reporting requirements will enable schools to be evaluated on how effectively they are responding to bullying and harassment.

While these laws are not going to totally end bullying and harassment, they will go a long way, especially if parents understand the law and teach their kids what is and is not acceptable. While it is often true that the bullies have themselves been bullied, it is also true that a large number of bullies only feel confident enough to perpetuate their ill deeds when they have an eager fan club egging them on and lending support. These silent co-conspirators who would ordinarily never knowingly try to hurt someone can easily get caught up in a bully gang bang, especially when they are young, insecure and looking for a place to fit in. These kids can be directed away from participating in bullying with some strong parental guidance. The school board has done its job. It is time for parents to do theirs.

For twelve years, Ken had been listed in The South Florida Legal Guide’s• “Top Lawyers.”  He is also rated AV® Preeminent ™ by Martindale-Hubbell and his peers. This is the highest rating an attorney can attain. Ken is also a Florida “Super Lawyer, ” as elected by his peers for ten years in a row.

Ken has over 30 years experience, concentrating his practice in the area of personal injury, medical malpractice and other types of injuries caused by neglect. Sobel Legal, serving all of South Florida. You Pay No Fee Until We Win For You. Free Consultation email Ken@SobelLegal.com  or Call 954-526-7007

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Following the tragic events at Marjory Stoneman Douglas High School in Parkland, I am hopeful that coming together to take action will lead to serious change. These bright youth are standing up strong to have their voices heard. Their power and bravery are incredible. They’ve started a movement to help overcome death and destruction, and to make sure this terrible tragedy never happens again.

You may want to join them, or already participate in a nonprofit or cause.

Here are six tips for getting involved to MAKE A DIFFERENCE:

• What’s it all about?

Information on any cause or organization is usually available to anyone who wants to get involved. Did you know that the Stoneman Douglas March for Our Lives will be held March 24 in Washington D.C.?  You can join them, or some of the other marches happening here in South Florida, and across the nation. Participate by planning to go and spreading the word about event schedules, pivotal updates and recaps of related events going on before and after it. Movements need to do just that—MOVE. Don’t sit still, stand up and fight.

• Snail mail.

Putting pen to paper helps create change. The weight of loads of letters to local lawmakers can help your cause get on their radar. Their contact information is public record. With a little bit of research, you can take that extra step to getting in front of those who are in charge of changing laws and bill making. Let them know you and your supporters are serious about making a change. You can even plan a visit to the State Legislature or Washington, D.C., to meet with lawmakers face to face.

• Letters to the editor.

National press coverage is great, but don’t forget your local leaders. Pen a letter to newspaper editorial board editors voicing your opinion. Letters should be no more than 200 words, if at all possible. They should also contain statistics to prove your point of view and help sway theirs.

• Show support.

Even the smallest bit of encouragement can go a long way. Volunteer at events. Contribute to official fundraisers. Wear a hat or T-shirt to stand in solidarity.

• Dial in.

Don’t be afraid to pick up the phone. Call reporters, television and radio stations. Let them know why what you’re advocating for is important, and why they should care. Invite them to attend events to learn more. Even if they don’t come, provide them with a recap, photos, video or a quote. Make their jobs easier by packaging it all together for them to share with their audiences.

• Use your social media platforms.

Social media is your friend. You can reach a tremendous number of people with a simple click. Start an online community group where people can go to discuss the next move, brainstorm ideas and connect with each other. With the way social media platforms are set up these days, consider investing a few dollars to boost your posts. This allows you to hand select your audience based off of age, gender, location, interests, occupation, education, income and more. By engaging in pay-for-play, you can be sure that your information is not only reaching an audience, but strategically reaching the right audience.

PRO TIP: Use a hashtag in all of your marketing and social media content. It is similar to using a slogan or logo in that it will make it easier to recognize your organization’s movement. People will be able to search for related news and posts, and join in on the conversation. #NeverAgain is one of the hashtags used to advocate for change in memory of the Parkland victims. It is both their message and mission, to never again have what happened on Valentine’s Day 2018. Their push for change started with victims and has since become an internationally known movement.

• Rally.

People around the country are impacted by similar issues every day. Use social media to bring people together. Partner with related associations, lobbyists and appointed officials. Take a step out of the office and join a march. Attend town hall meetings. Remind people to vote in elections. The more people behind your cause, the better. Evoke emotion. Get people fired up about change.

• Fight for the right.

The path to change will not be easy. You will face setbacks and opposition. Through it all, always remember that there will be someone on your side, supporting your efforts and all that you do. Don’t give up. Nothing worth having comes easy.

• Don’t stop believing.

We must continue to fight for what we believe in. You can help make a difference. If you don’t see a change, be the change!

We at Sobel Legal continue to be the change for South Florida, helping to protect the rights of injured for over 30 years. Call 954-526-7007 for a free case review.

Source: https://www.law.com/dailybusinessreview/2018/03/09/be-the-change-how-to-promote-a-cause-and-advocate-for-change/?kw=Be%20the%20Change.%20How%20to%20Promote%20a%20Cause%20and%20Advocate%20for%20Change&et=editorial&bu=Daily%20Business%20Review&cn=20180309&src=EMC-Email&pt=Afternoon%20Update

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https://abcnews.go.com/Lifestyle/simple-steps-stress-free-thanksgiving-travel/story?id=51280900

If you or a loved one has been injured while traveling, make sure you obtain experienced legal representation. Contact a personal injury lawyer who will help you every step of the way.  The Fort Lauderdale, Florida law firm of Sobel Legal will fight to obtain the compensation you deserve.  We offer a free case review and you pay no fees until we recover for you.  Contact us today by calling 954-526-7007  or email us at Ken@SobelLegal.com or fill out our confidential online form.

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