FAQs

Safety is the number one priority after an accident:

• Are you and your passengers okay?
• Contact the police and call for an ambulance if necessary.
• Is your car in a safe location? If not, can it safely be moved to a better location?
• Check to see if others need help.
• Do not talk to anyone about the accident other than emergency personnel.
• Never accept blame or fault for the accident. You may be unaware of all factors that contributed to the accident (did a tire blowout, was the driver of the other car texting etc…).

While waiting for help to arrive take note of important information:

• If possible, take pictures of the scene, the cars involved, obstructions, skid marks.
• Collect name, address, driver’s license number, date of birth and insurance information from all other involved drivers.
• Write down the name, address, phone and email from all passengers and witnesses at the scene.

Once help has arrived:

• Confirm the officer writes an official accident report and ask how to get a copy.
• Ask for the officer’s name, badge number and contact information.
• If you are treated at the scene, get the EMT’s and/or the hospital’s contact information.
• If your car is towed, get the towing company’s contact information.

After the accident:

• Seek medical treatment. The shock of a collision my hide injuries, aches and pain for hours, days and even weeks.
• Do not talk to the insurance adjuster of the at fault vehicle without talking to an attorney first.
• Call Rubenstein Law 1-800-FL-LEGAL and put us to work for you.

Full coverage, can mean a variety of things and does not automatically include bodily injury. Your insurance company can provide clarification on your specific coverage.

At the conclusion of your treatment with a doctor, our car and motorcycle accident lawyers will request a final narrative of your condition. Once a physician has decided you are at Maximum Medical Improvement (MMI), some doctor’s assign, and insurance company’s request, a permanent impairment rating. It does not mean that you are back to the physical or mental condition you were at prior to the accident. It simply means your condition has stabilized and you have a loss. This is generally done pursuant to American Medical Association (AMA) guidelines. A permanent impairment rating technically is not called for as a basis at trial in an automobile case, but many automobile insurance companies like to have the impairment rating so they can evaluate the case.

Often the answer is no. Many motorcycle owners believe that they will be covered by their automobile insurance if they are involved in a crash. Unfortunately, this is not the case. In Florida, insurance is not required for the owner and rider of a motorcycle. Furthermore, the PIP coverage a motorcycle owner may have on his car will not cover the owner if injured on a motorcycle.

The complexity of the accident as well as the particular injuries sustained will determine the time frame of the outcome. We resolve our client’s cases based on an understanding of their current and future medical conditions. Usually victims must have completed treatment for injuries before a case can be resolved. Once our law firm becomes involved, the average car or auto accident case is resolved within eight to 12 months.

If you have been injured in an accident on our Florida roads or highways, the personal injury lawyers at Rubenstein Law can help. For a free consultation and case evaluation, call us at 1-800-FL-LEGAL, we are available 24/7 including nights and weekends to answer your call. We will come to your home, hospital room, place of employment or you can visit our nearby office in Broward, Miami, Orlando, Tampa or West Palm Beach.

We are experienced in a multitude of practice areas including Car, Truck and Motorcycle Accidents, Company Vehicle Accidents, Wrongful Death, Defective Products, Pedestrian Accidents and Construction Site Accidents. Your choices do matter put our skills and dedication to work for you.

• Amusement Park Accidents
• Apartment Complex Accidents
• Building Collapse
• Carbon Monoxide Poisoning
• Construction Site Accidents
• Defective Premises
• Electrocutions
• Elevator/Escalator Accidents
• Equipment Malfunctions
• Exposure to Toxic Chemicals
• Falling Objects
• Fires
• Improper or Poor Lighting
• Lead Poisoning
• Loose mats in Entry Ways
• Negligent Security
• Railing and Balcony Accidents
• Retail Store Accidents
• Slip and Falls
• Swimming Pool Accidents including Drowning
• Wet Floors with No Warning signs
• Workplace Accidents

Generally, you have 4 years from the date of your injury to file a lawsuit. In cases where your claim is against an entity owned by the State of Florida, you only have 3 years from the date of your injury to notify the applicable government entity, and if your notice does not meet certain notice requirements, it could be barred.

Due to the wide variety of cases, it’s nearly impossible to determine what a premise liability injury is worth without additional details specific that case. When a client comes to Rubenstein Law with a premises liability case or a slip and fall accident injury, there are many aspects to consider including:

• The cost of your current and future medical bills
• Lost wages you were unable to earn due to the injury.
• The cost of future lost wages that you would have earned had you not been injured.
• The pain and suffering you and your family members endured due to your injury.
• Combining these factors with the rules of law, our experienced Florida premises liability lawyers can better answer this question as it relates to your specific case.

An average premises liability case will take approximately one year to resolve, depending on the complexity of the issues involved and severity of injuries.

Callous, lazy or ineffectual property owners create hazardous conditions where people can suffer catastrophic injuries including, brain and spinal cord injuries, back injuries and broken bones. If you have been injured due to the negligence of a property owner, the personal injury lawyers at Rubenstein Law are here to help you. As your premises liability lawyer, we will help you find proper medical care and fight to make sure you receive the right compensation for your injuries. Call 1-800-FL- LEGAL for a free case evaluation. We are here 24/7, weekends and nights to answer your call and with offices across Florida, we represent clients throughout the state.

We are experienced in a multitude of practice areas including Wrongful Death, Car, Truck and Motorcycle Accidents, Defective Products, Company Vehicle Accidents, Pedestrian Accidents, Shipping/Boating Accidents, Defective Implants and Medical Devices and Construction Site Accidents. Your choices do matter, put our experience to work for you - call or visit Rubenstein Law today.

• Cooper Tire Recall
• Bridgestone Tire Recall
• Yokohama Tire Recall
• Continental Tire Recall
• Firestone Tire Recall
• Kelly Springfield Tire Recall

A majority of rollovers occur when the vehicle is run off the road and hits the curb, a ditch, soft soil, or other objects. A vehicle’s lack of stability also contributes to the chance of a rollover accident. The National Highway Transportation Safety Association has found that sports utility vehicles (SUVs) and some trucks, tend to be taller and narrower than other vehicles and are often more likely to rollover.

A variety of factors can cause belt and tire tread separation, but the most common cause of separation involves metal failing to stick to the rubber. When the sulfur inside the rubber is improperly mixed or there’s an issue with the brass plating on the metal, improper adhesion occurs. If these two do not bond correctly, separation occurs and this can cause serious accidents with catastrophic results. Often times, manufacturers are aware there is a problem in the production process but fail to rectify it in order to save money. If a manufacturers defective tire contributed an accident that caused serious injuries to you or a loved one, Rubenstein Law would like to help. Our experienced product liability lawyers are here for you. Call now at 1-800-FL-LEGAL for a free consultation.

The accident lawyer who handles your vehicle rollover case will research your particular accident and consult with experts. The amount of money required to litigate can be high. An average case can cost between $50,000 to $200,000. We will advance those costs for your case. You will only be required to pay Rubenstein Law back for the costs in your case if you win.

Your choice does matter. If you or a loved one has been injured in an auto accident caused by a recalled or defective tire, call the personal injury lawyers at Rubenstein Law immediately. We represent clients across Florida. We are here for you 24/7, nights and weekends at 1-800-FL-LEGAL (800-355-3425). We will come to your home, hospital room, place of employment or you can visit a nearby office in Broward, Miami, Orlando, Tampa or West Palm Beach.

We are experienced in a multitude of practice areas including Defective Products, Wrongful Death, Pedestrian Accidents, Nursing Home Abuse, Dangerous Drugs, Medical Malpractice, Auto Accidents and Construction Site Accidents.

A wrongful death claim is a type of case brought on behalf of the parents, children, or the significant other of a person who died as a result of another party’s negligence.

Spouses, children, and parents have priority when filing a wrongful death claim. If the deceased left behind no immediate family members, then grandchildren, siblings, and other relatives may file for damages.

Survivor Claims: Are losses due to the estate or heirs of the deceased loved one due to his/her death.

Bystander Claims: Are paid to a family member for the trauma experienced if they witnessed the death of their loved one.

A wrongful death can occur as a result of:

• Medical malpractice
• Car and auto accidents
• Product liability
• Premises liability
• Vehicle rollovers
• Boating accidents
• Other negligence

When the wrongful death lawyers at Rubenstein Law review your case, the damages/money you can recover is based on your unique situation.

Survivors can recover expenses immediately associated with the death including:

• Funeral and medical costs
• Mental anguish
• Pain and suffering
• Loss of the victim’s income & future earnings
• Loss of benefits/Social Security
• Loss of inheritance
• Loss of companionship and parental guidance

Losing someone you love is tragic and will irrevocably alter your family’s life. We want to help. If you have lost a loved one due to the negligence of another person or party, our experienced wrongful death lawyers can help. Speak with the legal team at Rubenstein Law today. To learn more about your legal rights following the loss of a loved one, call us at 1-800-FL-LEGAL, we are here for you 24/7.

Rubenstein Law is a personal injury law firm with offices in Broward, Miami, Orlando, Tampa and West Palm Beach representing accident victims across Florida. If you are unable to come into our offices, we will travel to you to discuss and evaluate your case. Our experienced attorneys are committed to defending your rights in personal injury matters including wrongful death, defective products, auto accidents and trucking accidents, premise liability and nursing home abuse cases.

Any structural damage to the brain tissue of a person that results in changes to rational thinking and or behavior in that person.

There is no standard answer, each injury is unique. Brain injuries are very complicated injuries to diagnose and to treat. Sometimes victims are not affected by any symptoms or diagnosed with any cognitive impairments until months after their accident. It is also very difficult to determine how long an injury to the brain will take to heal, as it may take months to years of cognitive and vocational therapy and rehab to know for certain the extent of the injury. A survivor of a traumatic brain injury (TBI) can face 5 to 10 years of intensive rehabilitation and medical care sometimes more.

The percent that an attorney charges varies depending upon the nature of the case. Complex and difficult cases often lead to a higher percentage fee. The percentage charged can also vary from law firm to law firm. It is common to see percentages from 33 1/3% to as high as 50%. There are many important factors to consider in choosing an attorney/law firm besides the percentage of winnings charged to you.

• Does the law firm have time to devote to you and your personal injury case?
• Does the lawyer have experience with your specific type of injury or death claim and do they have the skills to represent you and win?
• Does the law firm have the resources both financial and personnel wise to research and investigate your case as necessary?
• Does the law firm have relationships with & knowledge of the best industry experts?

The primary advantage of a contingency fee arrangement is that if Rubenstein Law fails to win your case, then you as the client do not pay anything. This is in contrast to the typical fee process where an attorney is hired and paid at an hourly rate and you are required to pay the attorney for their time regardless of whether the case is won or lost. Also, in hourly fee arrangements it is necessary to pay the attorney/law firm monthly to continue receiving legal services for the work done on your case.

According to the Florida Bar in a contingency fee agreement, the lawyer and client agree that the lawyer will not get paid any fees unless the case is won. Thus in a contingency fee agreement, the attorney does not get paid for his/her work unless he/she is able to win money for the client’s injuries and property damage. However, the client may be charged for costs such as court filing fees or expenses paid to witnesses. If you win, these expenses can be deducted from your share of the winnings. The Florida Bar requires the lawyer and client to enter into a written fee agreement at the beginning of the representation. This agreement should clearly state what portion of the winnings the lawyer will receive upon winning the case. The fee is generally a fixed percentage of the money won. An additional percentage may be added if the case is tried again or appealed to a higher court.

Contingency fee arrangements are common in slip and fall injury cases, automobile accidents, product liability, wrongful death, premise liability and other personal injury cases.

No. If we agree to investigate your claim, there is no charge to you, unless we win money for you.

Birth injuries are medical malpractice claims and generally you have two (2) years from the date the malpractice occurred to bring a claim. However, you should contact a birth injury lawyer as soon as possible because there are exceptions.

A lawsuit for airline negligence can often be filed in several different locations. Airline headquarters, location of accident among others. The aviation attorneys at Rubenstein Law will determine the best location based on the residences of the plaintiff, defendant, and witnesses as well as the prevailing laws, potential jury pools, and verdict histories and other factors.

Timelines vary according to the type of case. A catastrophic case like the Germanwings flight that crashed into the Alps would have a longer window than a less tragic accident that occurs during boarding. No two accidents are the same, call Rubenstein Law so we can assess the specifics of your case today.

1) Do not panic, some drugs are recalled for minor issues.

2) Play it safe. Consult your physician immediately.

3) Contact a product liability lawyer at Rubenstein Law at 1-800-FL-LEGAL. We will evaluate your claim at no charge.

• Don’t panic
• Contact your doctor and ask about warning signs
• Check the FDA website to read up on official warnings and advice
• Contact Rubenstein Law at 800-FL-LEGAL - put our experience to work for you

No, Stryker Biotech manufactures a similar product, called OP-1, which was approved by the FDA in 2001 for limited use. With 44% of the bone graft market, Medtronic is the industry leader, used in upwards of 100,000 spinal fusion surgeries each year.

Contact the personal injury attorneys at Rubenstein Law and we’ll do the work for you.

In 2008, the FDA released a Safety Notification warning the public about complications of transvaginal mesh for SUI and POP, but described complications as rare. In 2011, the FDA updated the Safety Notification to say complications were not rare.

In Florida, medical malpractice claims generally have a statute of limitations of two years from the date you knew or should have known about the negligent act. There are a few exceptions to this law and although they are not common it is worth your time to contact Rubenstein Law at 1-800-FL-LEGAL for a thorough evaluation of your case.

While the assailant is always to blame, depending on the circumstances there may be other parties who were negligent and may be responsible. The owner of the property may be responsible if they did something or failed to do something that made the parking lot unsafe. For example, if they did not repair broken lights and the darkness allowed the assailant to surprise you, or if there had been numerous robberies and they failed to hire security, they may be responsible. If there was a security company who was hired to watch the property, they may also be responsible if, for example, the guard did not make rounds as he should or did not come when you cried out. A negligent security attorney can evaluate your incident and determine who should be held responsible for your injuries.

1) Call 911 and report the incident or crime immediately and seek medical treatment

2) Take photographs of non-working or open gates/doors, broken lights, security company logos, etc.

3) Write down the names of any witnesses, employees, security personnel and any details about the incident

4) Contact a negligent security attorney

There may be other warning signs that point toward verbal, mental, and other forms of non-physical abuse. A Florida nursing home abuse lawyer at Rubenstein Law can help you if you suspect mistreatment has occurred to your loved one.

There are a number of warning signs for nursing home abuse. Some of these include:

• Poor hygiene
• Bed sores
• Bruises
• Wandering
• Malnutrition
• Weight loss
• Broken bones
• Dehydration

• Shaking, punching, slapping
• Sexual Assault - Sexual Molestation
• Over medication
• Excessive use of restraints
• Emotional and verbal abuse

If you are involved in a nursing home abuse claim with a facility, you should definitely move your loved one. If your loved one remains in that facility, he or she may be subject to more abuse and mistreatment by disgruntled nursing home personnel.

Yes, it is possible to settle a nursing home abuse case outside of court. In fact, 90 percent of cases are settled before actually going to trial, but if the case necessitates going to trial, we are experienced in taking on even the biggest organizations to protect our clients.

In the state of Florida, the Agency for Healthcare Administration monitors nursing homes by performing routine inspection and responding to any complaints. You can visit the Agency for Healthcare Administration website to learn about assisted-living center violations. If you learn that abuse has occurred in the nursing facility of a loved one, contact the nursing home abuse lawyers at Rubenstein Law.

If you believe your loved one has experienced an injury due to nursing home neglect and/or abuse, contact Rubenstein Law’s injury attorneys today. We have the skills and experience to handle your loved one’s case. We will also take steps to help prevent further mistreatment. We are available 24/7, nights and weekends. Your choices do matter. Contact Rubenstein Law today at 1-800-FL-LEGAL for immediate assistance.

It is the duty of the manufacturer to ensure that when a product is sold, it is safe for its intended use. Product liability law deals with the rights of an individual to seek compensation for personal injury or property damage that results from the proper use of a defective product.

Our first priority is to win the best results based on the individual parameters of each case. If your product liability case will achieve a better result from a settlement, we will fight for the financial compensation you and your family deserve. If your case would better be resolved at trial then the talented personal injury lawyers at Rubenstein Law are willing and able to take on the biggest manufacturers and/or insurance companies. We are fully prepared and experienced in trying the most serious cases to obtain the best results for our clients.

In general, there are three types of flaws that may make a product defective:

• Manufacturing defect: Where the product was designed properly, but the defect came about through the manufacturing process.
• Design defect: Where the product was essentially flawed because of its design.
• Failure to warn: Where a product, although otherwise safe, causes an injury due to the manufacturer’s failure to warn of a particular danger associated with the use of the product.

Do I still have a product liability claim?

Misuse of a product will not necessarily bar a claim from negligence in a product liability case. A manufacturer may bring up the misuse of the product as a defense in a negligence case to reduce the amount of damages owed, but cases of negligence can sometimes still be brought and won. As with any case, contributing factors are unique and strategies and outcome will vary.

Whatever your case may involve, a product liability lawyer from Rubenstein Law will be there for you.

Product defects that cause serious injury and even death cover a wide range of products such as:

• Cars
• Tires
• Makeup
• Cribs
• Toys
• Airbags
• Medical implants
• Ignitions
• Medications

For a free initial consultation, please contact our office at 1-800-FL-LEGAL (800-355-3425) to make an appointment. We are available to meet at your home or elsewhere if you are injured and unable to come into our office. The team at Rubenstein Law is available 24/7 to answer your questions and evaluate your personal injury case.