FAQs


At Rubenstein Law, we are dedicated to educating and informing our clients about their legal rights in regards to their injury claim. We are always willing to answer clients’ questions and address concerns about the various aspects of their individual case. It’s important to us that our clients understand the legal options available to them and are able make informed decisions regarding their case. With that in mind, we’ve included a list of our most frequently asked questions (FAQs) below. If you have additional questions or aren’t sure if you have a case, contact our injury attorneys today at 1-800-FL-LEGAL. We are here to help you.

General Questions
  • What does your firm do? How do you handle my case?

    Robert Rubenstein is in charge of your case, but we work as a team. The team includes attorneys in the office, legal assistants, and investigators. We will:

    • Communicate with all the parties and insurance companies to find out what the insurance policy limits are and whether any additional policies are available
    • Request copies of medical records to review and send to the insurance company or defendant
    • Send a demand letter to the insurance company or defendant
    • Negotiate with the insurance company or defendant until they make an offer that you approve
    • Attempt to negotiate any medical bills that had not been paid already
    • In cases where you do not approve a settlement, we may file suit against the defendant
  • How much money will I get?

    No one can promise you a certain amount of money, but we can promise you that at Rubenstein Law it is our priority to provide our clients with the best legal representation and win you the most money possible to compensate you and your family for your injuries. There is no way to know how much money you will get for your case, and you should be wary of anyone who claims they can guarantee a certain amount. Many factors affect how much you will receive, such as:

    • How badly you are injured
    • How long you receive medical treatment
    • The amount of your bills
    • Whether your earning capacity is reduced
    • How much insurance the party who is at fault has
    • Whether there is any extra insurance (such as an umbrella policy or uninsured motorist coverage)
    • Whether the employer of the party who is at fault is also liable
    • Whether the party who is at fault has any large assets
    • Whether the party who is at fault has any defenses
  • How long will my case take?

    Every case is different, and some cases take longer than others. On average a case takes twelve (12) to eighteen (18) months from beginning to end. Although most cases do not go to court, if your case does go to trial, it is possible that ​the timetable will be much ​longer. The timeline also depends on the duration of​ your medical treatment. Total medical expenses for reimbursement can’t be determined until medical treatments are completed and patients are released from care. Since a case can not be closed while medical expenses are still accruing this will directly impact how long your case is open. Other things can also delay a case, including insurance companies not cooperating, large hospital bills or medical liens that need to be negotiated, and/or clients moving without providing us their new addresses and phone numbers. Our firm will do everything we can to make sure your case is handled as quickly and carefully as possible.

  • Will my case go to court?

    Most of the cases our firm handles settle without needing to file a lawsuit. If there is a reason your case needs to go to court, we will explain all the options to you, and you will decide which option is best for you and your family. Your Rubenstein Law attorney will recommend which option we think is best, but the final decision is yours.

  • How will my case affect my government benefits (Medicare, Medicaid, SSI, SSDI, Food Stamps)

    Our clients are often concerned about how their case will affect their government benefits. For certain benefits such as Medicaid, SSI, Food Stamps, and Public Housing, there are steps that must be taken to make sure your settlement does not disqualify you for aid. There are a variety of ways to protect your benefits, and we will be happy to help you choose the one that is right for you when your case settles. Your settlement will not interfere with Medicare or SSDI benefits.

  • What is Personal Injury Protection (PIP) or No-Fault Insurance?

    Personal Injury Protection (PIP) is insurance that goes toward your medical bills and lost wages if you have a car accident or are hit by a car. If you own a car in Florida, by law you must purchase and your insurance company must provide you with PIP benefits. PIP is also known as “No-Fault Insurance” because you get to benefit from your PIP no matter whose fault the accident was.

  • How much of my medical expenses and lost wages will PIP pay?

    PIP insurance in Florida pays up to a total of $10,000 for the following expenses:

    • 80% of each medically necessary medical bill (see B-1 for more information)
    • 60% of lost wages (see D-1 for more information)
    • 100% of replacement services such as childcare, housekeeping, and yard work
    • up to $5,000 of death benefits
    • 80% of prescription expenses
    • Mileage Reimbursement

    Please remember that, unless you bought extra PIP insurance, it will never pay more than a total of $10,000 in Florida. You may also have a deductible to pay before PIP benefits begin.

  • What happens if I lose my case? Will I owe money to my doctors?

    If your case is not successful, your health insurance, Medicare, Medicaid, or PIP, may still pay some or all of your bills. Although we can make no guarantee, we have been very successful in favorably resolving our client’s unpaid medical bills.

  • My claim is against my landlord. Will he evict me?

    If you have a lease for a certain period of time, your landlord is not permitted to end your lease early, except under the lease terms. However, if your lease does not have a time period left on it, your landlord may require you to move out. The landlord must give you the correct amount of advance notice under Florida law.

  • What is the document called Statement of Client’s Rights that you gave me?

    This is a disclosure that The Florida Bar requires all attorneys give to their clients in personal injury contingent fee cases so that clients may better understand their rights. If you do not understand answers to any of the above questions or have additional questions that are not addressed above, you can always call our office at 1-800-FL-LEGAL (800-355-3425) and speak to an attorney. Or you can make an appointment to meet with an attorney in our office. The investigator is not an attorney and cannot answer your legal questions or explain any documents to you. He or she is simply delivering these documents to your home.

  • How will my case affect my health insurance?

    If your health insurance company has paid any medical expenses that are related to your claim, they will usually have a right to be reimbursed from your settlement based upon your contract with them. Although there are no guarantees, our firm has been successful in negotiating reductions of health care liens for our clients. Your health insurance should not be affected otherwise.

  • Who will pay for the wages I lost when I was too hurt to go to work?

    If you were in a car accident, PIP insurance will pay 60% of your lost wages, up to the $10,000 limit (in Florida) reduced by payments for other expenses such as medical bills (see section C for more information). Make sure to get a letter from your doctor specifying how long you must wait before returning to work, and a letter from employer stating that you have not been working due to your injuries. For the remaining unpaid portion, and for cases where there is no PIP insurance, the amount of your lost wages will be a factor when negotiating with the at fault party.

  • Will my or my family member’s insurance rates go up if I receive PIP benefits?
    • If you were not at fault for the accident your insurance rates should not go up from the accident.
    • The use of PIP benefits should not cause you or your family member’s insurance rates to go up.
  • Why do I have to use my own PIP insurance?

    The law in Florida as to how PIP insurance works is very specific, and there are only certain circumstances where you can use other people’s PIP insurance. Here is generally how it works:

    • If you owned a car at the time of your accident, you can only use your own PIP insurance, no matter what car you are in or whose fault the accident is.
    • If you did not have a car, but you lived with a family member who did have car insurance at the time of the accident, then you can use your live-in family member’s PIP insurance, subject to policy exclusions.
    • If you did not have a car and your live-in family members did not have insurance, but the car you were in during the accident has insurance, you can use the PIP insurance of the car you were in during the accident.
    • If you did not have a car and your live-in family members did not have insurance, and you were a pedestrian, you can use the PIP insurance of the car that hit you.
    • However, if you owned a car in Florida that was operable at the time of the accident and you did not have insurance, you cannot use anyone’s PIP.
  • Who pays for my doctors? Will I owe money to my doctors at the end of my case?

    Your health insurance, Medicare, and Medicaid may pay for some or all of your medical bills. If you were in a car accident, PIP insurance may also pay some of your bills (see section C for additional information). If you have any bills left over, Rubenstein Law will do our best to negotiate a reduced percentage of the remaining bills so that they can be paid with a part of your settlement. If we accomplish that, you will not owe your doctors money. Although we can make no guarantee, we have been very successful in favorably resolving our client’s unpaid medical bills.

  • Who pays for the costs in my case? Are they included in the percentage fee?

    There are certain costs that our firm pays on your behalf during the course of your case. These might include charges for:

    • Copies of records & reports
    • Mail expenses
    • Investigation expenses
    • Expert witness fees
    • Various other costs

    Similar to most personal injury firms, Rubenstein Law requires that these costs be paid back out of your settlement, separate from our percentage fee. If you do not receive any settlement or judgment, our firm will not require that you pay us back for the costs we paid on your behalf.

  • How much will you charge me for handling my case?

    Like most personal injury firms, Rubenstein Law charges a percentage of the settlement or judgment you get for your case. The percentage can vary on the type of case, whether we file a lawsuit or if your case goes to trial.

    • Please review your document called Authority to Represent. This document explains our fees in detail and the specifics for your case.
    • If you receive a settlement that is over $1 million dollars, the amount over the first $1 million may be charged a smaller percentage fee not to exceed 25%.
    • If it is determined that the proper defendant is a federal, state or local government entity, then the fee is capped at 20%.
    • If you do not receive any settlement or judgment, Rubenstein Law will cover all fees and expenses and you will pay nothing.
  • Should I use an attorney or handle the case myself?

    In making this decision, you may want to consider the following:

    • ABC news reported that Allstate Insurance Company circulated internal documents that stated that an injured person, represented by an attorney, received, on average, three times as much money as the personal injury victim who did not use an attorney.
    • Of course, recoveries in individual cases are based on individual facts and circumstances of the case, and are subject to reduction by attorney’s fees and costs.
    • Additionally, an attorney will find all of the different types of insurance available for your claim, such as bodily injury, uninsured or under-insured motorist coverage, PIP insurance, excess insurance, and employer insurance.
Transportation & Traffic Accidents
  • What to do after a traffic accident?
    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.
  • I have full coverage, why am I not covered?

    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.

  • What are the MMI and permanent impairment rating?

    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.

  • Does my auto insurance cover my motorcycle accident?

    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.

  • How long will it take to bring my auto accident case to a conclusion?

    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.

  • What is my next step?

    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.

Slip and Fall Injuries
  • What types of accidents are considered a Premise Liability or Slip & Fall case?
    • 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
  • How long do I have to file a slip and fall lawsuit?

    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.

  • What is my premises liability case worth?

    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.
  • How long will it take to resolve my premises liability 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.

  • What is my next step?

    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.

Tire Defects
  • Which manufacturers have issued tire recalls?
    • Cooper Tire Recall
    • Bridgestone Tire Recall
    • Yokohama Tire Recall
    • Continental Tire Recall
    • Firestone Tire Recall
    • Kelly Springfield Tire Recall
  • What causes a vehicle rollover?

    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.

  • Why do tire treads and belts separate?

    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.

  • How much money will my case cost and who will have to pay these costs?

    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.

  • What is my next step?

    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.

Wrongful Death
  • What is wrongful death?

    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.

  • Who can file a wrongful death claim?

    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.

  • What types of claims can be filed?

    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
  • What sorts of damages can someone recover in a wrongful death claim?

    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
  • What is my next step?

    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.

Head and Traumatic Brain Injury
  • What is considered a brain injury?

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

  • How long does a brain injury take to heal?

    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.

Contingency Fees
  • What percentage is typical in a contingency fee agreement?

    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?
  • What is the advantage of a contingency fee agreement?

    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.

  • What is a contingency fee agreement?

    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.

Birth Injuries
Airplane Accidents
  • Where do I have to file an airline accident lawsuit?

    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.

  • How long do I have to file an airline accident lawsuit?

    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.

Dangerous Drugs
  • What do I do if a drug I am taking is recalled?

    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.

Defective Implants and Medical Devices
Medical Malpractice
Negligent Security
  • Someone attacked me in the parking lot & I was robbed. Who is responsible?

    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.

  • What should I do if I’m a victim of a crime caused by negligent security?

    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

Nursing Home Abuse and Neglect
  • What are warning signs of nursing home abuse or neglect?

    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
  • What constitutes Nursing Home Abuse & Neglect?
    • Shaking, punching, slapping
    • Sexual Assault - Sexual Molestation
    • Over medication
    • Excessive use of restraints
    • Emotional and verbal abuse
  • If we are suing the nursing facility of our loved one, should we move them?

    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.

  • Can we settle a nursing home abuse case without going to court?

    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.

  • Are nursing homes monitored for possible abuse and neglect?

    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.

  • What is my next step?

    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.

Product Liability
  • What is product liability law?

    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.

  • Will my product liability case go to trial?

    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.

  • What causes a product to be defective?

    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.
  • What happens if I am injured while using a product for something other than its intended use?
    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.

  • What are some of the different types of product defects?

    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
  • What is my next step?

    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.

The staff was so professional, courteous, patient and very informative. D. Garcia, client (10/2014)
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