The More You Know: Headaches After Accidents

Vehicle crashes occur daily on our busy South Florida roads.  Unfortunately, injuries and even fatalities are often the result of these automobile accidents throughout the state of Florida.

Sometimes the collision results in what may appear to be only very minor or no apparent injuries.  In fact, those with head and neck injuries may experience delayed pain…feeling the damage only hours or days after the accident.  Whiplash symptoms may take days to materialize because adrenaline and cortisol flowing through your body right after the accident can mask the pain, allowing your brain to move beyond pain and respond to what it perceives as danger.  When the adrenaline and cortisol begin to dissipate in your system, the swelling and pain caused by the injury become apparent.

Brain injuries can cause severe, long-lasting damage.  Traumatic brain injuries (TBI) can be caused by a strong jolt to the head.  Traumatic brain injuries most often arise from injuries such as skull fractures and concussions, however, they may also come about from other less apparent trauma to the head.  Resulting health repercussions may include headaches, mood changes, sleep disorders, difficulty concentrating, memory problems, nausea, loss of coordination, speech or vision problems, and comas.  Traumatic brain injuries often require a high level of care, rehabilitation, and ongoing medical treatment.  Sadly, some accidents leave victims unable to care for and/or support themselves.

Individuals often assume that if they did not seek medical attention promptly after a vehicle accident, they are no longer entitled to obtain medical treatment paid for by an insurance company.  Under the Florida no-fault law, motorists may be entitled to benefits under their own insurance policy, or that of the vehicle they are a passenger, if treatment is received within 14 days after the accident.  The amount of coverage and benefits may differ as well depending on the severity of the injuries.

Generally speaking, you should always seek medical treatment promptly after an automobile collision if you feel you have sustained injuries.  If the medical problem is urgent, call 911 or go immediately to the ER.  If the injury is not an emergency, call your insurance company to report the accident and make sure they are aware you plan on seeing a medical professional.  Make sure to let your doctor know that you were involved in an auto accident and provide them with any claim information so their office can submit any bills and reports timely.

Once you receive medical treatment, we recommend that you find an experienced personal injury attorney to represent you and recover any lost wages and injury compensation to which you are entitled.  Goldman and Daszkal, P.A., is a reputable Florida based law firm and has been representing those injured in auto accidents and other personal injury claims for the past 27 years

When you contact Goldman & Daszkal, P.A., the firm will provide a free consultation to help you understand your rights and obligations.  A firm representative can meet with you at the law office or at a convenient location for you.  Then, your attorney can then take over the handling of your claim and contacting any remaining parties, allowing you to have peace of mind while you recover.  Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

 

Motorcycle Safety Awareness for 2017

May is Motorcycle Safety Awareness Month.  For our friends and family members who support their need for speed with adrenaline-pumping motorcycle riding, we urge you to read and share the following information to ensure each and every motorcycle ride is both exhilarating and safe.

For car and truck drivers

Share the roads!  Roads are designed for multiple types of vehicles, motorcycles included!  We urge you to pay special attention to motorcycles as these vehicles are challenged with safety issues unlike cars and trucks.  Motorcycles are smaller and less visible than cars.  Be aware!

For motorcycle riders

You already are aware that motorcycles are not only less visible to other drivers, but are much more dangerous in a crash because they provide no protection for the body.  Riding a motorcycle requires balance, good coordination, and the ability to follow road signs, speed limits, and respond quickly to changing road conditions.  Please make sure to be well rested and ready for the challenges of the roadway.

 Did you know?  Important facts to keep your motorcycle riding practice safe.

  1. Motorcycle riders are 6 times more likely to be injured in a crash than occupants of a car. [1]
  1. National crash data show that motorcycle riders are 27 times more likely to suffer fatalities than car drivers and passengers.[2]
  1. In order to legally drive a motorcycle, you need to pass a written and practical skills test to obtain a state motorcycle license to supplement your driver’s license. In addition, most states require motorcycle riders to take a motorcycle rider training course, but if your state doesn’t offer one, contact the Motorcycle Safety Foundation at https://www.msf-usa.org/ or (800) 446-9227 for the nearest class.  Contact your state licensing agency for license information.

Tips from the NHTSA

We urge you to review these important tips recommended for all motorcycle riders by the National Highway Traffic Safety Administration (NHTSA).

  1. Practice riding any new motorcycle in a controlled environment without traffic before taking it onto roads with traffic.
  2. Take a motorcycle rider training course and review how to handle the motorcycle in wet weather as well as in sand, mud, and with road debris.
  3. Before loading any cargo on your motorcycle, check the owner’s manual to determine where to place the load and if you’ll need to make any adjustments to the vehicle.
  4. Check that your motorcycle is safe to ride each time. Check the brakes, lights, signal, tire pressure and tread, and cargo.
  5. Communicate with your passenger that he or she should sit directly behind you, lean forward, and keep feet on footrests at all times.  The passenger should hold the driver’s waist or hips and keep legs and feet away from the muffler.
  6. Always ensure that you and your passenger wear a protective motorcycle helmet that meets the U.S. Department of Transportation (DOT) Federal Motor Vehicle Safety Standard (FMVSS) 218. Be sure to adjust the helmet so it fits properly and use goggles if the helmet has no shield.
  7. When riding, be sure to wear bright colored long sleeves and long pants to improve your visibility and protect you in the case of a crash.
  8. Obey all speed limits, traffic signs, and lane indications.
  9. Ride with the traffic flow and always drive defensively.
  10. Be alert and drive sober. Never ride a motorcycle after consuming alcohol or any prescription medication that might impair your ability to ride safely.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] National Highway Traffic Safety Administration

[2] National Highway Traffic Safety Administration

SnapChat, Speed, and Statutes

You’re familiar with Facebook, Instagram, and Twitter… and you’ve probably heard of Snapchat, the social media application that allows users to share photos and other content that disappear seconds after being viewed.  Snapchat also allows users to prominently display the speed at which they are traveling when using the app, a feature that is causing more scrutiny than perhaps originally intended.  Young drivers are using the speed filter feature while driving at excessive speeds so they can boast about it to their friends, causing tumult when their daring driving feats have harmful consequences.

In one case in Georgia, an 18 year old woman was driving in excess of 100 MPH, using her Snapchat speed filter to document her surplus speed to friends.  She crashed into another vehicle at 107 MPH, leaving the occupant with permanent brain damage.

Victims of such Snapchat-distracted driver crashes have filed lawsuits suing both the distracted driver who caused the accident as well as Snapchat.  In this aforementioned Georgia case, the judge’s ruling found fault with the young driver, but not with Snapchat.  The judge cited that Snapchat was protected by the Communications Decency Act, a law that provides immunity to the interactive computer service since they are not the publisher or speaker of the communicated information.  In addition, Snapchat noted that it has positioned itself as a provider of strong warnings to discourage anyone from using the app while driving.

The next question is whether the relevant digital evidence found in Snapchat will be allowed in court.  Thus far, a handful of cases involving juvenile delinquency have included convictions resulting from screenshots (taken by witnesses) of Snapchat videos immediately before the videos were automatically deleted by the social media platform.

Snapchat now has a Law Enforcement Guide on its site that covers the types of data that are possible to recover and how to request that data with a subpoena, search warrant, or court order. [1]

Another important question is if Snapchat will have a legal duty to restrict use of the speed filter since it appears that the main utilization for this tool is to enable users to document themselves driving at excessive speeds.  Although this appears to be fun and exciting for many Snapchat users and young drivers, there will be an ongoing debate regarding whether the damage caused by the use of the speed filter tool outweighs the benefits of it.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] https://storage.googleapis.com/snap-inc/privacy/lawenforcement.pdf

A Stands for April and Alcohol Awareness Month

Alcohol abuse is considered the #1 public health problem in our country.[1]  In addition, alcohol-related deaths are the fourth leading preventable cause of death in the United States. [2]  Excessive alcohol use is a serious, potentially fatal disease if left untreated. Frequent binge drinking, defined as consuming more than 4 alcoholic drinks for women and 5 for men on an occasion, can cause violent behavior and injuries and can lead to promiscuity and unintended pregnancies, as well as alcohol poisoning, liver disease and cancer.

According to the Centers for Disease Control and Prevention (CDC), 88,000 people die from alcohol-related causes each year.  In 2014, about 10,000 vehicle crash fatalities were deemed alcohol-related, according to the National Center for Statistics and Analysis.

But these numbers only tell part of the story.  2015 statistics from the National Survey on Drug Use and Health (NSDUH) show that 15 million adults in the U.S., ages 18 and older, consume excessive amounts of alcohol.  Nearly 10 million are men, with just over 5 million women falling into this category.  And, another 600,000 adolescents ages 12-17 are suffering from alcohol abuse. [3]

Yet, in 2015, only about 1.3 million adults and 37,000 adolescents received treatment at a specialized treatment facility.  [4]

What about the other millions of adults and adolescents who need treatment?

In 1987, the National Council on Alcoholism and Drug Dependence (NCADD) sponsored the first Alcohol Awareness Month to help increase visibility of alcohol recovery programs, making it easier to find help.  They also aimed to diminish the stigma of alcoholism and teach the public where individuals who abuse alcohol can get treatment and recover.

As part of NCADD Alcohol Awareness Month, the Alcohol-Free Weekend in April is a weekend push to generate public awareness about alcohol use and abuse, and how it affects our communities.  It’s a time to join together and help individuals who are struggling.

If you or a loved one needs treatment for alcohol or drugs, contact NCADD at 800/622-2255 or click here for the closest NCADD Affiliate.  NCADD provides confidential, one-on-one assessments by trained professionals to help individuals find the most suitable local treatment or recovery services.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] https://www.ncadd.org/about-ncadd/events-awards/alcohol-awareness-month

[2] National Institute of Alcohol Abuse and Alcoholism, Alcohol Facts and Statistics

[3] National Survey on Drug Use and Health (NSDUH)

[4] National Survey on Drug Use and Health (NSDUH)

Spring Newsletter

In The Firm

Goldman & Daszkal, P.A. recently welcomed experienced trial attorney, Mr. Nathan Hoy, to the firm. Mr. Hoy is an experienced litigator and legal counselor, with extensive experience in the areas of automobile liability, personal injury, wrongful death, and premises liability.

Mr. Hoy’s expertise with insurance and litigation draws from his experience as an in-house trial attorney for the largest automobile insurer in the state of Florida. In addition, Mr. Hoy worked for one of the largest insurance defense firms in Florida, focusing on defending insurance companies and businesses in the area of worker’s compensation. As a defense attorney, Mr. Hoy earned a reputation as an aggressive and professional litigator.

After many years of representing defendants and insurance companies, Mr. Hoy has chosen to utilize his skills and experience to represent individuals who have been the victims of negligence. He is committed to providing his clients with the utmost professional, aggressive and thorough representation.  Mr. Hoy can be reached at (954) 428-9333.  Click here for Mr. Hoy’s profile.

In The Community

Goldman & Daszkal, P.A. is committed to its clients and the community. Each year, the firm sponsors charitable events and attorneys participate in philanthropic and community events. We are pleased that we have been able to help support the following events in the last few months.

In February, attorney Sean Pleus attended the Red Door Luncheon at St. Andrews in Boca Raton benefiting Gilda’s Club of South Florida. Gilda’s Club is a non-profit organization named in honor of comedian Gilda Radner – one of the original cast members of Saturday Night Live. The organization, an affiliate of the Cancer Support Community, offers free programs for men, women, teens, and children as well as their families and friends who have been touched by cancer. Click here to learn more.

Sean Pleus also participated in a community event for Children’s Harbor alongside the Leadership Broward Class 35 project team. Children’s Harbor is a 501(c)(3) child welfare organization that aims to ensure foster children stay united as a family – keeping siblings together, raising them, and giving them the professional guidance they need to rebuild their lives. The event, hosted by the Community Project Team Sibling’s Rock, part of the Leadership Broward Class 35, provided a hands-on arts and crafts day for foster children.

The hosting group, Leadership Broward Foundation, Inc. is Broward County’s premier leadership development training organization with a 34-year history of preparing and connecting leaders from the business and civic communities to strengthen Florida’s future.

Goldman & Daszkal, P.A. is a proud supporter of Gilda’s Club and the Cancer Support Community, Leadership Broward, and Children’s Harbor. To learn more about Children’s Harbor, click here. For more about Leadership Broward, click here.

Goldman & Daszkal, P.A.
Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties. The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work. Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury. For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

Celebrating Safely on St. Patrick’s Day

While partygoers nationwide are donning their bright green shirts and drinking chartreuse-tinted drinks at themed St. Patrick’s Day parties, law enforcement officers are prepared and out on the streets looking for drivers who should not be on the road.

There are a few specific days throughout the year that the National Highway Traffic Safety Administration (NHTSA) observes a spike in serious vehicle accidents and fatalities related to drunk driving.  One of those spikes occurs in March each year — on St. Patrick’s Day. 

According to the NHTSA, approximately 40% of all vehicle accident fatalities around St. Patrick’s Day in 2013 were linked to driving under the influence.  Moreover, looking back at the statistics from 2009 to 2013, we can see that over 75% of the drunk driving fatalities involved drivers who had consumed at least double the legal limit of alcohol.

Here’s what you need to do before going out on St. Patrick’s Day:

  • Make your Patrick’s Day plans and designate a safe, sober driver, also known as the Very Important Partygoer (VIP).
  • Make sure your Uber or Lyft apps are ready to go just in case you need it. And you can always call a taxi.
  • Before you drink, leave your keys with a responsible person who is not going to drink.
  • Celebrate the person who agrees to be the designated driver. Instead of posting your own personal pictures or drinks, make the night about your Very Important Partygoer (VIP) on social media.
  • Check on your other friends and family members to ensure they have a VIP and a clear plan in place to get home safely.

Keep in mind that if you have a party and alcohol is served, you could be liable if one of your partygoers ends up in a crash linked to driving under the influence.  As an alternative, collect keys at your door and let guests stay or call a taxi or ride sharing service to get them home safely.

For St. Patrick’s Day and for every holiday, we encourage you to enjoy the celebrations, drink responsibly, and always have a sober way home.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

Community Events

Last month, attorney Sean Pleus attended the Red Door Luncheon benefiting Gilda’s Club of South Florida an affiliate of the Cancer Support Community.  A non-profit organization that Goldman & Daszkal are proud supporters of and a sponsor for this event.  The event was held at St. Andrews Club in Boca Raton and attended by hundreds of local professionals.

In addition, last month Sean also participated in the event for Children’s Harbor alongside the Leadership Broward Class 35 project team.  The group hosted an arts & crafts day and day made cupcakes with the kids from Children’s Harbor, a foster care group home.

Goldman & Daszkal are proud supporters of Leadership Broward and Children’s Harbor and are glad to sponsor them and contribute to the local community.

The following are a few pictures from both of the events.

About Gilda’s Club

Gilda’s Club is named in honor of comedian Gilda Radner – one of the original cast members of Saturday Night Live and is an organization that offers free programs for men, women, teens, and children as well as their families and friends who have been touched by cancer. Click here to learn more.

About Leadership Broward

Leadership Broward Foundation, Inc. is Broward County’s premier leadership development training organization with a 34-year history of preparing and connecting leaders from the business and civic communities to strengthen Florida’s future.  The programs help emerging and recognized leaders expand their skills and enhance their knowledge of local and state issues, as well as leverage their individual passion to make positive changes in our community.  Click here to learn more.

About Children’s Harbor

Children’s Harbor is a 501(c)(3) child welfare organization, founded in 1996 by a group of volunteers under the leadership of William Mahoney of Mahoney & Associates.  In 1999 the organization partnered with the City of Pembroke Pines by entering into a generous 30-year lease for their 8-acre campus Located in the western area of the City.  Click here to learn more.

Spring Break – Ready to Rent Your Place?

Have you ever booked your vacation accommodations through vacation property rental sites like AirBnB or HomeAway?

Have you ever considered renting out your property as a vacation rental? 

With the growth in the peer-to-peer (P2P) property rental market in the last few years, individuals across the United States are discovering a relatively simple, straight forward new revenue stream — renting out their homes via internet-based property rental companies such as AirBnb, VRBO, Flipkey and HomeAway.

If renting your home as a vacation rental is a tempting proposal, read these important tips before you sign up!

In the United States, people are realizing that they may be able to rent out all or part of their home for up to 14 days per year, tax-free.  The income from the two week rental may be a nice bonus, especially if it’s for a property you only use occasionally.  To find out if you are able to rent out your property and how to account for related taxes, consult with local property rental laws and a qualified accountant.

If you are considering renting out your place for over two weeks per year, you may be able to deduct  direct expenses related to renting out your home, including rental agency, advertising, cleaning, and repair costs.  To find out how to structure your rental property lease and taxes, consult your accountant and the property rental company of your choice.

 But what about property liability?

Although vacation rental property companies witness few incidents of major property damage, minor scratches and damage to furniture and the interior of the home is common.  How can you protect your property and the individuals renting it?

  1. Meet with your insurance agent and select an insurance policy that is optimal for you, your home, and the regularity with which you plan to rent out your home. If you rent out your home frequently, you may want to consider a landlord insurance policy or something similar that protects your home, furniture, appliances, as well as lost rental income due to damage, legal fees, and liability protection.   Another option is to require guests to purchase damage protection to cover any accidental damage.
  2. Make sure you include an ample refundable damage deposit in the agreement to deter potential renter carelessness and provide a means to repair damage.
  3. Keep updated photos of each room of the home as reference.
  4. Carefully document any damage with photos stamped with the date and time.  Include notes about the findings.
  5. Put a protocol in place for anyone who may visit the property during or after renter stays (e.g., cleaning or maintenance contractor.) Ensure that the protocol addresses what they should do if they find any damage.
  6. If the damage is small, you may want to consider it as general “wear-and-tear”.
  7. If there is more than basic “wear-and-tear” damage, take time to investigate the situation before making any assumptions. Contact the renter to discuss the damage; ask neighbors if they saw or heard anything.
  8. Depending on the extent of the damage, you will need to 1) consider whether it makes sense to keep the deposit, 2) determine if you should pursue an insurance claim, 3) decide that the damage is part of the property rental business and return a partial or full deposit, or 4) consider legal action.  Keep in mind that your decision – even if it’s completely justified –  may also be reflected as a negative review for your property on your vacation rental booking site.
  9. If you plan to make a claim against your property insurance for the damage, consult with your insurance agent first.
  10. If the damage was significant and the deposit won’t begin to cover it, it may be time to consider legal options. Consult a law firm with expertise in property liability such as Goldman & Daszkal, P.A.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

Florida Petextrians: Heads Up, Phones Down

Most Americans are well aware of the dangers of texting and driving.

But did you know that there have been dramatic increases in the number of emergency room visits for injuries caused by texting and walking?

Yes, you heard this correctly.

Texting and walking, also known as distracted walking, has caused over 11,100 injuries between 2000 and 2011, according to the National Safety Council’s Injury Facts 2015. [1]  Because of this, the National Safety Council has now included “distracted walking” as one of its categories under unintentional deaths and injuries in its annual statistics reports.

Since the 1970s, the number of pedestrian deaths has been decreasing.  And most pedestrian deaths and injuries were the result of individuals, mostly children under 15, darting out into the street.

Today, we are seeing a new trend.  Distracted walkers, also known as petextrians, are increasingly getting injured while carelessly walking and texting.  Keeping their eyes and minds on their phones results in a  lack of awareness of their surroundings, putting them at risk of running into objects, tripping, falling, and attempting to cross the street amidst traffic.

Accidental pedestrian injuries are now the fifth leading cause of injury-related death for children ages 5 to 19 in the United States.  And, the teen death rate is double that for young children.  In terms of injuries, the majority of injured petextrians are under 40.  But while many petextrians are young people, distracted walking injuries are not limited to the millennial generation.  According to the National Safety Council’s Injury Facts 2015, nearly half of all petextrian injuries happened to individuals over 40.  Nearly 80% of all injuries occurred due to a fall and slightly more than half of these injuries happened at home.

We all need to do something to help stop these truly senseless injuries!  Remember Head Up, Phone Down.  That’s the new slogan that’s receiving lots of buzz these days.  Remember this when walking!

Additionally, the following tips are recommended by NHTSA (National Highway Transportation Safety Administration) and NSC (National Safety Council) to help prevent petextrian injuries:

General Walking Tips

  • Avoid using a cell phone, headphones, or any electronic device while walking
  • Children under 10 should cross the street with an adult
  • Use designated crosswalks only
  • Wear bright and/or reflective clothing and walk in groups

Important Road and Sidewalk Tips

  • Do not assume a car will stop!
  • Make eye contact with drivers of oncoming vehicles to make sure they see you
  • Look left, right and left one more time (because a car can move quickly) before crossing the street
  • Be aware of drivers when you’re in a crosswalk; vehicles have blind spots
  • If your view is blocked, stop and move to a place where you can see oncoming traffic before attempting to cross

Walking is a great form of exercise and mode of transportation.  When walking, play it safe by being alert and attentive.  Keep your head up and your phone down to avoid distraction and injury.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1]  Injury Facts® 2015, the statistical report on unintentional deaths and injuries published by the National Safety Council,

Cruising with Care

Cruising is a great vacation choice for couples, families, friends, and multiple generations because cruising offers so many different activities wrapped into one.   Cruising can also be a great value — combining dining, overnight accommodations, and a myriad activities for a reasonable price.

But what happens when you’re on a cruise and your spouse comes down with food poisoning or the Norovirus?  What recourse do you have and what are your legal rights?

Cruising:  The Legal Side

First, it’s important to understand that cruise ships are considered to be “common carriers” — meaning that they must exercise the highest degree of care and diligence for the safety of their passengers.  Therefore, cruise ships are obligated to protect their passengers from harm and ensure that all passengers disembark safely at port.

Second, if a cruise ship passenger is exposed to hazardous conditions, and as a result, he or she is injured, the cruise ship company may be liable.  The injured passenger may file a claim against the cruise ship owner, the company selling the ticket, or the company chartering or operating the cruise.

Common cruise ship injury claims may include the Norovirus or the Norwalk Virus, a highly contagious gastrointestinal disease (and other illnesses from unhygienic conditions), food poisoning, slip and falls or other minor accidents on the ship, dock accidents, robberies, injuries resulting from accidents, fires, or malfunctions on the ship, medical negligence or malpractice, or physical or sexual assault that occurs on the ship.

In order to recognize your rights as a passenger, you must understand the cruise ship ticket contract.  Among other stipulations, the cruising contract covers the specific requirements necessary to file a claim.  It also outlines the imposed statute of limitations to file a lawsuit (how long you have to file a claim from the time the injury occurred), and the cities, states, or countries where lawsuits may be filed.   Since the statute of limitations is typically short for maritime lawsuits, failing to file promptly may prevent an injured passenger from obtaining compensation.  Additionally, if you agree to a settlement offered by a cruise ship representative, you may unknowingly waive your right to seek compensation for damages and/or medical costs.  Consequently, if you or a family member was injured on a cruise ship, contact a reputable attorney with expertise in maritime and personal injury law.

Cruising:  Preventative Care

If you are planning to take a cruise, follow these 9 tips to cruise with care:

  1. Take time to review and understand the fine print of the contract in your cruise ticket.
  2. Take out a travel insurance policy with a provision for medical evaluations since medical care may be inadequate on the ship.
  3. Since germs can spread quickly in small areas, protect yourself against contagious colds, viruses and the Norwalk virus by thoroughly washing your hands and taking normal flu season precautions.
  4. If you feel sick, visit the physician. Travel medical insurance may cover treatment.  Also, some ships will over cover treatment related to Norwalk virus or other highly contagious illnesses.
  5. While crime is not common on ships, keep a close eye on your belongings and don’t leave cash or valuables in your room.
  6. When visiting port cities, always use basic safety precautions. Keep your belongings on or close to your body.  Avoid becoming intoxicated.
  7. Steer clear of potentially illegal substances when traveling in ports. Laws in foreign countries may differ, so be sure to err on the side of caution.
  8. Immediately tell staff members if you smell smoke or see a fire, no matter how small.
  9. Never throw a cigarette butt or any lit match over the side in the trash or over a railing; it could start a fire. Unplug electric appliances when not using them.

Goldman & Daszkal, P.A attorneys specialize in maritime law and understand the complexities of personal injury lawsuits that may fall under state, federal and international maritime laws.  If you have a question about a personal injury that occurred on a cruise, contact our team at  (954) 428-9333.  

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.