South Florida Personal Injury Attorney Blog

One question I often get is, "what are contingency fees?" A case taken on a contingency simply means the lawyer's fees are due and payable only if there is a successful conclusion of the legal work. "Successful" usually means winning or settling a lawsuit in favor of the client (particularly in negligence cases), or collecting funds due with or without filing a lawsuit. In many states, such agreements must be in writing signed by attorney and client.

The fee is generally a percentage of the recovery (money won), but may be partly a fee for time worked and partly a percentage. Although fees are negotiable, a standard contingent fee in accident cases is one-third of the money won, unless particular difficulties exist with the case, making the attorney believe he/she has the right to ask for more. States vary but some put a cap on the amount of fee for cases handled for minors even if the parent as guardian ad litem agrees to more. Contingent fee agreements in criminal cases which depend on the outcome are unethical.

At the Law Offices of Robert Rubenstein, we get paid only after your case is resolved. If you have questions or think you may have a Florida personal injury claim, contact any of our three offices in Miami-Dade, Broward or West Palm Beach. Call 1-800-FL-Legal or go to rubensteinlaw.com.

Florida Wage & Hour Laws are pretty clear-cut and are designed to protect the rights of workers. But, as we've learned in recent weeks, companies don't always treat their employees fairly and within the law. Now, the US Department of Labor (DOL) is offering a high-tech tool to help workers keep track of their hours and even their paycheck.

DOL's new mobile apps are designed for employees to independently track the hours they work and determine the wages they are owed. This type of tool is designed to help employees who may not be getting paid the wages they've earned. With the app, they can talk to their employer about the disparity in pay. If that doesn't work, they can seek help from an experienced Wage & Hour lawyer.

The app is completely free and is also offered in Spanish: Una aplicación que permite a los empleados capturar independientemente las horas trabajadas y determinar el pago que deben recibir.

You may like your job and your employer, but if you're not getting paid what you deserve, you need an attorney with years of experience in Wage & Hour law to fight for your rights and your pay. At the Law Offices of Robert Rubenstein, we can answer your questions in a free consultation. Contact our Miami-Dade or Broward offices at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com.

Florida slip & fall accidents actually have an impact on the economy. This is according to a new survey by a national service professionals company (Cintas Corp). How? Every time a slip & fall accident happens on a restaurant's property, the result is fewer customers patronizing that restaurant. The survey was conducted to help restaurant owners better understand the implications of a slip and fall accident, by identifying how customers react to such accidents.

The survey found that nearly one in three adults -- or 60 million Americans -- would be unlikely to dine at a restaurant at which they knew someone had recently experienced a slip and fall accident. According to the National Floor Safety Institute (NFST), more than 3 million food service employees and more than 1 million restaurant customers are injured as a result of restaurant slips and falls.

The good news is the NFST is working to change that by helping restaurant owners implement safe floor programs. The goal is to reduce the likelihood of slip and fall accidents with a program to protect, maintain and deep clean floor surfaces, for example.

A slip and fall accident is terrible, no matter where it happens. If you've been injured in a restaurant or any other public place, you need an experienced slip and fall lawyer to handle your case. The consultation with our legal team is completely free. Contact the Law Offices of Robert Rubenstein at rubensteinlaw.com or call 1-800-FL-Legal (355-3425). We can help you get paid for your hard-earned work.

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Working overtime and not getting paid for it...that is just one of several allegations in a slew of lawsuits being filed around the country by employees of major chain stores. Pep Boys, Wal-Mart, even Monster.com are all the target of federal lawsuits filed by their employees who claim they were not paid for work done over 40 hours.

According to the US Census Bureau, one-third of American workers clock more than 40 hours per week, but they are not all being compensated. Now, they've had enough and are turning to experienced wage & hour attorneys to fight back. According to an ABC news report, ten current and former Pep Boys employees in three states are accusing the auto parts chain of altering their time cards to avoid paying overtime wages. Wal-Mart is facing dozens of state and federal lawsuits for, according to employees, pressuring workers to work off-the-clock, which is illegal.

The Fair Labor Standards Act says overtime work requires pay of one-and-a-half times regular wages. As more workers become aware of their rights, we'll likely see more overtime pay lawsuits. Already, Starbucks, for example, paid a group of California store managers $18 million to settle an overtime lawsuit.

How do you know if your rights are being ignored by your employer? Here's what to look for:

Told To Arrive Early To Work before you actually punch in? Are you told you have to work after you punch out? If you answered yes, then you are probably entitled to compensation.

Does Your Pay Stub Reflect Fewer Hours than you actually work?

Does Your Employer Deduct Time for Lunch Breaks even when you do not take lunch breaks?

Even If You are paid in cash you may have a case.

Even If Your boss has given you a title such as manager or supervisor and are paid a weekly salary and you work over 40 hours per week you may have a case.

If you think you have a claim, speak to our labor and employment law department staffed by a Florida Labor attorney and Employment Lawyers in order to get answers to your employment law questions. Our experienced legal team knows Florida overtime law and can help you get the pay you deserve. Our consultation is completely free. Contact us in Miami-Dade or Broward at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com. We can help you navigate employment law and fight for your hard-earned money!

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A Florida truck accident has claimed the life of Lauderhill woman. The 29-year-old died Tuesday morning while standing on the side of I-95, reporting her one-car crash to 911 dispatchers. The driver was northbound on I-95 near Brunswick when she hit a guardrail and bounced back into traffic. Police are not sure yet what caused her car accident, but while on the phone with emergency dispatch, truck diver, Carlos Borges Sores of Miami, struck and killed the woman. The 911 dispatcher heard the impact through the phone. The truck driver was not charged. Police have not released the woman's identity yet, but the dispatcher told investigators the woman's car had no working lights after her initial 3am accident.

Being out of your car on a highway is one of the most dangerous things drivers can do, but it is sometime necessary. If your car breaks down or is involved in an accident, the first thing you should do, according to the Florida Highway Patrol, is make yourself as visible as possible.

Here are some roadside safety tips (see rubensteinlaw.com for other car accident information):

• Pull as far away from the roadway as possible while staying on the paved road.

• If you are dealing with a flat or blown out tire, try to pull over into a flat area so that you can safely jack up the car.

• Turn your wheel away from the roadway so that it doesn't accidentally roll into the oncoming traffic.

• Turn on your emergency hazard lights (especially at night)

• If you are traveling with children and/or pets, move them to a safe location away from the car. If this isn't possible, make sure they are properly secured inside the car.

• Exit and enter the car using the door opposite the roadway to stay as far from moving traffic as possible.

• Use cones, reflective triangles, or flares to give you as much space as possible. At the minimum you should have 3 of these. Place the first flare at least 50 feet directly behind the car. Place the second flare midway between the first flare and your car, but a few feet further toward the open lane, place the last flare toward the end of your car and a few feet into the roadway so you can divert traffic away from your car.

Even the most responsible drivers sometimes find themselves in dangerous roadside situations. If you need expert advice from a Florida car & truck accident attorney, contact our legal team at...1-800-FL-Legal (355-3425) or go to rubensteinlaw.com for a free consultation. We have offices in Miami-Dade and Broward counties.

Injuries related to defective hip replacement products are climbing and now the U.S. Food and Drug Administration (FDA) is getting involved. In response to mounting concerns about the safety of metal-on-metal hip implants and a growing number of hip replacement recall lawsuits, the FDA just announced it will subject the devices to a two-day expert review that could lead to rigorous new standards. That's good news for consumers who received defective hip implants during hip replacement surgery.

An FDA's advisory panel is set to meet June 27-28. The panel will gather input from scientists, researchers, patients and medical practitioners to help regulators decide whether to impose new testing standards and review requirements to be met before a device can be sold in the United States.

Hip replacement surgery is a common, costly procedure; about 270,000 surgeries are performed each year in the US. Hip replacement surgery is intended to provide greater mobility and alleviate pain for people with joint problems, including arthritis. But evidence has been growing for years that all-metal hip implants fail at higher rates than systems that use other materials. Patients who receive them have also been shown to have high concentrations of metal ions in their blood.

DePuy, for example, is recalling the ASR™ XL Acetabular Head System and DePuy ASR™ Hip Resurfacing System. If you received a DePuy Hip Implant anytime since 2003 you may have an ASR Hip Implant system in place. The DePuy company may have known about problems with its product for some time. The ASR implants were taken of the market in Australia in 2009. Earlier this year the company warned doctors of the higher than expected failure rate of these products. Finally the company issued a recall. According to the companies own internal findings greater than 10% of people receiving these devices required a subsequent surgery.

Here are the warning signs for a potentially defective hip implant:

* Unexplained Hip Pain
* Thigh Pain or Groin Pain
* Pain with Walking
* Pain Rising from a Seated Position
* Pain with Weight Bearing

If you believe you were injured by a DePuy, Zimmer or Johnson & Johnson implant, you need an experienced defective products attorney. Our firm has years of experience with defective products and medical malpractice. For a free consultation or to find out if you may have a defective hip replacement device, call our experienced legal team at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com.

Florida birth injuries, while rare, are devastating for the victims and their families. Along with the physical and emotional trauma of birth injury, the financial burden can be just as devastating. Now, Florida lawmakers in Tallahassee agree. They recently passed House Bill 965, which is on its way to the Governor's desk. The claims bill would completely change the quality of life for Aaron Edwards, who was born with cerebral palsy 14 years ago in Lee County. In 2007, a Florida jury found that negligence by Lee Memorial Hospital employees caused Edwards' injuries during birth. The jury awarded nearly $31 million to Edwards and his parents, but the state's sovereign-immunity laws shielded Lee Memorial from having to pay that amount. Edwards requires around-the-clock physical care and he can only communicate with the use of a computer system.

National statistics find birth injuries occur in about six to eight out of every 1000 births. As any good Florida birth injury lawyer knows, many of these types of injuries are preventable and are caused by the careless actions of the doctors, nurses, and other healthcare workers. Our experienced team of Florida birth injury lawyers has handled a variety of birth injury cases, including:

o Brain Damage
o Cerebral Palsy
o Shoulder Dystocia
o Erb's Palsy
o Spinal Cord Injury

The most common type of birth injury occurs when doctors use instruments, such as forceps, to aid in the delivery process. These tools can be misused and easily harm a fragile infant. During times of distress, it is critical that doctors and nurses make sure the baby has enough blood flow and oxygen to the brain; otherwise, long-lasting and sometimes fatal injuries can occur. Oftentimes, a cesarean section may be necessary in order to avoid further injury to an unborn child, and a delay in performing a cesarean section may cause serious trauma. Harm can be also be caused by the misuse of vacuum extractors or forceps. If proper and prompt care is not taken during this critical time and a birth injury results, the attending doctor(s) may be guilty of medical malpractice.

At the Law Offices of Robert Rubenstein, our Miami-Dade & Broward team of birth injury attorneys and medical malpractice lawyers will thoroughly review the circumstances of your case to determine if your child suffered an injury during birth due to the negligence of healthcare professionals. The consultation is free. Contact our offices at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com.

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Florida's minimum wage just went up 36 cents at the first of this year. It's now $7.61 per hour. The minimum wage for tipped employees went up by the same increased amount to $4.65 per hour. This is the first wage increase since 2009.

Florida's minimum wage is the result of a 2004 voter-approved amendment to the Florida Constitution, and it applies to all Florida employees who are covered by the federal minimum wage. Under federal law, employers are required to pay either the federal minimum hourly wage or the states', whichever is higher. Since Florida's 2012 minimum hourly wage will remain higher than the federal minimum wage of $7.25 per hour, employers must follow Florida law.

Florida Employment Law and Wage and Hour laws are very specific and designed to protect the worker. Sometimes employers do not honor your employment rights and our employment lawyers can help you. If you feel your paycheck does not reflect what you're owed, look for some of the common things employers do to reduce the amount of money they owe you for your work:

• Denied overtime pay?


• Told to arrive to work early and start before you punch in?


• Fewer hours than you actually worked reflected in your pay stub?


• Paid in cash?

This Presidents Day weekend has been a rough one for the family of 36-year-old, Aaron Cohen. An avid cyclist, Cohen was struck and killed in a hit-and-run accident on the Rickenbacker Causeway Wednesday. Crash investigators used debris from the crash site to piece together what happened and ultimately traced the vehicle back to Michele Traverso of Key Biscayne. On Friday, Traverso was jailed after breaking probation on a previous criminal case. He was charged with possession of cocaine last May and had been previously charged with possession of marijuana back in 2009, according to public records. More charges are pending in the death of Cohen, a father of two.

Florida bike accident lawsuits are high because Florida has one of the worst bicycle crash rates in the country, especially regarding fatalities, according to the Florida Bicycle Association. Because there is no protection for the cyclist, aside from a helmet, the rate of serious injury or death is very high. Though bicycle lanes have been implemented in most areas, statistics indicate that these lanes interfere with the normal flow of traffic and can actually put bicyclists in more danger rather than giving them a safe lane to ride in. In the case of Aaron Cohen's bike accident, witnesses say he was riding in a designated bike lane on the Rickenbacker Causeway when he was stuck. The result was a fatal traumatic brain injury that is often the case in these types of bicycle/auto accidents.

There are exclusive concerns which must be addressed when handling a bicycle accident claim, such as issues involving the design of the road as well as the measures taken to protect against personal injury. The Law Offices of Robert Rubenstein, P.A. have handled hundreds of claims relating to bike accidents in and around the Miami, Florida area and have a team of professionals equipped with the necessary tools to insure that your claim will get sound attention. Contact our Miami, Florida personal injury attorneys and our Broward County personal injury attorneys today for a free case evaluation. 1-800-FL-Legal (355-3425) or rubensteinlaw.com.

New information in an early-morning tractor-trailer accident that shut down several blocks near the intersection of Coral Way and S.W. 84ht Avenue in Miami finds some of the teens involved may have been racing, according to police. Witnesses say two cars were traveling westbound on Coral Way when the Honda Accord collided with the tractor trailer as the truck was making a left turn. Four people, all between 18 and 20 years old, were taken to Kendall Regional Hospital's trauma center and Baptist Hospital respectively. One teen had to be taken out of the car with the Jaws of Life, and is in critical condition. The driver of the truck walked away unscratched.

Police are still investigating the cause of the crash, but say there is more than 150 feet of skid marks, so at a minimum, these individuals were traveling at 108 feet per second, possibly racing.

Miami-Dade police identified the four other people with injuries after the crash as Ana Posada, 18, who is in critical condition, Jovanni Oliva, 20, Anthony Emmanuel Del Rio, 18, and Moises Arnold Alvarez, 18.

For more information on Florida truck accident law, contact the Law Firm of Robert Rubenstein. We have offices in Miami-Dade and Broward counties. 1-800-FL-Legal (355-3425) or rubensteinlaw.com.

A 62-acre Florida brush fire is being blamed in the I-75 truck and car pileup that took 10 lives and injured dozens more this weekend, but new information has the Florida Highway Patrol (FHP) under fire for its decision to re-open the highway to more traffic after the first crash.

FHP responded early Sunday morning to a 3-car crash along the smoky stretch of I-75 near Gainesville and closed the road to all traffic. The responding patrolmen decided the highway was safe enough for travel and re-opened the highway just minutes before the second crash that ultimately led to the multi-car pileup. Florida Gov. Rick Scott has ordered an investigation into that decision. At least a dozen cars, six tractor-trailers and a motor home collided pushing drivers under the crumpling trucks.

According to the Associated Press a similarly deadly crash killed four and injured 38 people back in 2008 on I-4, just 125 miles south of Sunday's crash.

For questions regarding truck and auto accidents, contact the legal team at the Law Offices of Robert Rubenstein at 1-800-FL-LEGAL (355-3425). The firm handles cases all over Florida with offices in Miami-Dade and Broward counties. Rubensteinlaw.com

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Florida is among nine states listed in a Johnson & Johnson recall of thousands of tubes of its Aveeno Baby Calming Comfort Lotion. The Food & Drug Administration (FDA) sampled a batch of the product and found excessive levels of a naturally-occurring, but antibiotic-resistant, bacteria identified as coagulase-negative Staphylococci. The bacteria can lead to health problems with the central nervous system or lead to urinary tract infections.

Around 2,200 bottles of the lotion - with lot number 0161LK - have now been recalled from shops across Southern states, including Florida, Georgia and Alabama.

The Law Offices of Robert Rubenstein has more than 25 years experience with product liability and defective products cases. For a free consultation, call 1-800-FL-LEGAL (355-3425). We have offices in Miami-Dade and Broward counties.

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Florida Highway patrol is investigating a head-on crash that killed both drivers. It happened at mile marker marker 102 along US-1 in Key Largo Sunday evening. 79-year-old Ralph Sheffler was driving his van south while Maria Esteves, of Miami, was driving a north when, for unknown reasons, Sheffler crossed the center line of US-1 and crashed head-on into Esteves' car. She died at the scene. Sheffler was flown to Ryder Trauma Center in Miami, where he later died.

The Florida Keys are beautiful this time of year, but many stretches of the scenic drive south are single lanes. For this reason, it's crucial to stay alert and undistracted by the scenery while driving in the Keys. Out legal team at the Law Offices of Robert Rubenstein handles every kind of car, truck and motorcycle accident. For a free consultation contact out attorneys at 1-800-FL-LEGAL (355-3425). We have offices in Miami-Dade and Broward counties.

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A Miami-Dade man is recovering and lucky to be alive after his car plunged into Biscayne Bay this weekend. According to witnesses, the car drove into the water near Northeast 106th Street and Biscayne Bay. Five men jumped into the water and were able to pull the unconscious 81-year-old man through the driver's side window.
The driver is expected to recover and he's very fortunate.

Every year more than 10,000 drivers are involved in water immersion auto accidents. Of those, several hundred become trapped in their cars under water and die. There are life-saving tips all Florida drivers should know thanks to our many bodies of water here in the Sunshine State.

Once your car has entered water it usually takes between two and ten minutes for it to sink, depending on the speed of the car at the time of impact. If you remain calm and follow these steps, you have a good chance of getting to safety:

1. Stay calm. Take a deep breath then take charge of the situation.

2. Open the window(s). Tell all passengers to do the same or open theirs from your console. If your car is in a swift moving current open the window(s) on the side opposite the water flow direction. This will minimize water rushing in and it will be easier to exit. In strong currents exiting through a sun roof may be your best option.

3. Unfasten your seatbelt. If possible keep one hand on the open window ledge as a point of reference. As the car begins to sink it may roll over and this will help keep you oriented.

4. Exit through the window(s). If there are children or others less able in the car, if possible help them out and then exit immediately.

5. Swim to safety. If you are under water and not sure which direction to swim, allow a few air bubbles to escape your mouth and follow them toward the surface.

The Law Offices of Robert Rubenstein has more than 25 years experience handling all kinds of car and truck accidents. For expert help or answers to your accident questions, contact our legal team at rubensteinlaw.com or 1-800-FL-Legal (800) 355-3425.

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Broward County has taken a step toward safety for nighttime drivers at one local intersection. The county has made traffic light changes to the intersection where a teenager was killed in car crash three months ago by no longer allowing them to blink at night.

The traffic lights were blinking the night Alejandro Romeo, a student at Coral Glades High School, was killed at the intersection of Riverside Drive and Coral Ridge Drive. Romeo died at the scene. He was a passenger in a Honda Civic driven by his mother, Maria Uribe. The lights at the intersection were blinking red on Riverside and blinking yellow on Coral Ridge at the time, according to police. That's when the accident happened. A driver in a truck broadsided the Civic on the passenger side, where Romeo was sitting. After hitting the Civic, the truck careened into Riverside Elementary School. County officials are hoping this change to the traffic light will reduce confusion and, ultimately, car accidents.

For more information on Florida car or truck accidents, contact the Law offices of Robert Rubenstein at 1-800-FL-Legal ( 1-800-355-3425). The consultation is free.