Wrongful Death Lawyer Blog

Home health care aides in Palm Beach County may be entitled to overtime compensation if they work more than 40 hours in any given workweek. A recent decision by the Pennsylvania Supreme Court, though not binding in Florida, approved overtime payments to in-home nurses and may have an impact on similar workers throughout the country.

Palm Beach County has a large number of home health care aides and nurses working in people's homes, due in part to its large senior citizen population. While the person receiving the care typically sets the hours and controls the type of services provided, most times the nurse is employed directly by a large company. These companies pay the in-home nurse an hourly rate, and, at least according to the Pennsylvania ruling, should pay them time-and-a-half for working overtime.

Who gets overtime pay?
The Fair Labor Standards Act, or FLSA, is a set of federal laws that determine who is entitled to receive overtime pay. Some employees, such as those in managerial position or professionals like doctors, are exempt from the FLSA and are not eligible for overtime pay. When an employer fails to properly pay his employee overtime, they may be liable for the amount of unpaid overtime, an amount equal to that in liquidated damages and attorney's fees.

Home heatlh care agencies tell in-home nurses and aides where to be and when to be there. They control the aides' schedules and determine how they will be paid. Home health care aides are typically hard-working and good-hearted individuals. They won't say no to a client who asks them to stay late and won't complaint to their employers about not receiving overtime because theya re thankful to be working. But if they work more than 40 hours in a week, they may be entitled to additional compensation.

If you feel that you are entitled to overtime compensation or other unpaid wages from your employer, contact the Palm Beach County Wage and Hour Attorneys of Greenberg & Stone today for a free consultation.

Palm Beach Personal Injury Attorneys Greenberg & Stone, P.A., have announced the opening of an employment law division in their Boca Raton office. The practice will now handle wage and hour cases in Palm Beach and Broward Counties.

Attorney Howard Weitzner will head the wage and hour division. The firm will focus its efforts on unpaid wages, overtime violations and minimum wage violations.

"In down economies, the ones who really feel the crunch are laborers and the working men," says Weitzner. "Companies become greedy and begin pinching pennies, with their employees the easiest target for their efforts to save a buck."

Continue reading "Greenberg & Stone Announce Employment Law Division" »

Homestead-Miami Speedway this weekend will host the Sprint Cup Series Finale. In gearing up for the weekend, Miami residents have seen a large number of 18 wheelers and tractor trailers filling the busy highways of South Florida. These monstrous vehicles emblazoned with Nascar logos and team sponsor signs are something to look at, a signal a great time upon us, but also bring with them great danger.

Commercial truck crashes are responsible for thousands of wrongful deaths and devestating personal injuries each year. Large companies putting profit ahead of safety fail to properly qualify and train drivers, and push them to ignore state and federal regualtions regarding service hours, maintenance and speed. Because of the sheer size and speed of the vehicles involved in a tractor-trailer crash, the injuries are usually much more severe than those found in a car accident.

Drive Cautiously Around Trucks

Though this weekend's Nascar Race at Homestead-Miami Speedway is sure to be exciting, it is important to drive carefully on the highways in the days leading up to and following the event. Maintain a safe distance from trucks, as the driver may not be able to see you even though you see him. Don't pass trucks on the right side and be sure to give them adequate breaking time if you are in front of them.

If you or a loved one has been injured in a trucking accident, it is important to hire an experienced truck accident attorney immediately so that they may begin their investigation and gather valuable evidence. Contact Miami Truck Accident Attorneys Greenberg & Stone today for a free consultation.

More than 4,000 people died in motorcycle crashes in the United States last year, the National Transportation Safety Board said in a report in which it urged all states to make helmets mandatory for motorcycle riders. The 4,400 motorcycle crash deaths last year are more than all aviation, rail, marine and pipeline wrongful deaths combined. The report also states that, although other traffic fatalities have declined over the past decade, motorcycle deaths have increased steadily.

The National Transportation Safety Board also states that the United States has far more traffic fatalities than other wealthy countries. Other nations have seen their traffic fatality rates drop considerably due to programs such as speed cameras and speed measuring devices, sobriety checkpoints and mandatory motorcycle helmets which have been vehemently opposed in the United States. It is believed that, if these or similar programs were implemented here, thousands of lives could be saved.

Use Care Riding in Palm Beach
Not all states currently have mandatory helmet laws. Florida does not require a motorcycle rider to wear a helmet if they carry the minimal $10,000 in insurance to cover the medical bills. This is particular troubling as head injuries and traumatic brain injuries are the leading cause of death in motorcycle crashes.

Continue reading "Motorcycle Deaths Rise in Palm Beach County, Nation" »

A Boca Raton CVS continues to make prescrption errors after being featured on local news outlets in 2009. The prescription errors are happening at an alarming rate this busy Palm Beach County pharmacy.

A Boca Raton woman was recently negligently given a prescrition for another customer. The CVS gave her a medication which is prescribed for those with high blood pressure. The woman's doctor had not prescribed this medication, as she did not have high blood pressure. The prescription error was discovered after she took the medication for almost one month. She is currently under her doctor's care and is contemplating litigation.

The CVS is located at 7016 Bera Casa Way in Boca Raton and was in the news after Palm Beach County Prescription Error Attorneys Greenberg & Stone represented two Boca Raton women injured by pharmacy errors in 2009.

Continue reading "Boca Raton CVS Continues to Make Prescription Errors" »

A Palm Beach County assisted living facility paid a $7,500 fine to the Florida Agency for Health Care Administration last month following the death of a 93 year-old resident who had advanced Alzheimer's Disease. Homewood Residence at Delray Beach, which denied any responsibility, voluntarily paid the fine as part of a settlement with the agency. The incident provides a spotlight on the issue of nursing home injuries and negligence in South Florida.

The resident, Michael Gruen, died after drinking dishwasher detergent that he had found in one of the dementia unit's kitchen. This was the third time in two years that the State has fined Homewood Residence at Delray Beach. An investigation by the Department of Children & Families determined that Mr. Gruen's death was an accident and that no intentional abuse or neglect was involved at the nursing home.
Brookdale Senior Living, the owner and operator of the Palm Beach County assisted living facility, operates more than 70 senior living and retirement communities in Florida, including eight in Broward and Palm Beach counties.

South Florida Nursing Home Negligence on the Rise

Continue reading "Delray Beach Assisted Living Facility Fined After Resident's Death" »

Thousands of Palm Beach County residents are potentially subject to a recall of a defective prosthetic hip manufactured by Depuy Orthopedics, a subdivision of Johnson and Johnson. Depuy Orthopedics has instituted a recall of its ASR XL Acetabular Systems and the ASR Hip Resurfacing Systems. The products were used in hip replacement surgeries from July 2003 through August 2010. Approximately 93,000 of the defective hips were used in surgeries worldwide.

Inadequate testing, poor design and placing corporate greed ahead of public safety and welfare are all to blame for the use of the defective product. Some reports have stated that Depuy first began receiving reports of the defective ASR hip systems as early as 2007.

It is believed that the artificial joint is too small and shallow and that the device fails to bond properly resulting in a loose implant. Hundreds of reports have been made to the FDA about the Depuy ASR hip system, with complaints of loose hip cup, stained tissue and pseudotumors being found around the joint. More than 1 in 8 of the Depuy hips need to be replaced within 5 years, a failure rate of over 12%.

Continue reading "Defective Depuy Hips Found In Palm Beaches" »

More drunk drivers will be on the road as winter approaches. Holiday celebrations with family, friends and coworkers surrounding Thanksgiving and Christmas are often accompanied by alcoholic drinks, leading to more intoxicated drivers on Florida roads. December and November had the second and third highest number of fatal crashes last year, according to the 2009 Florida Highway Safety and Motor Vehicle report.

Fatal car accidents caused by drunk driving are preventable and inexcusable. Rather than celebrating the holidays, some families will be devastated by the loss of loved ones in fatal car crashes caused by drunk drivers. When drivers make the decision to get on the road after drinking, they should be held responsible for the harm that they cause.

Filing a Wrongful Death Suit After a Fatal Car Accident

Florida law allows certain surviving family members to file a wrongful death lawsuit after a death caused by another's negligence or wrongful act. No amount of money can take away the pain suffered from the unexpected loss of a loved one. However, a wrongful death lawsuit after a fatal car accident allows the victims' family to recover financial compensation for damages including the following:

• Funeral and end-of-life expenses
• Loss of earnings
• Loss of companionship
• Medical expenses incurred as a result of the accident

Punitive Damages Also Available

Punitive damages may also be recoverable after a fatal car accident caused by drunk driving. "Punitive" means "punishing" or "punishment." Florida law allows a family to seek punitive damages in fatal accidents caused by reckless behavior such as drunk driving, as a means of deterring this behavior in the future. Drunk driving is inherently reckless and demonstrates a gross lack of care. Courts often allow the family of a drunk-driving accident victim to seek punitive damages after proving the driver was intoxicated with no further proof of recklessness.

A Wrongful Death Attorney Can Help

If someone you love has been killed in a car accident caused by a drunk driver, contact a knowledgeable wrongful death attorney, like those at Greenberg & Stone, P.A. An experienced attorney will thoroughly evaluate your claim and help you understand your legal options. For more information, visit us at www.sgglaw.com.

Related Resource: Florida Highway Safety and Motor Vehicles "Traffic Crash Statistics Report 2009"