personal injury blog

Personal Injury Blog

‘Tis the Seas-Sun: Florida’s Dram Shop Law Explained

With the official start to summer now here, people are spending more time at bars, beach clubs, nightclubs, campgrounds, casinos, and BBQs.  But what if someone oversells or overserves alcohol?  Can a restaurant, bar, or host at a private residence who provides alcohol be held liable for the costs of an alcohol-related accident?  

The field of liquor liability is of increasing importance.  Drunk driving accidents and alcohol-related injuries happen with alarming frequency.  Florida’s Dram Shop statute may operate to the benefit of innocent victims of accidents who were injured by drunk drivers.   

A successful Dram Shop claim may provide victims and their families with compensation since a venue can be held liable for monetary and non-monetary damages, including: 

  • Emergency room care, surgery, inpatient hospital stays, rehabilitation, and medications (past and future medical bills);
  • Loss of future earnings;
  • Permanent disfigurement or disability;
  • Pain and suffering; 
  • Property damage;
  • Diminished quality of life; and 
  • Other substantial damages in the event of a wrongful death.

Florida Statute Section 768.125 (Dram Shop) provides that persons and entities can be held liable for resulting damages and injuries caused to third parties.  The law focuses on a venue’s liability for serving alcohol to anyone under the age of 21 or the establishment knowingly providing alcohol to someone who is “habitually addicted” to alcohol.  

However, this law does not apply to social hosts who provide alcohol at private gatherings.  Hosts of parties cannot be held liable for injuries caused by drunk drivers unless they willingly and unlawfully provide alcohol to a minor.  If alcohol is given to or accessed by a person under 21 at a private gathering, the host or property owner can face fines, civil damages, and even criminal charges.  

What types of accidents does the statute cover?  In addition to drunk driving, which is 100% preventable, the law applies to other alcohol-related accidents where intoxication was the main cause, including slip and fall (premises liability), water sport, and workplace accidents. 

If you have questions about Florida’s Dram Shop law, contact us to receive the support, compensation, and representation you need.  In some cases, several parties could be negligent and named as defendants in a lawsuit.  Speak with the experienced personal injury accident attorneys at Glotzer & Kobren, P.A. by calling 561-361-8677.  There’s NO FEE unless WE WIN money for you.  

Advantages of Hiring a Boutique Personal Injury Law Firm

In the world of legal practice, bigger is not necessarily better, especially when it comes to selecting a personal injury firm to represent your medical and financial interests after an accident.  Glotzer & Kobren, P.A. gives you personalized attention and walks you through every step of the process.  You will always speak with an attorney directly and get the answers you deserve.  While some may consider hiring a large firm because they recognize the name, doing so puts them at a disadvantage.  

One Size Does Not Fit All.  Though big firms advertise their “team” of lawyers as a benefit, it can also be a weakness.  The more people there are working on a case, the more opportunity there is for mistakes, misunderstandings, and fragmentation between team members, which can result in errors.  Large firms are forced to deploy cookie-cutter strategies that fail to capitalize on nuances in the law or subtleties surrounding the facts of a case.  At a smaller firm like ours, our attorneys have the time to conference, strategize, and fight for each claim.   Our attorneys deliver big results, providing sophisticated legal representation and personalized attention.  

When You’re Here, You’re Family.  You will never be just a number when working with our attorneys.  We pride ourselves on having a superior level of dedication and devotion to each client.  Lawyers at our firm provide one-on-one interaction with their clients, which is often unattainable at megafirms.  We care for every client that walks through the door as if they were a family member.  Our clients receive professional and attentive treatment.  Big firms do not operate this way as we hear time and again from clients who initially sought to hire a large firm that they were passed around to different paralegals and they never actually spoke to an attorney.  

Size Matters.  The value of your case may increase by hiring a boutique personal injury firm like ours.  Larger firms make money by taking in every claim possible and settling claims as quickly as possible, often with little concern for the best interests of the client.  Megafirms need to cover exorbitant overhead costs such as staffing, TV commercials, and digital advertising.  Choosing a small law firm with the desire and capability to give you and your case the attention and treatment they deserve is the smart, first step to take towards your recovery. 

Five-Star Service.  Our firm has cultivated a positive reputation in the community because local relationships are the cornerstone of our success.  We have a conscientious approach to customer service and aim to exceed expectations.   Our personal injury attorneys are dedicated to your recovery and results, which is why we are highly recommended by past clients for our skills and ability to achieve wins in court and at the negotiation table.  We have a five-star Google rating and glowing reviews that illustrate our experience, track record of success, and tireless work ethic.  

Our boutique practice in Boca Raton, FL serves all of South Florida, and we provide client-centric services that give clients a competitive advantage.  Our attorneys will be dedicated to handling your case and will have a full grasp on the intricacies of your accident claim.  We invite you to contact Glotzer & Kobren at 561-361-8677 if you or a loved one has been injured in an accident.  There’s NO FEE unless WE RECOVER money for you.  

Glotzer & Kobren Announces $1.3 Million Car Accident Settlement

The attorneys at Glotzer & Kobren, P.A. fight for every dollar our clients are legally entitled to.  We work tirelessly to deliver the best results for those injured due to the negligence or recklessness of others.  Case in point, the Boca Raton personal injury law firm of Glotzer & Kobren is pleased to announce a $1.3 million settlement award on behalf of our client injured in an accident on the roads of South Florida.  

This seven-figure settlement sends a strong message that accident victims represented by our law firm will not settle for less than their case is worth even if insurance companies attempt to slow play litigation hoping that plaintiffs will walk away or accept a lowball offer. 

In this case, the insurance company fought liability tooth and nail and tried to shift the blame to our client who had right-of-way and abided by the speed limit.  We established that the driver of the other vehicle illegally made a left-hand-turn hitting our client and causing severe injuries that required surgery.

“It has been an honor to represent this accident victim.  This legal victory in the amount of $1.3 million will vastly improve our client’s life.  We know this settlement will alleviate the burdens associated with the trauma of this accident, and provide our client with future medical and financial security,” Matthew Kobren, Esq. explains.   

Every day, countless Americans are injured in road accidents that aren’t their fault, and often their lives are changed forever.  These accidents can cause physical injuries, loss of earnings, pain and suffering, and possibly even future careers.  It’s common to feel overwhelmed after a car accident not knowing how serious or severe your injuries are with thoughts and worries about health and finances.  Medical bills, property damage repairs, and lost wages begin to pile up.   Therefore it’s vital that you seek a talented personal injury attorney to fight aggressively for your rights. 

Your case is the most important thing in the world to you, and you should reasonably expect the same of your lawyer.  It’s important to hire an attorney with knowledge, experience, and a track record of success to gather evidence of fault, proof of injuries, and help you maximize your recovery.  Unlike larger firms, who must settle a volume of cases, we never advise our clients to settle a claim simply to get paid quickly if we believe litigation will achieve substantially better results.  We place our client’s best interests above all else.  

As top-ranked personal injury lawyers with a five star Google rating, we help shape our client’s future by relentlessly pursuing justice and compensation for injury victims and their families.  We are with you and your loved ones every step of the way, counseling you while fiercely defending your rights.  Whether your case is big or small, you’ll be treated like family from the moment you call us until your case is resolved.  

We are here to help you and your family after an accident; to listen, to counsel, and to advise you.  The lawyers at Glotzer & Kobren have been representing injured victims for a combined 60+ years.  While future verdicts or settlements cannot necessarily be predicted from prior results, this $1.3 million settlement illustrates how Glotzer & Kobren has the experience and resources to go the distance and fight for your rights to full compensation. 

If you are involved in any type of motor vehicle, truck, motorcycle, bicycle, pedestrian, or slip and fall accident please call 561-361-8677.  There’s NO FEE unless we recover money for you.  Schedule your free, no-obligation consultation today.  

Collect & Protect Evidence:  What to Do After a Slip & Fall Accident

In a post-pandemic world, more and more people are venturing out to bars and restaurants.  Should you be unfortunate to have a slip and fall accident on somebody else’s property, document and preserve evidence to help support your legal claims and receive full and fair compensation.  It’s important to take the following steps immediately after a slip and fall incident:  

  • Photos & Videos of the Accident Scene:  Date-stamped photos and videos are one of the best forms of evidence, and they can easily be captured with a smartphone.  Photos and videos of the hazard in question will help prove liability and show how the accident occurred, for example, if you slipped on a wet floor or tripped over utensils on the ground.  
  • Security Camera Footage:  Not all premises have video cameras and even the ones that do don’t necessarily have surveillance covering every section.  However, make a note of any cameras you see and ask for a copy of the footage since some businesses have CCTV cameras that may have captured the incident.  
  • Preserve Clothing:  Liquid or other substances may cause a stain or mark on your clothing or shoes.  Save those items and take pictures.   Place what you were wearing during the accident in a safe storage spot.  These items may be relevant pieces of evidence later.
  • Incident Reports:  Restaurants, grocery stores, and theme parks may be required to fill out an incident report, so ask for a copy for your own records.  It is imperative to document whatever evidence there is and to report it to an employee/manager so there is a record of it. 
  • Eyewitness Statements:  Get the names and contact information (phone number, email, home address) of any witnesses who saw the fall or the substance on the floor, either before or after the fall.  Many times people don’t get witness information thinking the business or premises owner will document all relevant information.  However, it is not in the business’ best interest to document evidence and/or witnesses that will be bad for them. 

Glotzer & Kobren, P.A. recently had a case that illustrates the points above.  Specifically, our client was eating at a casual dining restaurant chain when she slipped and fell on an object on the way to the restroom.  She was unable to identify what was on the floor that caused her to fall.  Management spoke to her following the incident and got her to confirm that she couldn’t identify what was on the floor.  The restaurant initially denied the claim because she had the burden of proving there was something on the floor and that the property owner knew or should have known it was there.  However, we are pleased to report that our law firm was able to successfully resolve her claim and get her critical compensation for her injuries.  

Florida law requires businesses to keep their premises safe for customers.  But restaurants know that if they clean up what was on the ground, the injured person will have a difficult time proving a personal injury case.  Many times they will clean it up while the person is still on the ground.  This is why collecting evidence in slip and fall cases to demonstrate a defendant’s liability is critical. 

Our premises liability attorneys regularly assist victims who are injured because of landowners who fail to reasonably maintain their premises or to warn of known dangers that are not remedied.  Sometimes, the only damage in a slip and fall is a bruised ego or embarrassment.  Yet slip and falls may cause serious injuries and you may not even know how severe your injuries are until days after the accident.  A person might slip and fall but they don’t think they are hurt so they don’t report it or document the substance on the floor, which could jeopardize their legal claim.  

Unlike a trip and fall over an uneven flooring surface, a hole in the ground, or other condition that will take a repair to fix, a liquid or other substance on the floor is easy to remove and eliminate evidence of.  This is why you must be diligent about documenting what happened because if you fail to provide sufficient evidence, then you may not get the fair recovery you deserve.

If you’ve been injured in a slip and fall accident, you should speak with an experienced accident attorney right away.  Our law firm represents injury victims throughout South Florida, and we fight aggressively to build strong slip and fall cases for our clients.  Contact Glotzer & Kobren, P.A. personal injury attorneys at 561-361-8677.  There’s NO FEE unless WE WIN money for you.  

Tips for Communicating With Insurance Companies After an Accident

What You Say Could Put Your Car Accident Case at Risk

Heart-to-Heart Talk.  Consult an attorney before you talk to an insurance adjuster or insurance company.  If you have been contacted by an insurance company following an accident, it is in your best interest to call a trusted attorney as soon as possible.  It costs you nothing to speak to an attorney from Glotzer & Kobren, P.A.  Call us anytime at 561-361-8677

The more information you give to an insurance representative, the higher the risk you will say something to jeopardize your claim and reduce your compensation.   For example, when a police report is sent to an insurance company following an accident, the insurer may engage in double-talk and misinformation in order to get you to sign a release for a relatively small amount of money.  The insurance company couldn’t possibly know at that stage what are your injuries, treatment plans, and expenses.  This would mean your injury claim was settled regardless of what injuries you may have sustained, whether you realize it or not.  That soon after an accident, there is no way YOU or an insurance company could know what your injuries, required medical treatment, and expenses will be so you are unable to determine if their offer is fair or not.

Look Who’s Talking.  The best way to protect your legal rights is to contact an attorney immediately after a car accident.  When you are represented by an accident lawyer, the insurance company no longer deals with you directly.  Instead they communicate through your lawyer.  Let your personal injury lawyer do the talking and secure full compensation for your medical bills, pain and suffering, and lost wages.  

Insurance companies are focused on their bottom line.  They have powerful financial incentives to make sure you receive as little money as possible for your claim.  No matter how friendly an insurer seems, their job is to minimize the value of your claim.  That’s why you have to be cautious and careful of what you say when speaking to an insurance company.  From the moment you file a claim, the insurance adjuster begins evaluating reasons to deny or devalue your accident claim. 

Talk of the Town.   Insurers may demand information to “evaluate” your claim and want you to fill out mountains of forms, provide sensitive information, and give recorded statements.  They may do this to shift blame to the accident victim; allege that the policy doesn’t cover your injuries; or offer an early, low-ball settlement to reduce the risk of paying out a larger settlement or jury verdict later on.  You don’t have to fight the insurance company on your own — our lawyers take care of all communications, litigation, negotiations, and the claims process.  

To protect your interests, it is crucial to let your lawyer handle communication and negotiation with an insurance company.  Our personal injury lawyers represent accident victims throughout Florida.  We have dedicated our legal practice to fighting for the rights of accident victims.  Call us at 561-361-8677 to discuss your case.  

How Can Florida’s 14-Day PIP Rule Affect Your Car Accident Case?

14-Day Rule Defined

Failure to seek medical care within 14 days of an auto accident will cause you to lose your right to receive Personal Injury Protection (PIP) coverage, which could equal thousands of dollars in lost compensation.  In Florida, you have 14 days after an auto accident to be examined by a healthcare professional – physician, dentist, urgent care center, hospital or chiropractor – or risk losing $10,000 in compensation you may be entitled to from the PIP insurance policy every Florida motorist is required to carry.  PIP covers medical bills like emergency services, hospitals, diagnostic studies, a percentage of your lost wages, and more.  Under the law, you must receive treatment within 14-days of an accident to be eligible for these benefits. 

14-Day Rule Explained

As Florida personal injury lawyers with a combined 60+ years of experience, we recommend that you go to the hospital or a medical professional immediately after a car accident even if you don’t have visible injuries.  Your insurance company will deny your claim if you fail to seek medical care under the 14-day rule.  

Don’t Self-Diagnose … Seek Medical Attention ASAP

The following scenario plays out time and again, and we don’t want this to happen to you:  A person involved in an accident feels some pain that they figure will go away so they don’t seek medical attention within the required 14-day window.  However, the pain got worse and now they missed the deadline to receive PIP coverage.  

Additionally, certain injuries may not be immediately apparent such as whiplash and internal injuries, which is why if you are involved in an accident you should be evaluated by a medical professional immediately to preserve your right to PIP benefits.  If you have questions about which healthcare professionals qualify, call us at 561-361-8677.  No one should give up $10,000 in medical benefits. 

Case Study

You should hire an attorney as soon as possible after a car accident to help guide you through the process of navigating the insurance system and seeking compensation from the negligent party. 

In a recently filed lawsuit, a Glotzer & Kobren client was injured in an auto accident and she didn’t see a doctor until more than 14 days after the injury-causing event.  “The client retained us months after her car accident, so we were not able to advise her of the 14-day requirement for PIP benefits,” explains Matthew Kobren, Esq. “The big takeaway is to get checked out by a healthcare professional immediately after an accident.  Do not wait.”  

Contact our personal injury attorneys for a free consultation.  Our law firm represents clients throughout the State of Florida and our staff speaks English, Spanish, Portuguese, and Creole.  If you or a loved one was unfortunate to be involved in an accident, call Glotzer & Kobren at 561-361-8677.  There’s NO FEE unless we WIN.