personal injury blog

Personal Injury Blog

Supermarket Slip & Fall Accidents

Slip and fall accidents happen with regularity at grocery stores in Florida such as Publix, Walmart, Target, Aldi, Costco, and BJ’s, to name a few.  Injuries may be the result of wet floors, spills in aisles or restrooms, freezers that leak, falling products from shelves, product samples on the floor, rubber mats that become bunched up, or some other dangerous condition.  

Grocery stores have a duty to maintain their property in a reasonably safe condition.  Under Florida Statute 768.0755, if the grocery store had either actual or constructive (store was not aware but should have been) knowledge of a dangerous condition and failed to address it, they can be held liable for injuries sustained as a result of this failure to protect their customers.  

The burden of proof is on the plaintiff to show that the store was negligent, that it failed to address any dangers they either knew about or should have reasonably known about, and an injury occurred as a direct result of that negligence. 

A slip and fall can cause serious injuries that require you to seek immediate medical attention and continuing medical treatment.  Injuries we typically see after slip and falls in grocery stores, which may require visits to the emergency room, orthopedist, chiropractor, and/or physical therapist, include: 

  • Hip fractures
  • Knee, back, neck, shoulder, and arm injuries
  • Head injuries 
  • Broken bones
  • Sprains 

It is important to promptly receive medical attention after a slip and fall even if you are unsure the extent of your injuries.  Delaying medical treatment after a slip and fall can hurt your case if you decide to later pursue a claim. 

After you slip and fall, document everything.  Take photos or videos of the hazardous condition that caused your injury and ask the employees to create an incident report and provide you with a copy.  Write down the name of the employee who you spoke to and what their position was, and make sure you get the contact info for any witnesses who saw the incident.  Security footage may provide valuable evidence in your case.  In the event the store will not turn over evidence, we can subpoena it.  

A grocery store’s goal is to get the injury-causing substance or product cleaned up as fast as possible and erase any evidence.  A store manager’s bonus is often affected by the number of accidents on their premises.  Supermarkets will try to cover themselves and avoid liability.  This is why slip and fall accident victims need a skilled and knowledgeable attorney fighting for their rights.  

Glotzer & Kobren has successfully resolved countless premises liability cases involving slip and falls at supermarkets throughout Florida.  For example, our law firm secured a large monetary award for an injured party who slipped on water leaking from a freezer.  The store was aware of the leaky freezer but had yet to post a WARNING or CAUTION WET FLOOR sign. Another client slipped on a product that fell when the grocery store employee was hastily bagging her items.  We obtained a sizable settlement due to the negligence of the store employee who caused our client to sustain an injury.  

Upon suffering injuries due to a slip and fall, contact the attorneys at Glotzer & Kobren, P.A.  There’s NO FEE unless WE WIN money for you.  We are South Florida’s premier personal injury attorneys who get results for those who suffer accidents in supermarkets.  If you or someone you know was injured while shopping and need free legal advice, contact us today at 561-361-8677.

Making Spirits Bright

Warmest wishes for peace, prosperity, and health this holiday season.  To all who celebrate Christmas, Hanukkah, and Kwanzaa, may you and your loved ones have a spectacular holiday! 

Thank you for always entrusting us with your personal injury needs.  Our goal is to skillfully and compassionately help clients seek justice and secure full and fair compensation.  Through our commitment to excellence in the law, we work to achieve the best possible outcome for clients. 

Reflecting on the breadth and depth of our successes in 2022, we are filled with gratitude for our clients.  With deepest appreciation, thank you for your business.  Here’s to a bright 2023! 

If you or someone you know has questions about an accident, we are available 24/7.  It is important to speak with an attorney immediately after an accident to ensure that evidence is preserved and your rights are protected.  There’s NO FEE unless WE WIN money for you.  Our dedicated personal injury lawyers represent clients in Palm Beach, Martin, Broward, and Miami-Dade counties. 

Call: 561-361-8677
Text:  561-208-8904

Homeowners Insurance May Cover Personal Injury Claims

People are often surprised when they learn that homeowners insurance may cover negligent acts anywhere, not just in their home or on their property.  Accident and bodily injury coverage to third parties is more common than you might think in a homeowners insurance policy.   This type of policy is intended to cover your home and your family in certain cases of personal liability, and determination of such coverage is based upon the type of act that caused the injury and the terms of the policy itself.  

Accident victims will find that with the help of attorneys from Glotzer & Kobren, P.A. they can successfully make an injury claim against a homeowners insurance policy.  The lawyers at our firm will discuss the specifics of your case such as the insurance claim, personal injury claim, liability coverage under the homeowners insurance policy, and the homeowners insurance process generally.  We will evaluate all policy language to know whether your accident is covered and what the policy limits are.  We will identify the negligent parties to determine what coverage applies.   

Let’s take a look at an example in the case study below, which illustrates how an injured party may recover damages that resulted from another person’s negligence through a homeowners insurance policy.  In the following scenario, you will notice that there was negligence on the part of the tortfeasor who was careless and irresponsible in a manner that caused our client serious injury.  

Claims against homeowners insurance would usually be brought under the legal theory of negligence, which requires proof that the negligent party did not exercise reasonable care for the protection of others.  A homeowners insurance policy will not cover injuries resulting from an intentional act, however.

If you were injured due to someone else’s negligence, it is likely that the provisions of their homeowners insurance would cover your injury and/or damages, which may include:

  • Medical bills
  • Pain and suffering
  • Property damage
  • Lost income/lost earnings

Making a successful accident claim against a homeowners insurance policy begins with calling our experienced personal injury lawyers at 561-361-8677.  Speaking with an attorney immediately after an accident is strongly recommended to ensure your rights are protected.  Our goal is to swiftly resolve your case with the best possible result.  

Glotzer & Kobren aims to achieve justice and secure full compensation for our clients.  We invite you to contact us and see how we can help you.  We offer consultations at no cost to you and there’s NO FEE unless WE WIN money for you.  Call us today for an assessment of your case.  Our firm provides representation within the tri-county area of South Florida, including Palm Beach, Broward and Miami-Dade counties.

Don’t Be a Social (Media) Butterfly: Posts & Tweets May Harm Your Personal Injury Case

In the age of social media, nothing is private.  Social media content has the power and potential to misconstrue or even ruin your personal injury case.  Social media accounts provide insurance companies and defense attorneys with a valuable source of evidence to impeach your credibility, refute the cause of your injury or undermine the amount of damages you claim to have suffered.  

While your Facebook post or TikTok video may seem harmless or innocent, insurance companies use them to reject or reduce your compensation following an accident.  After your case is filed, the defense goes to work collecting evidence that could disprove or devalue your claim, and research usually begins with an online search.  Publishing on Twitter, Snapchat, TikTok, Instagram, Facebook or even LinkedIn can ruin your chances for building a successful case.  

The type of content that could be used to prove (or disprove) your claim includes geolocation data, information about your day-to-day activities and how you behave as a person.  Do not jeopardize your claim by posting, tweeting, sharing or commenting on social media.  What you show and tell can be used against you. 

Insurance claims adjusters, defense attorneys, at-fault drivers, employers and other parties involved in your accident will do whatever they can to minimize their own liability and decrease the amount they have to pay you.  As a result, they will research to find social media content that may reveal you engaged in regular activities; you participated in activities that contribute to exacerbating your injuries; or you engaged in activities that interfere with your medical treatment plan as prescribed by a healthcare professional. 

A post or photo is a snapshot of one specific moment in time where someone could be feeling less pain than usual or they could be putting on a brave face to celebrate a special occasion.  That singular image, post or tweet is then twisted by the insurance company into something devious or sinister.  It’s not fair but that’s how the insurance companies act.  Posts and tweets have the potential to seriously undermine the efforts of your legal team to secure the maximum compensation for your accident case.  Even if you select “private” in your social media settings, investigators have ways of gaining access and getting that information. 

At Glotzer & Kobren, we counsel you so that your social media feeds don’t derail your medical or financial recovery.  Social media should not compromise your case.  You will get better results if you retain skilled counsel immediately after you were injured.  Contact us 24/7 at 561-361-8677.

To protect your rights and get the best outcome possible for your personal injury case, we recommend that clients follow these Social Media Guidelines:

  • Avoid posting about your case and ask friends and family not to post about your accident or injury as well.
  • Limit activity on social media until your personal injury case is resolved.
  • Avoid accepting new friend requests or adding new connections while your case is pending.  It is possible that someone from the insurance company, defense counsel’s firm or a person connected with the defendant will try to gain access to your information.
  • Don’t delete profiles or individual posts or tweets as this can arouse suspicion of trying to hide or destroy something, and a court could deem it “spoliation of evidence,” which is prohibited.

The biggest risk is that your social media content will contradict the claims you make in your accident case. Your pictures, photos, location check-ins and statements may demonstrate you have different physical capabilities than you claim to the insurer or in court. 

The best way to prevent insurance companies from using information against you is to keep the details of your personal life private.  Avoid speaking with anyone about your accident.  

As an experienced personal injury law firm serving South Florida, our team of top-rated lawyers help clients minimize the impact of social media on their personal injury claims.  You can avoid being in a compromised position by showing your personal injury attorney your current social media profiles and seeking specific guidance.  This is also why speaking with an attorney immediately after your accident is the best way to learn what you should (and shouldn’t) do to maximize the award you may be entitled to.

Our attorneys understand the tactics that insurers use to avoid paying what they owe.  We will put our skills and knowledge to work on your behalf to fight for the compensation you deserve.  Contact our office at 561-361-8677 to discuss your injury claim.  There’s NO FEE unless WE WIN money for you. 

The Heart of Lawyering:  Clients, Empathy & Honesty

“Excellence is never an accident.  It is always the result of high intention, sincere effort and intelligent execution; it represents the wise choice of many alternatives – choice, not chance, determines your destiny.” ~ Aristotle 

We want you to make the right choice when hiring a personal injury law firm.  A Legal Client Satisfaction Report published in 2018 found that the rate of client dissatisfaction was three times higher for larger law firms than smaller ones.  The reasons underlying these survey results is clear:  Better communication, more compassion and added specialization are advantages of working with smaller law firms.  Boutique firms are often the best option for people facing legal challenges.  

Our North Star is putting our clients’ best interests first.  Our personal injury firm’s greatest concern is getting your accident case resolved efficiently and successfully.  “We care about our clients.  It’s that simple.  We will make every effort to ensure that our clients receive the best possible advice and representation,” explains Matthew Kobren.

Glotzer & Kobren recently had a client who was involved in a car accident with a student driver.  There was (only) $10,000 in available coverage, which we explained to the client at the outset.  However, a big law firm promised that they could recover more money.  As a result of this false promise, our client went to the large firm, and you can guess what happened next:  The case settled for $10,000, the exact amount we told the client was available.  However, that was not the end of the bad news for the client.
Florida law provides that both the new and previous attorneys are entitled to their fee, even if it amounts to more than one-third the contingency fee.  In a situation where a client comes to us after discharging another firm, we always tell the client we will take care of the former firm’s lien out of our fee so that the client is only paying the standard contingent fee.  In the case above, the large law firm took their entire contingent fee and the big firm paid us for the time and effort we put into the case out of the client’s portion of the settlement, leaving even less than the client stood to receive had he not fallen for the false promises. 

This is a prime example of how large firms may be uncaring toward clients because they know they will get a certain number of people through the “door” by outspending small firms on digital, TV and billboard advertising so they do what’s best for them and not the client.  Unlike a small firm, a big firm’s business model undervalues referral business. 

At our boutique law firm, client relationships are paramount since our clients are our number one referral source.  At big firms, there’s little incentive to make current clients happy because new clients are primarily gained through expensive advertising campaigns.  

Even with a smaller footprint, the quality of our client base has increased, and we have built a reputation for the work we do.  Smaller firms run lean as a matter of survival and that carries over to a more conscientious approach to customer service.  The large law firm model is a detriment to the client: Big firms pressure associates to bill as many hours as possible, thus minimizing their incentive to be efficient. 

At a small firm, a client that generates $250,000 in fees is incredibly valuable.  That same client is “small potatoes” to a large firm and would likely be treated accordingly.  Smaller, more financially nimble firms are able to step in and put people over profits.

Our personal injury practice serves all of South Florida and embraces success fees over flat fees or monthly retainers, which is why Glotzer & Kobren’s motto is, “NO FEE unless WE WIN money for you.”  We will always give you the best advice even if it means less money for us.  At Glotzer & Kobren, you are never just a number and you will be represented by a committed lawyer who will take the time to learn about you, along with your concerns and goals to obtain a full recovery.  

It is heartbreaking when large law firms make false and misleading promises.  Our exceptional team of powerhouse personal injury attorneys will work hard and fight hard for our clients with an emphasis on honesty, transparency and compassion.  Allow us to help you achieve the best outcome in your accident case.  Contact us at 561-361-8677.  

How the Technology in Your Vehicle Can Prove Liability

Your Car’s Black Box

Our personal injury law firm keeps our fingers on the pulse of advanced technologies since the latest innovations may help clients prove liability after a car crash.  Event Data Recorders (EDR) are an important technology tool present in most commercial and privately-owned vehicles.  This device can have a significant impact on personal injury litigation. 

Given that EDR captures large amounts of accurate data they are increasingly being used as evidence in car accident disputes.  EDR information can improve the strength of your case, especially where the other driver refuses to accept fault or lies about how the accident happened.  Even if the police don’t assign fault and nobody receives a ticket, you may still have a successful case. 

EDR is a form of accident reconstruction.  It is similar to an airplane’s black box:  Both piece together how a crash happened, and information that is obtained from the device can be collected and analyzed to determine what the vehicle was doing before, during, and after the crash.  The EDR takes a snapshot of an event to determine the most likely scenario on what caused the crash.  Attorneys may obtain data held in the recorder as part of the discovery phase of litigation. 

What Information Can EDR Collect?

Data pulled from EDRs may include the following, which can help piece together the sequence of events to explain why the crash occurred and assist attorneys in proving liability: 

  • Time and date of your accident
  • Speed at the time of the crash
  • Depth of accelerator pedal
  • Steering wheel direction
  • Seat position
  • Seatbelt usage 
  • Braking pattern
  • Throttle position
  • Warning lights
  • Airbag deployment status
  • Force of impact

These key data points can help shed light on the accident.  More often than not, no eyewitnesses to the accident come forward or recollections are unclear.  While parties may challenge the admission of the EDR into evidence if it was not in proper working condition at the time of the accident or the data is inconsistent with photos or measurements taken at the scene, EDRs often represent the most reliable and objective evidence in a case.  We work with qualified technicians to determine the reliability of the data recorded.

Hire an Experienced Lawyer to Help Establish EDR Evidence

Glotzer & Kobren, P.A. provides skillful representation for those individuals involved in car accidents, and our attorneys have substantial experience with EDR evidence.  We work with expert testimony concerning the calibration, results, and maintenance of the EDR system in vehicles.  Using this digital footprint to establish a timeline and accuracy of events, we can help accident victims determine who is liable.  

If you or someone you love was involved in a car accident, call 561-361-8677.  There’s NO FEE unless WE WIN money for you.