Injuries | Alan Goldfarb, P.A. https://www.goldfarbpa.com Fri, 04 Oct 2019 14:06:42 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Stunt Woman Sues Resident Evil Producers After Loss of Limb https://www.goldfarbpa.com/stunt-woman-sues-resident-evil-producers-after-loss-of-limb/ Fri, 04 Oct 2019 14:06:42 +0000 https://www.goldfarbpa.com/?p=4926 Read More »]]> British stuntwoman, Olivia Jackson, was the stunt woman for Milla Jovovich in the final installment of the film franchise, Resident Evil: The Final Chapter. The scene during which she was injured occurred in South Africa in 2015. The motorcycle that she was riding crashed into a camera that was not raised in time. As a result, Jackson suffered a severe injury that resulted in the amputation of her left arm. She also had to be placed into a medically-induced coma while the doctors saved her life.

According to the lawsuit, the producers agreed to pay Jackson’s medical costs but never made good on that offer. The complaint also states that a scene was changed at the last moment. Originally, Jackson was supposed to be filming a fight scene, but the producers changed the scene to a motorcycle chase. The plaintiff alleges that because the scene was haphazardly conceived and thrown together at the last minute, an avoidable mistake occurred. A camera that was supposed to rise as Jackson rode toward it, never rose. She collided with the camera.

Damages in This Lawsuit

Typically, work-related injuries would be covered under worker’s compensation policies. However, studios hire stunt people as independent contractors, not full-time employees. If negligence occurs and it is demonstrably the fault of those on the set, an independent contractor would be able to sue the studio directly. In this case, that is precisely what Jackson is doing.

Her damages are considerable. Not only does she claim the surgery that saved her life cost around $750,000, but she will now no longer be able to work in her chosen profession. She also says that she suffers from chronic pain and she has suffered a visible mutilation.

A lawsuit like this could reach eight figures. Presumably, stunt people make a decent amount of money. Her yearly would be prorated over the court of her remaining viable years of employment and she would be entitled to every penny that she would have earned during that period. The disfigurement alone is likely worth over a million dollars and there are still medical expenses and pain and suffering to add to that. In addition, there will likely be ongoing costs of care to deal with the loss of limb. Jackson can be compensated for any training she would require to pursue new employment.

In this case, negligence is very easy to prove. The camera was supposed to one thing, but it did something else and this resulted in catastrophic injury. The only way that the studio could insulate itself from liability is by claiming that a party independent of the studio was responsible for the accident.

Talk to a Miami Personal Injury Attorney Today

Injuries that result in amputation can be emotionally and physically devastating. They require major lifestyle changes and may compromise your livelihood. If you’ve lost a limb because of someone else’s negligence, talk to the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today for a free consultation.

Resource:

usatoday.com/story/entertainment/movies/2019/09/12/resident-evil-stuntwoman-sues-film-producers-after-stunt-crash/2306406001/

https://www.goldfarbpa.com/man-stabbed-in-bar-fight-sues-bar/

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Contractors in FIU Bridge Collapse Fined for Safety Violations https://www.goldfarbpa.com/contractors-in-fiu-bridge-collapse-fined-for-safety-violations/ Tue, 20 Nov 2018 00:34:57 +0000 https://www.goldfarbpa.com/?p=4111 Read More »]]> The contractors who designed the FIU bridge that collapsed killing 6 people and injured 9 others have been cited by federal authorities for rampant workplace and safety violations. On top of likely being on the hook for millions of dollars in wrongful death lawsuits and other injury settlements, the construction companies that employed the “rapid construction” process that ultimately proved fatal also will be facing fines for cutting corners in workplace safety measures.

According to the Occupational Health and Safety Administration, at least five companies were cited for not providing their employees with a safety line or remove their workers from the area when large cracks began to develop in the bridge.

For those who lost family members in the collapse, this comes as a welcome sign that at least someone is holding these companies responsible for not responding quickly enough to signs that a collapse was imminent. One worker was among the six individuals killed in the collapse and five others were seriously injured. One, Kevin Hanson, sustained a serious brain injury.

What Does This Mean for Plaintiffs in FIU Bridge Collapse Lawsuits

While there is an investigation still underway, the levies imposed by OSHA can be an indication of progress toward official findings. That OSHA found fault with the way these construction companies handled the news that the there were cracks in the bridge is telling. That OSHA was able to find that safety standards had lapsed to the point where these companies deserved to be fined bodes well for the plaintiffs in lawsuits against the construction companies.

At issue is the practicality of the rapid development method that was used to construct the bridge. While indeed, the bridge was constructed incredibly quickly, that speed seemed to come at the expense at the safety both the public and the company’s employees.

OSHA: “Companies Failed to Take Appropriate Action”

According to OSHA, the companies involved in the bridge’s construction failed to take adequate safety measures on the day that the bridge collapsed. The investigation found that the companies exposed their employees to fall hazards and allowed their employees to connect to a safety line that was improperly installed.

NTSB Still Conducting the Investigation

The notoriously methodical National Transportation and Safety Board is spearheading the investigation into the collapse. Much will depend on the NTSB’s finding though their tendency is to take a very long time to reach these conclusions. Criminal charges are still not out of the question and it is very likely that personal injury lawsuits will be allowed to move forward.

Alan Goldfarb Represents Victims in the FIU Bridge Collapse

The Miami law office of Alan Goldfarb P.A. is currently representing family members who lost loved ones and those injured in FIU bridge collapse. It is our opinion that the rapid development used by the bridge companies likely caused the project to be rushed and this resulted in the bridge’s collapse.

If you’ve been injured by another’s negligence, give our firm a call or contact us online to set up an appointed. We can help you recover damages for your injuries.

Resources:

miamiherald.com/news/local/community/miami-dade/article218594530.html

osha.gov/news/newsreleases/region4/09182018

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Can Social Media Destroy Your Personal Injury Case? https://www.goldfarbpa.com/can-social-media-destroy-your-personal-injury-case/ Thu, 08 Nov 2018 16:04:52 +0000 https://www.goldfarbpa.com/?p=4085 Read More »]]> As if personal injury attorneys did not have enough to deal with, social media is becoming a major concern as the age of mass media ushers in unprecedented access to our client’s personal information. Those who make careless comments, discuss their lawsuit, or even tell close loved ones that they’re feeling better if for no other reason than to set their minds at ease could put their lawsuit in jeopardy.

As personal injury attorneys, litigators, and those who understand how the game is played, social media accounts open up what security specialists refer to as an “attack surface”. It is thus always advisable to limit your visibility on social media to the extent possible.

Here, we’ll talk about some of the ways that you can do that.

Set Your Facebook Profile to Private

Setting your Facebook profile to private is a good way to prevent claims adjusters, private investigators, and opposing counsel from accessing your information. Or—at the very least—it makes it more difficult for them to access your information. They may attempt to request information during discovery but they will have to have some idea what they’re looking for with evidence to back up why it’s relevant. They can’t simply go digging through every aspect of your life until they stumble onto something that may call your claim into question.

As your attorneys, we advise you to set your Facebook profile to private so that others cannot use a picture you took in college against you at trial.

Locking Your Twitter Posts

If you’re a Twitter user, you can set your account to private and thus lock your posts from the public view. If your tweets are public, insurance companies and opposing counsel can and will use anything they can to compromise your lawsuit. This includes taking your posts out of context and/or framing them in such a way to hurt your case.

If your posts are locked, however, they will need to subpoena that information which may not be easy.

Social Media Destroys Cases and Sets You Up for Criminal Charges

Just so we’re all on the same page, insurance fraud is a crime. If you are making a claim against another party who is insured and you even so much as exaggerate the extent of your injuries you can be charged with attempted insurance fraud.

If you don’t believe us, there is an article posted on a prominent insurance claims website detailing the best way to force the discovery of your social media information. What you don’t want to do is leave your social media accounts wide open. If an attorney attempts to get that information from you the court will oversee what is and is not relevant to the case.

Your best bet is to lock or even disable your social media accounts if you intend on pursuing a lawsuit. It’s best to do this before you even file the case. This way you force them to push for discovery and that takes the power out of their hands and leaves it in the judge’s.

Talk to a Miami Personal Injury Attorney

The Miami office of Alan Goldfarb P.A. has successfully litigated multi-million dollar lawsuits and recovered millions in damages for thousands of clients. If you’ve been injured, contact us immediately and we can help you recover damages for your injuries.

Resources:

claimsjournal.com/news/national/2018/10/02/286988.htm

digitalspy.com/tech/feature/a552990/how-do-i-make-my-facebook-profile-private/

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