The pastor generally blesses is patrons by gently touching them on their foreheads. The plaintiff alleges that, for whatever reason, when he got to her pushed her head with such extreme force that it caused her to fall backward where she cracked her skull on the hard floor below.

According to her lawyers, the plaintiff suffered from “mild traumatic brain injury” which she says she is still recovering from a year after the incident occurred. The plaintiff, who has been a member of the church for nearly 40 years, is claiming that the megachurch inadequately trained its pastors in the correct way to bless the faithful. She thus believes the church is at least partially responsible for injuries.

Church Member is Pursuing a Jury Trial

It’s unclear how much money the plaintiff is looking for in this lawsuit. She is alleging that the megachurch should be held responsible for her injuries, medical bills, pain and suffering, emotional distress, and that because of her injuries, she will suffer permanent psychological and physical problems.

The plaintiff says she has returned to the hospital several times complaining of headaches and dizziness, but the church’s insurance has refused to cover her medical bills. Her lawyer says this is what forced her to file the lawsuit in the first place.

The defendant is a decorated church veteran who has won numerous prestigious honors throughout his lifetime. Those include the Martin Luther King Jr. Drum Award in 1999. He was also listed among the Who’s Who in Black America in 2002. He has been working at the Hopewell Megachurch for the past 38 years and founded several initiatives including Ministers Against Drugs.

A Blessing or a Curse?

The part of the story that may prove difficult to get jurors to buy is the question of how the decorated pastor could mistakenly apply an unnecessary amount of force to the forehead of one of the congregants, while simultaneously applying a reasonable amount of force to all the others. Lawyers for the church will likely argue that their client applied no more force to the plaintiff’s head than anyone else’s. They will then argue that the woman passed out during the exchange, hitting her head on the floor.

This story could resonate with jurors. Then the question becomes, should the church have known that some of their parishioners might lose consciousness during the blessing? If the answer is yes, then perhaps a better angle to take would be to claim that the church was negligent for not providing a softer landing spot for its congregants. The plaintiff’s attorney is arguing that the defendant was not adequately trained in the proper method of delivering blessings.

We Can Help You Today

If you’ve been injured by another person’s negligence, you may be entitled to damages. The attorneys at the office of Alan Goldfarb, P.A. have handled numerous cases throughout the city of Miami. Give us a call at 305.371.3111 and will begin discussing your case right away.

Resources:

christianpost.com/news/pastors-blessing-causes-brain-injury-church-choir-member-lawsuit-222911/

williamlsheals.net/bio

Suffering a spinal cord injury can be life-altering and effectively rob you of your future. Why? Because a serious spinal cord injury can cause:

• Total paralysis;
• Partial paralysis;
• Inability to control your bladder; and/or
• Inability to function sexually.

In many cases, the damage to the spinal cord is irreversible. This means the injury could alter the trajectory of your life and rob you from fulfilling your goals and dreams. There is also the tremendous financial strain placed on a spinal cord injury victim. You will likely incur significant medical expenses like:

• Emergency room bills;
• Physical therapy bills;
• Pain medication;
• In-home care bills (if needed); and/or
• Purchasing a wheelchair and modifying your home for a ramp.

If you or a loved one suffered a spinal cord injury in a car accident, motorcycle accident, pedestrian collision, etc. you should contact an experienced personal injury law firm to discuss your legal options. Depending on the facts of your potential case, you could pursue financial restitution against the negligent party that caused your injury.

Damages that May Be Pursued in a Spinal Cord Injury Lawsuit

Obviously, no amount of money will be able to heal your injury. Nevertheless, our civil courts allow aggrieved parties to pursue monetary damages in an effort to obtain financial recovery for their harms and losses. Damages that can be pursued include may include both incurred and future medical expenses, lost wages, and pain and suffering.

Do Not Delay – Deadlines for Filing a Spinal Cord Injury Lawsuit in Florida

If you or a loved one suffered a serious injury in an accident caused by another person’s negligence, you only have a finite amount of time to take legal action. Under Florida law, there is a statute of limitations on the filing of civil lawsuits in the state. You have four years from the date of the accident to file a personal injury lawsuit in Florida. If you fail to file your personal injury case within four years of the date of the accident, a court will likely bar your case from going forward. There are also certain exceptions and loopholes in Florida’s statute of limitations. For example, if you or a loved one was hit by a city vehicle and you suffered a spinal cord injury, you only have three years from the date of the collision to file a lawsuit against the city or other local entity.

Miami Spinal Cord Injury Lawyers Ready to Represent You

As you can see, pursuing damages through a personal injury lawsuit can get complicated. You should focus on your recovery. Let the experienced lawyers at the Miami office of Alan Goldfarb, P.A. take the burden off your shoulders and advocate on your behalf with the insurance adjusters. We fully appreciate and understand all the costs and challenges associated with a spinal cord injury. That is why we fight to get those costs compensated by the party or parties responsible for causing your injury. Contact our office today.

Resource:

ninds.nih.gov/Disorders/All-Disorders/Spinal-Cord-Injury-Information-Page

What Exactly is a TBI?

There are different levels of trauma associated with head injuries. A TBI is trauma that damages the normal function of your brain. You may have a “mild” TBI that results in relatively minor harm. Or, you may have suffered a “severe” TBI that causes you to lose memories, the ability to speak, and other motor functions.

TBI from an Auto Collision

If you or a loved one hit your head during a car accident, you need to be seen by a medical professional as soon as possible. Many people hit their heads in a wreck and neglect to see a doctor, brushing it off as just a bruise or a mild headache. This is a mistake. You need to get treatment so any further damage can be addressed by doctors.

Understand the Signs

In addition to noticing a bump or welt on your head, signs of a brain injury can include the following:

• Persistent, severe headaches or migraines
• Sudden inability to pay attention or focus
• Difficulty remembering basic facts or routines from before the accident
• Sudden dizziness
• Sudden outbursts of anger
  

Dispelling TBI Fallacy

Some people mistakenly believe that if you are not struck on the head during an accident, then you did not suffer a TBI. This is wrong, plain and simple. A sudden jolt to your head, even without direct impact on an object, can cause trauma to the brain, like a concussion.

Some auto insurance claims adjusters may rely on this fallacy to try and reduce or deny your personal injury claim. Do not let this happen. Hire an experienced Miami personal injury attorney to advocate on your behalf.

Pursuing Damages for Long-Term Harm

If you or a loved one suffered a brain injury in an accident, you need to be prepared to take legal action against the at-fault party’s insurance company. Many insurance companies fight these claims because they do not want to be responsible for a major pay out. This is why you need to retain a law firm that works with medical experts who assist with demonstrating causation (i.e. whether the accident proximately caused your brain injury) and with demonstrating the long-term impact of the injury. For example, we can retain an economist who can project your lost future earnings due to the harm to your brain. This is compelling evidence that can help persuade a jury to find in your favor, or convince the insurance company to offer a reasonable settlement.

Miami Brain Injury Lawyers Are Here to Help You

As you can see, the consequences of a traumatic brain injury can be devastating to you and your loved ones, both financially and emotionally. Some TBI victims require 24/7 care. This is why you need advocates on your side who will do everything in their power to obtain the largest damage award or settlement possible. Contact the Miami office of Alan Goldfarb, P.A. to learn more.

Resource:

cdc.gov/traumaticbraininjury/pdf/blue_book.pdf

Comedian Tracy Morgan showed his forgiving side when he said that he was not mad at the truck driver who was behind the wheel during a severe car accident several years ago in which Morgan nearly lost his life. The truck driver did not receive the same leniency from the jury and, in fact, was indicted on various counts as a result of the accident which cost Morgan’s fellow comedian his life. Morgan himself suffered serious brain damage, a common type of injury in accidents as severe as this.

Traumatic Brain Injury

Car accidents are one of the top three causes of traumatic brain injury. This type of injury is far more common than many people may realize, and according to the Centers for Disease Control and Prevention (CDC), millions of people live with disabilities they incurred as a result of traumatic brain injuries. Between one and two million people suffer these injuries yearly and thousands of people die from their injuries. Those who do survive often live with complications the rest of their lives that greatly impact their quality of life as well as their potential lifespan.

Traumatic Brain Injury – What Does It Mean?

Brain injuries, unlike other injuries that may be sustained in an auto accident, affect the victim’s entire being. Unlike a broken leg, which can be put in a cast and heal over time, and which typically only affects the leg itself, a brain injury is not limited to just the brain’s activities and abilities. Additionally, since there may often be no outward sign of injury, the presence and extent of the brain injury may not be known for a period of time after it has been incurred. These injuries change a victim’s life suddenly, drastically, and completely, and rehabilitation and recovery can take a lifetime.

A Wide Range

Traumatic brain injuries are classified from mild to severe, but this is not so much a reflection of the impact on the victim’s life as it is a description of the actual occurrence of the injury itself. A mild brain injury is one in which the loss of consciousness is less than 30 minutes. These ‘mild’ injuries are often overlooked, but their effects can be just as bad as with the severe brain injury classified by a longer state of unconsciousness. A severe brain injury often results in significant impairment of cognitive skills and can result in a victim’s coma. Regardless of the classification, the bottom line is that the impact on the victim will be likely be extensive.

Contact Alan Goldfarb, P.A. For Help With Your Traumatic Brain Injury Case

If you or your loved one has been injured in a car accident and has suffered a traumatic brain injury, you need competent and professional legal representation to help you get the results you deserve. The Miami attorneys at the office of Alan Goldfarb, P.A. have the experience with these type of cases to know what issues are important and how to obtain the most complete recovery. We are here to help – contact us now to set up your initial appointment today.

Resource:

nbcmiami.com/entertainment/entertainment-news/Tracy-Morgan-Forgives-Walmart-Driver-Who-Hit-Him-400018281.html

What is Apraxia?

Apraxia is an acquired motor disorder. Typically, apraxia is caused by a lesion in the brain’s left hemisphere. These lesions directly impact the portion of the brain that controls muscle coordination. This damage interferes with the brain’s ability to properly communicate with the muscles responsible for speech. Apraxia creates life long communication problem for victims. The problem is particularly distressing because oftentimes, a person suffering from apraxia may know what they want to say but their brain’s inability to communicate may result in producing the wrong words or no speech at all.

How is Apraxia Diagnosed?

Apraxia is usually diagnosed by a speech pathologist. If a therapist suspects an accident victim has developed apraxia, then they can run a range of assessments that are designed to determine the cause of the symptoms. While every victim is different, common symptoms of apraxia include:

• problems forming speech;
• difficulty making speech sounds;
• inability to move the lips and tongue to produce sounds; and
• unusually slow speech.

Once a therapist diagnoses a victim, the pathologist will recommend a treatment plan designed to improve the victim’s ability to sequence and coordinate the muscle movements required for speech.

How Common is Apraxia?

Apraxia is a condition that may present itself in combination with other communication disorders. This makes it difficult to know how much the condition impacts victims. The cause of apraxia can vary from case to case. A person with apraxia may have suffered a stroke, suffer from a neurological condition or have a traumatic brain injury caused by an accident.

Insurance Does not Cover the Cost of a Full Recover

Apraxia has financial, medical and emotional consequences for the victim. Additionally, many people who suffer apraxia are not able to be independent and have trouble with daily tasks. Insurance may offer some compensation for medical expenses, however, insurance will not be able to cover all expenses related to recovery and long term therapy. Victims may want to consider filing a personal injury claim against the party responsible for their harm.

Accident Victims with Apraxia Should Seek Legal Help

If you or a loved one has developed apraxia as a result of a traumatic brain injury sustained in an accident, please speak with the Miami traumatic brain injury attorneys at the law firm of Alan Goldfarb, P.A. We can prepare a claim against the liable party and get you fair compensation for your injury.

What is a Traumatic Brain Injury?

Identifying the symptoms early on can help victims seek proper care for their injury and avoid complicating the damage. There are two types of traumatic brain injuries: closed head injury and open head injury. A closed head injury occur when the brain sustains a blow caused by a sudden change in movement or momentum. In a closed head injury, the brain’s blood vessels are stretched and damaged. If an injury is severe, symptoms will be present almost immediately, while symptoms of a mild closed head injury may not show up for days or weeks after an injury. An open head injury, or a penetrating head injury, occurs when an object penetrates the skull and injures the brain. They can be caused by a puncture wound or a skull fracture. The damage may cause bleeding and swelling in the brain. Victims of open head injuries have an obvious wound that require medical attention.

Because the signs of closed head injuries are not always obvious, it is important to know the signs and symptoms of a traumatic brain injury, which include:

• Unconsciousness;
• Confusion;
• Persistent low grade headache;
• Nausea; and
• Vomiting.

Traumatic Brain Injury Victims Should Assess the Impact of their Injury

Traumatic brain injury victims should seek immediate medical attention. Getting immediate help cannot prevent permanent damage, however, a medical professional can help prevent further damage to the victim. A doctor will evaluate the injury and help a victim figure out how the injury has affected their brain’s functions. After seeking medical attention, traumatic brain injury victims should asses the impact of the injury on their daily life (eg. ability to earn a living, extent of recovery costs). Depending on the circumstances, taking a general assessment of the impact of the injury will allow a victim to determine the potential compensation in a legal action.

Traumatic Brain Injury Victims Should Consult a Lawyer

If the injury was a result of someone’s carelessness, or negligence, traumatic brain injury victims may be able to file a lawsuit under Florida law. Discussing the accident with a lawyer is important since oftentimes medical insurance will only cover certain expenses. Damages awarded from a negligence or personal injury lawsuit will help victims ensure they do not drain their finances as they recover.

Contact an Attorney

Traumatic brain injury victims deserve compensation to help cover injuries, current and future medical costs. If you or someone you love has suffered a traumatic brain injury, first seek medical attention, and then contact the Miami traumatic brain injury attorneys at the office of Alan Goldfarb, P.A. We can discuss your accident with you and help you determine whether pursuing a lawsuit is the best decision for you and your family. Please contact us at 866-936-9761 to discuss your case.

Truck accidents have many causes, which range from driver error, driver distraction, equipment failure or failure to properly maintain equipment. The state and federal regulations discussed below seek to decrease accidents and improve public safety:

• Hours of Service Rules

Federal law defines hours of service for truck drivers and limits the number of consecutive hours a truck driver can work without rest. Drivers carrying cargo are limited to a 10-hour driving day and drivers carrying passengers are limited to an 11-hour driving day. Generally, drivers may not work more than 60/70 hour per week in 7/8 consecutive days.

• Distracted Driving Prohibited

Federal regulations have limited the use of cell phone for truck drivers. Under the federal rules, truckers cannot use mobile devices to text. The restriction does not prevent the use of mobile devices. Drivers are allowed to use earpieces, voice activation and one-button features to make phone calls. Similarly, Florida has banned texting while driving but permits the use of mobile devices while driving.

• Following and Passing

Under Florida law, it is illegal for all drivers, including truck drivers, to follow within 300 feet of another vehicle in city limits.

• Alcohol and Drug Testing

Truck drivers are not allowed to drive while intoxicated. Under federal law, it is illegal for a truck driver to drink alcohol for four hours before driving. Additionally, when a truck is in an accident, a driver may not consume alcohol for eight hours following the accident or when the driver takes a blood alcohol test. Additionally, federal regulations require that drivers obtain a negative drug test results before they are hired.

Truck Accident Victims Deserve Compensation

Truck accidents have many causes and it is important to quickly assess whether a driver was fully complying with relevant rules and regulations.

If you have been injured in an accident with a truck in Miami, you will need an experienced truck accident attorney who understands the laws that regulate truck drivers. The truck injury lawyers at our office will use their experience to help you seek full and fair compensation for your losses. Please call Alan Goldfarb, P.A. at (305) 371-3111 or call toll-free at (866)936-9761 to discuss your specific case.

Traumatic Brain Injuries and Medical Malpractice

TBI’s can occur in the medical setting in several circumstances. Improper anesthesia dosages resulting in lack of oxygen to the brain are one of the most common, but TBIs can also result in infants if there is negligence during delivery or in the pre-natal care of the baby. According to the Brain Injury Association of Florida, over 100,000 Florida residents suffer a traumatic brain injury each year. These injuries can require around-the-clock care, a loss of mental or physical function, a loss of enjoyment in life, and a strain on family and personal relationships.

It is frustrating not just on the injured person, but on the family and friends as well. This is especially true when this injury is the result of a medical procedure that was supposed to save or make your loved one feel better. Many people will never fully recover from a TBI, and may incur extensive medical bills to treat the injury at its onset, and to sustain long-term treatment. Family members may miss work to care for the injured, and may lose income as a result. If the injured person was the breadwinner for the family, these concerns are multiplied.

TBI and Sports Injuries

In addition to medical negligence, TBI’s are common sports injuries. Prompted by a rise in TBI reports in the football arena, the NFL recently was the subject of helmet-safety litigation. Injured players received compensation in actions against football helmet manufacturers that failed to protect the injured players from injuries, despite wearing a helmet. Football is not the only place where TBI’s can occur—a TBI at its basic definition is really a concussion; severe concussions can have long-term, debilitating side effects that must be treated as soon as they occur.

If You’ve Suffered a Traumatic Brain Injury

If you were injured due to medical negligence or during a sports injury and suffered a TBI, you may be entitled to compensation for your injuries. TBIs are life-altering injuries that may require life-long financial support. In order to ensure you receive the compensation you are entitled to, contact an experienced Miami brain injury attorney at Alan Goldfarb P.A. to learn more about your rights. We are sensitive to the difficult time you and your family are going through and will do everything to advocate for you and your future health and support. Do not hesitate to contact us today.