Personal Injury and Wrongful Death

We help people who are hurt by others, and place responsibility where it belongs. We also help individuals who have lost a loved one as a result of negligent or other wrongful conduct. A skilled lawyer is necessary.

The law provides that the wrongdoer must take responsibility for the injuries he/she inflicts upon others. A wrongdoer must compensate a person he/she injures.

Most people in businesses carry insurance for this sort of thing. In a perfect world, the insurance company representing a wrongdoer would make every effort to compensate the injured person for his/her losses. Unfortunately, we do not live in a perfect world.

The insurance company hires a team of professionals whose ultimate task is to avoid paying claims, or to settle a claim for less than its fair value. They will do whatever is necessary to minimize their exposure or the amount they are obligated to pay to the injured victim, or the family of someone negligently injured or killed in an accident.

The Law Offices of Shapiro, Goldman & Babboni are dedicated to protecting victim's rights and seeking maximum compensation for our clients' medical bills, lost wages, future losses, mental anguish, pain and suffering. We pride ourselves on the fact that we are prepared to take our clients' case to court, if necessary. In doing so, we will utilize all of our resources, expertise and experience in order to obtain fair compensation for our clients' losses.

Not all cases must be tried. In fact, our staff is expert at gathering the necessary medical records, photographs and other documentation for an insurance company to properly evaluate a claim. We also are confident that insurance companies negotiate fairly and responsibly with us because of our ability to successfully try a case before a jury.

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Automobile Accidents

When an accident occurs, you can minimize the associated aggravation and expenses by knowing your rights and obligations. By knowing your rights, you will be ready to act to protect them when necessary. In the event of an accident, the information on these pages is designed to help you. However, there is no substitute for the careful consideration by an experienced attorney, who is able to apply the relevant law to the circumstances of your case, and advise you as to the proper course of action.

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Nursing Home Negligence

Some of the Most Common Problems Are as Follows:

• Falls and fractures
• Physical or chemical restraints
• Malnutrition or dehydration
• Improper, wrong, or over medication
• Bed sores
• Lack of supervision (allowing residents
  to wander away from the facility)
• Physical abuse or unexplained injury
• Significant weight gain or loss
• Theft of money and personal property

• Unexpected or wrongful death
• Unsanitary conditions
• Untrained or insufficient staff
• Over-sedation
• Abandonment
• Substandard medical care
• Poor personal hygiene
• Defective equipment
• Sexual assault

Did You Know?

Florida is the only state with a nursing home rating system that focuses on the quality of care provided to its residents. Ratings are an indication of quality and performance at the time of the state's annual inspection. A nursing home may be rated superior, standard, or conditional.

By law, nursing homes must complete a COMPREHENSIVE ASSESSMENT for every new resident within two weeks of admission. The home also must develop a PLAN OF CARE for every resident. With the resident's permission, family members are allowed to assist in developing this care plan.

In every case of medical negligence, you must prove a deviation from the acceptable standard of care, causation and damages. Fortunately, in Florida there are legal remedies against those who engage in neglect and abuse.

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Drunk Driver/Liquor Liability

The Florida legislature has passed laws that give limited immunity to bars, package stores, and social hosts that provide alcoholic beverages to persons who get drunk and cause death or injury. However, there are two very important exceptions, and the Law Offices of Shapiro, Goldman & Babboni are among the State's leaders in pursuing these cases.

First, a bar or package store can be sued for the knowing sale of alcohol to a minor. That a sale was "knowing" can be proven by circumstantial evidence, such as the appearance of the minor, and by other similar sales to minors. These cases require a detailed and extensive investigation. We believe our work in this area has had a positive effect on the way package stores and bars ensure that their customers' are of legal age to purchase alcohol.

The law also allows a bar or package store to be sued for the knowing sale of alcohol to persons "habitually addicted" to alcohol. A much tougher standard, it nevertheless allows the injured victim to obtain compensation in the case of a bar that knowingly gets an alcoholic drunk night after night, and that sends him or her onto the streets to senselessly injure innocent victims of their health or life.

The liability of the liquor seller is a possibility to consider in every catastrophic case involving drunk driving. At the Law Offices of Shapiro, Goldman & Babboni, we have the experience to aggressively evaluate and pursue these claims.

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Insurance Disputes

Although we purchase insurance with the hope that we will never have to use it, most of us at one point or another must contact our insurance company to pay a claim. Generally, most claims deal with health insurance, an automobile accident, or a homeowner's coverage. Unfortunately, the insurance company, although quick to accept premium dollars, is not so quick to pay out claims. Often times, it performs what is known as "post-claim underwriting," which allows it to investigate the claim and look for any excuse to avoid coverage. Insurance companies look for anything that could arguably be a pre-existing condition, a misrepresentation on the application for insurance, or any inconsistencies that will allow them to refund the premium once it becomes clear that the claim will be significant.

The lawyers at the Law Offices of Shapiro, Goldman & Babboni have a great deal of experience litigating against insurance companies when they deny insurance benefits. Over the years, the Law Offices of M. David Shapiro, P.A. have been able to obtain necessary and imperative insurance coverage's for their clients' after the insurance company attempted to avoid paying the benefits. We are ready to litigate issues concerning automobile personal injury protection benefits, health insurance benefits for catastrophic illnesses and benefits afforded under the homeowner's insurance policy.

Most individuals who purchase insurance have no idea of the type of coverage that they have purchased. The insurance company is counting on their insured's lack of knowledge, with the hope that the claims will never be made. For example, the insurance agent or representative will never tell the insured that the homeowner's coverage's apply to the individual regardless of whether the incident occurred at the property. Another common example is the automobile insurance carrier not informing its insureds' of the right to see a doctor of their choice for injuries related to automobile accidents.

Insurance companies will routinely deny benefits based on an independent review by their doctors, with the full knowledge that this is an insufficient basis to terminate benefits under Florida law. The insurance company is hopeful that the insured will never contact an attorney; therefore, will never be aware of his/her rights and benefits.

The Law Offices of Shapiro, Goldman & Babboni are committed to ensuring that their clients' receive full-contractual benefits of any insurance policy that they purchase. Before accepting what the insurance carrier tells you, contact an experienced team of lawyers to be sure that your rights are protected.

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