Recent Results

Elevator Accident Results In Hip Fracture

Elevators in South Florida are frequently left in a state of disrepair by the property owners and elevator maintenance companies hired to maintain them. In this case Juan G. was a resident of the Harry Cain Towers, a government housing development, when he entered an elevator to get to his 4th floor apartment. As he entered the elevator, the door suddenly closed on him, striking his left hip and knocking him to the floor. The result was a broken hip requiring surgical replacement of the damaged joint. He hired our firm to pursue a claim for compensation on his behalf. Attorney Charles E. Bloom handled the case and filed suit against the elevator maintenance company hired to service the apartments’ elevators.

During deposition, the repair technician for the elevator company admitted that he signed the inspection log indicating that he performed regular inspections of the elevator even though he had not done so. A careful inspection of the elevator in question demonstrated that the photo-electric eye (a device that causes the door to remain open when an obstacle is in the doors’ pathway) was not functioning properly. Attorney Bloom argued that this problem would have been caught and repaired timely if the technician had been doing his job properly instead of falsifying the inspection reports. Additionally, the firms investigation turned up credible witnesses who would testify that they notified the elevator company of similar problems that went unrepaired before this accident.

As a result, the elevator company agreed to pay Juan G. the sum of $500,000.00.

Horse Play On The Job? Not True!

One month after Ramon G. fell from a two story scaffold he lay helpless in a hospital bed in the Trauma Center at JMH. He had been applying stucco to the outside of a custom home when he lost his balance and fell some 20 feet to the ground. He was paralyze from the waist down.

In order to deny workers’ compensation benefits, his employer made up a story about how he was horse playing at the construction site, jumping between scaffolds. The employer had several of Mr. G’s co-employees sign statements verifying the lie. While he lay in the hospital, Mr. G and his family received no compensation benefits. His bill for medical treatment already exceeded $400,000.00.

He hired our firm to fight for his benefits. Attorney Charles E. Bloom took the case. During an extensive deposition to investigate the false allegations, the employee who signed the statement against Mr. G admitted that it was not true.

Attorney Bloom filed claims forcing the employer and their carrier to pay for all past medical care and treatment as well as all medical care Mr. G would need for the rest of his life. Additionally, attorney Bloom recovered all past wage loss benefits and secured the claimants’ entitlement to permanent lifetime compensation payments.

When Mr. G came home from the hospital and could not safely reside with his family in their apartment (because it was not handicap accessible), attorney Bloom forced an unwilling insurance carrier to purchase for Mr. G and his family a four bedroom home modified to be wheel-chair accessible. In addition to the benefits obtained in the past which totaled approximately $1.7 million dollars, Mr. G ultimately received a multi-million dollar settlement.

Dangerous Job Becomes Substantial Work Comp Claim Despite Good Medical Recovery

Injured workers do many of the most dangerous jobs in South Florida. In this case H.A. was required to maintain foliage at substantial heights in the atrium of a local mall. She fell late at night, was found by security and spent the next two weeks in the hospital. Broken bones healed, but the impact caused controlled but continuing epilepsy, severe back pain, and a nagging nasal/breathing condition.

Attorney Kinnear filed workers’ compensation claims on her behalf and the insurance company offered a large cash settlement on the day before trial.  Total benefits paid in the case approached 3/4 million dollars.

Creative Approach Yields Clients More Than One Recovery

Frequently our clients have the possibility of recovering money properly due to them from more than one source. In the case of Ernie G., who was involved in a motor vehicle accident during the course and scope of his employment, four separate claims were pursued on his behalf by Bill Kinnear: a liability claim versus the insurance company for the driver negligently inflicting the injuries; an underinsured motorist claim seeking further pain and suffering damages on the grounds that the wrongdoer’s insurance coverage was insufficient; a workers’ compensation claim largely seeking payment for future medical expense and monetary damages; and a Personal Injury Protection claim to pay for some medical costs and also handle the lien the workers’ compensation insurance is usually permitted to attach to the liability claim, which in this case avoided reduction of the liability claim recovery. A favorable resolution to Ernesto G.’s interests were made on all four claims.

In the case of Manny C., payments of workers’ compensation were interrupted by a bankrupt insurance company and a time gap in the law providing for a state fund to pay benefits to injured workers in place of such a defaulting insurance company. Kinnear used that time gap to argue to the employer that it was now self-insured and had to make a direct settlement with its employee. That discussion resulted in a payment of $40,000 to the employee from the employer that helped the injured worker financially while the State was resolving the time gap problem with its fund. Once the law was extended for the State fund to cover M.C.’s situation, his workers’ compensation claim was resumed and ultimately settled, with a total recovery of benefits approaching 1/2 million dollars.

Hay Que Defenderse!

El Sr. M trabajo por 17 años para una compañia en la cual el distribuia alimentos. El empezo con esa compañia desde muy joven, hasta que alcanzo ha ser supervisor.

Cuando el Sr. M se acidento en el trabajo la compañia no le dio ninguna importancia a sus lesiones. Lo hicieron trabajar violando las restriciones cual le habia indicado el doctor.

El Sr. M se dio cuenta que aunque el le habia dado lealtad, por años, a la distribudora, en el momento clave, la compañia no le pago con la misma moneda. Al contrario, no le enseñaban ninguna consideracion. Desde el primer momento cuando el reporto el accidente, sus superiores en la compañia no lo trataban igual que antes.

Al igual la compañia de seguros responsable por el reclamo, no le otorgaba ayuda medica a tiempo y no le pagaba las cantidades correctas del beneficio de salario. Al recivir los pagos incorrectos, el Sr. M empezo a tener problemas financieros y no podia pagar su casa.

El entoces contrato a Patricia Perez, uno de los abogados de Bloom & Kinnear, cual puso presion sobre la compañia, archivando reclamos para que se le autorizara a los doctores necesarios y a las medicinas necesitadas para la recuperacion del Sr. M. Cito a diferentes personas para obtener testimonios jurados y poder comprobar que se le estaba pagando incorrectamente al Sr. M. Despues de varias extensas declaraciones juradas, la abogada Patricia pudo comprobar las correctas cantidades que se devian.

La compañia pago las cantidades que se le debian y el Sr. M pudo resolver sus problemas financieros. Finalmente el caso se resolvio por $170,000.00.