We, at The Goldberg Law Firm, are dedicated to standing up for the rights and protection of victims of negligence and to seeing justice done. We will continue to direct our combined knowledge, determination, and drive to the limits for each and every one of our clients. The results are record-breaking jury verdicts, real relationships with our clients, and legislative breakthroughs.

• Automobile Injuries
• Boating Injuries
• Construction Injuries
• Animal Bites
• Motorcycle Injuries
• Pedestrian Injuries
• Premises Liability
• Products Liability
• Slip and Fall
• Uninsured Motorists
• Wrongful Death

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• A wrongful death case is one in which the negligence of a person results in the death of another person.

This can include the same sort of events which lead to personal injury lawsuits: automobile accidents, slip and fall accidents, and incidents of medical malpractice, to name a few. In a wrongful death case, since the deceased person is not able to represent themselves to pursue a claim against the at-fault parties, someone else must serve in that capacity on behalf of the estate of the deceased. Papers are filed with the court to request that the person be appointed as the personal representative of the decedent's estate. Often, but not always, the personal representative is a family member of the person who died. Once the court approves the appointment of the personal representative, that individual acts as a sort of "delegate" to represent the survivors of the decedent. "Survivors" are those who are entitled by law to recover damages resulting from the death of the individual. Survivors can include the spouse, children, or parents of the decedent. Survivors in a wrongful death case may be entitled to recover damages for the loss of financial support and companionship of the deceased, as well as the mental pain, anguish and suffering they have endured because of the untimely death of their loved one. Florida law has very specific criteria to determine who qualifies as a survivor of a decedent, and the law is equally specific about the types of damages for which the survivors may recover.
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• Over 13 million injuries occur each year due to slip and fall accidents.

An even more shocking statistic is that these injuries result in approximately 16,000 deaths annually. Slip and fall accidents often happen in stores when those businesses are less than conscientious about cleaning and maintenance of the premises. When a person is hurt due to a slip and fall accident, it is essential that neglect of the business owner be proven in order for that person to be eligible for compensation. Once that negligence has been properly documented, that business is liable for the cost of medical care incurred by the injured party. They are also accountable for wage loss and the pain and suffering endured by the individual as a result of the fall. A slip and fall accident can change your life forever. It is therefore of the utmost importance that such an incident be thoroughly investigated by experienced attorneys who can then aggressively pursue the case against the responsible party. Through their dedication and extensive knowledge, the attorneys of Goldberg, Racila, D’Alessandro & Noone, LLC, have successfully obtained compensation for a great many victims of slip and fall accidents.
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• Trucking accidents comprise a very specialized area of motor vehicle accident cases.

This is because large commercial trucks and the businesses that utilize them are subject to many regulations and laws that do not apply to private vehicles. As a result, if a person is injured or killed due to a crash with a commercial vehicle (such as a semi tractor trailer rig), it is very important to hire attorneys who are familiar with the requirements which must be met by trucking companies. Crucial evidence can be forever lost if certain steps are not taken to ensure its preservation. Furthermore, there are sources of vital information which an attorney who is knowledgeable in the field of trucking accidents will be able to obtain. This information might be overlooked by an attorney who is not well versed in the laws which apply to the commercial trucking industry. The attorneys of Goldberg, Racila, D’Alessandro & Noone, LLC, have committed to staying abreast of the complex and ever-changing state and federal regulations which apply to commercial vehicles. The Goldberg Firm has successfully represented numerous clients in personal injury and wrongful death cases which were the result of trucking accidents.
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• The accident rate for motorcycles nearly doubled between 1997 and 2008, and the fatality rate has almost tripled for the same period.

There are many factors that can cause a motorcycle crash, and some natural situations that make some parts of Florida more dangerous for bikers than others. The Florida DMV notes that of those killed in motorcycle crashes from 2006-2008, 94% were Florida residents. With our abundance of great weather and plenty of motorcycle-friendly roads in the Sunshine State, it’s no wonder that bike enthusiasts are cruising Florida in large numbers.

A motorcycle crash can happen under a wide variety of circumstances. A distracted driver, a drunk driver or a motorist that simply does not see the motorcycle nearby often strikes a biker. The most common non-fatal injury sustained in a bike crash is a fracture, followed by internal organ injuries. Although there are many variables that may dictate how severe an injury one might suffer, motorcycle accidents can cause a limb amputation, severe “road rash” injuries, life-long disfigurement, traumatic brain damage and many other horrific results. Additionally, you may be unable to return to work and earn a living to support your family, and the related medical costs and continual rehabilitation can ruin a family. When your life has been turned upside down after a bike accident, the hiring of the right motorcycle accident lawyer can be critical.

Investigative research and tireless discovery will be your best defense should you go to trial as a result of your injuries, and our thorough understanding of every facet of Florida motor vehicle accident law is the core of our support in standing up for your rights under the law.

The motorcycle accident attorneys of Goldberg, Racila, D’Alessandro & Noone, LLP, are prepared to aggressively fight for your rights if you have been injured in a bike crash.
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• Medical malpractice is a negligent or careless act by a doctor, hospital, or other health care provider.

It is the breach of the accepted standard of care that is recognized by other providers who are practicing with similar training in the same field of medicine. It can result from a failure to act or from acting improperly. It is difficult to state the applicable statute of limitations for medical malpractice claims in Florida without fully knowing the facts of a particular claim. The Statute begins with a two (2) year limitation from the date of the malpractice. The Statute language could extend that period to as long as four (4) years and, in some instances, to even seven (7) years. In Florida, it is also important to know the date when the malpractice was first known by the patient or the survivors of the patient. If there is a suspicion that medical malpractice has occurred, it is advisable to consult with an attorney experienced in medical malpractice. This consultation is usually without charge. By the end of the consultation, the attorney is usually able to answer the first question that should be asked: Does this situation (including the injury or death) justify further investigation into the possibility that medical malpractice has occurred? In order to answer this question, the attorney relies upon his or her knowledge of the law relating to medical malpractice and how it applies to the specific facts of that particular case.
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• Battery/Domestic Violence

These are cases most typically involving violent physical contact between spouses, roommates, siblings, or even persons who share a child in common. There are instances where someone can be charged with assault without ever physically touching the other person. With a range of penalties from misdemeanor sanctions and counseling to felony incarceration, this type of case is often in the forefront of state legislation.
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• Drug Trafficking/Possession

These crimes often involve the possession, sale, or distribution of illegal narcotics. "Cultivation" refers to the growing of organic drugs (e.g. marijuana), while "manufacture" means the creation of synthetic drugs or isolating drug compounds from organic sources (e.g. heroin, cocaine, etc.) "Distribution" is the sale of drugs, while "possession" means having the drugs on one's person or within easy reach. If you are found in possession of a sufficient amount, you may be charged with "Possession with Intent to Distribute" or "Trafficking" if law enforcement believes the defendant intended to sell the narcotics.
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• DUI

Driving Under the Influence is a crime where law enforcement alleges the person operating the motor vehicle was under the influence of alcohol or narcotics at the time of driving to such an extent that their normal faculties (e.g. reaction time, eye-hand coordination, etc.) are impaired, and/or that the person is operating a motor vehicle with a blood/breath/urine content of .08% alcohol or greater. Penalties are increased for the amount of alcohol as well as the number of prior offenses.
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• Felonies and Misdemeanors

A felony is defined as any criminal offense punishable by death or imprisonment in a state correctional facility for a term exceeding one year. A misdemeanor is any criminal offense punishable by imprisonment in a county correctional facility not in excess of one year. In each type of crime, there are various levels of offense (3rd degree felony, 2nd degree felony, etc.) with a corresponding increase in the type of punishment that is possible.
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• State and Federal Court

Federal crimes (e.g. Internet fraud or pornography, bank robbery, interstate crimes, etc.) are those crimes where federal authorities (the FBI) believe someone has committed a crime that involves a conspiracy or action across state lines. The United States Code and Federal Sentencing Guidelines control the sentencing of individuals convicted of these type of crimes, requiring the federal judge to follow a formula for the type of offense and person's criminal history. Once the defendant is convicted and the prior record is determined, the judge uses a chart to determine the sentence that must be imposed. Since there are only a few ways to get a downward departure from sentencing guidelines, it is imperative that an attorney who is thoroughly familiar with federal court procedures represents you.
State crimes are investigated by a local police department and prosecuted in a state circuit or county court. These are violations of state statutes and ordinances, not federal laws. These types of crimes include murder, rape, child abuse, drug sale, domestic battery, etc. Most often, these are the cases that go before a jury, where the state prosecutor is required to prove each element of the crime beyond a reasonable doubt. The judge in a state court can hear felonies and/or misdemeanor crimes, and decide the appropriate punishment with assistance from the state sentencing guidelines.
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