Baron, Herskowitz & Cohen Trial Lawyers

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Baron, Herskowitz & Cohen Trial Lawyers Baron Herskowitz & Cohen represents individuals and families who have suffered personal injuries.

Hospitals and medical providers are increasingly asking insured patients to make payments before receiving non-emergency...
10/23/2026

Hospitals and medical providers are increasingly asking insured patients to make payments before receiving non-emergency care, sometimes based on estimated deductibles or other out-of-pocket costs.

Federal law prohibits Medicare-participating hospital emergency departments from delaying required screening or stabilizing treatment because of payment issues. In Florida, covered health care providers must generally refund patient overpayments within 30 days after determining that an overpayment occurred.

If you paid a pre-service deposit that was never fully refunded, it may be worth reviewing the charges against your insurance benefits and final bill.

Finding out that a private image of you is circulating without your permission can be disorienting. What you do in the f...
10/21/2026

Finding out that a private image of you is circulating without your permission can be disorienting. What you do in the first hours and days can make a meaningful difference in limiting how far the images spread and in protecting your legal options. The first step is preserving evidence before acting: screenshots, links, direct URLs, and any messages about how the image was obtained and shared.

Two free tools exist specifically for this situation. StopNCII allows adults 18 and older to create a digital fingerprint of an image on their own device, without the image ever leaving their device, which participating platforms use to detect and limit distribution. NCMEC's Take It Down tool works the same way for images involving people under 18. Our blog walks through all five steps in order. Read more here: https://bit.ly/47njYwY

Florida property owners and businesses may be responsible for taking reasonable steps to protect people from crimes that...
10/19/2026

Florida property owners and businesses may be responsible for taking reasonable steps to protect people from crimes that could be anticipated. If someone is assaulted or injured because a property lacked adequate security, the owner could potentially be held liable.

However, Florida law changed in 2023. Juries must now consider who was responsible for the incident, including the person who committed the crime. The law also provides additional legal protection to certain apartment buildings and other multifamily properties that meet specific security requirements, such as safety assessments, security measures, and employee training.

A tragic roller coaster accident in Georgia is raising safety concerns at theme parks across Florida.Stuart Cohen, Partn...
10/16/2026

A tragic roller coaster accident in Georgia is raising safety concerns at theme parks across Florida.

Stuart Cohen, Partner at Baron, Herskowitz & Cohen, was featured in Florida Daily, sharing his perspective on the investigation and the potential responsibility of ride operators and manufacturers.

“Although human error is most often the cause of ride-related injuries, it may very well be a design or manufacturing issue that causes an injury,” Stuart explained.

With SeaWorld Orlando temporarily closing its Mako roller coaster as a precaution, the incident raises broader questions about ride safety, maintenance, and accountability.

Read the full article: https://bit.ly/4s9PasP

Florida law recognizes the nonconsensual sharing of intimate images as a serious harm. Under Florida Statute section 784...
10/16/2026

Florida law recognizes the nonconsensual sharing of intimate images as a serious harm. Under Florida Statute section 784.049, it is illegal to intentionally distribute a sexually explicit image of someone electronically without their consent when that person had a reasonable expectation the image would remain private. Importantly, the fact that a person originally shared an image with someone does not, by itself, remove their reasonable expectation of privacy.

Victims have both criminal and civil options under this law. A civil claim can be filed independently of any criminal prosecution, and victims may seek an injunction to stop further distribution, monetary damages of at least $10,000 or actual damages, whichever is greater, punitive damages, and attorney's fees. Our latest blog explains how the law works and what victims should know.

Read more: https://bit.ly/4jx3wS7

10/14/2026

Stuart Cohen explains why carrying uninsured motorist coverage can be critical in Florida, especially when the at-fault driver has little or no bodily injury liability coverage.

Federal regulations require nursing homes to assess residents’ needs, develop individualized care plans, and provide app...
10/12/2026

Federal regulations require nursing homes to assess residents’ needs, develop individualized care plans, and provide appropriate supervision and assistance to help prevent falls and other accidents. When a facility fails to address known risks and a resident is injured, it may be held liable under Florida law.

After a fall, families should request the resident’s medical records and care plan. Records of prior falls, identified risks, and supervision can be important in determining whether appropriate care was provided.

Florida pharmacists have a professional duty to accurately dispense medications and assess prescriptions for potential a...
10/09/2026

Florida pharmacists have a professional duty to accurately dispense medications and assess prescriptions for potential adverse reactions, drug interactions, and appropriate dosage. When a pharmacy error causes harm, the pharmacist or pharmacy may be held liable.

A patient generally must show that the pharmacy failed to meet the applicable standard of care and that the error caused an injury. If you suspect a pharmacy error, keep the medication, prescription label, and packaging, as they may become important evidence.

10/07/2026

Stuart Cohen and Justin Linden explain how Canadian owners of Florida vacation or investment properties can benefit from legal support on both sides of the border when dealing with property insurance claims, documentation, and lost rental income.

Florida recorded 46,651 commercial motor vehicle crashes and 315 fatalities in 2024, according to preliminary FLHSMV dat...
10/05/2026

Florida recorded 46,651 commercial motor vehicle crashes and 315 fatalities in 2024, according to preliminary FLHSMV data. Truck accident claims can involve multiple potentially responsible parties, including the driver, motor carrier, cargo loaders, or vehicle manufacturers.

Federal regulations govern commercial trucking operations, including Hours of Service limits designed to address driver fatigue. Florida generally gives injured individuals two years to bring a negligence claim, making it important to preserve evidence early.

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9100 S. Dadeland Boulevard , Suite 1704
Miami, FL
33156

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