Practice Areas

Personal Injury

A personal injury causes not only physical damage, but emotional harm as well. The injuries sustained by an individual and the events which caused it can truly be life-altering. It is for that reason personal injury law exists. South Florida personal injury attorneys at Cohen & McMullen, P.A. are committed to fighting for the rights of those injured as a result of anothers negligence or misconduct.

As we strive to make you whole again, we are not afraid to battle large corporations and are confident in our ability to take your case to trial. We demand that our clients be fully compensated for the traumatic events they have been forced to endure and refuse to allow large insurance corporations to dictate our clients’ lives.

Personal injury is an area of the law that encompasses a variety of cases, such as:

  • Auto Accidents
  • Motorcycle Accidents
  • Premises Liability – Slip & Fall and Trip & Fall Accidents
  • Dog Bites
  • Trucking Accidents
  • Boating Accidents
  • Products Liability and Defective Products
  • Wrongful Death
  • Medical Malpractice
  • Job Site Accidents

If you or a loved one has suffered a personal injury, we recommend that you contact an experienced South Florida personal injury attorney immediately. Swift action is necessary to ensure that your rights are protected and that you can obtain the recovery that you deserve. Do not allow insurance companies and their lawyers to dictate the outcome of your claim.

Auto Accidents

Automotive accidents are an unfortunate circumstance that can happen to anyone at anytime. In many instances, these accidents result in injuries and property damage to your vehicle. At Cohen & McMullen, P.A., we recognize and appreciate that these events and the accompanying injuries can have a major impact on your life and that of your family and are determined to ensure that the adverse driver or vehicle owner and their insurance company are held responsible.

Because of this, it is necessary for you to know what to do in the event that you are involved in an accident.

  • Check for Injuries: The first thing you should do is check yourself, your passengers, and the driver or passengers of the other vehicle for injuries and contact medical personnel so that they may properly assess the extent of any trauma.
  • Call 911: As soon as possible, call 911 so that the proper law enforcement can report to the scene and document the accident, take statements, complete a report, and photograph the scene and vehicles.
  • Notify the Insurance Company: Notify your insurance company and that of the adverse driver but do not admit fault because it may have a devastating effect on your case down the road. Do not agree to or provide any recorded or written statements to the insurance companies without first consulting with an experience personal injury lawyer as this may give them leverage.
  • Collect Witness Information: If there are any witnesses to the accident, make sure to collect their names and contact information as they may have a huge impact on your case in the future.
  • Call an Experienced Attorney: Having an experienced attorney who isn’t afraid to fight for you is often the most important thing you can do. Insurance companies are large corporations and often try to intimidate people into accepting low settlements or attempt to place unjustified blame on you in order to secure minimal settlements.

If you or a loved one has been injured in an automobile accident, we recommend that you contact an experienced South Florida personal injury attorney immediately. Swift action is necessary to ensure that your rights are protected and that you can obtain the recovery that you deserve. Do not allow insurance companies and their lawyers to dictate the outcome of your claim.

Premises Liability

Premises liability imposes a duty on the owner or operator of real property to protect visitors from unreasonable risks of harm by maintaining the property in a safe and reasonable manner. Because of the high degree of proof necessary to prevail, premises liability claims, such as slip and fall and trip and fall accidents, are complex and require an experienced personal injury lawyer.

Victims of slip and fall and trip and fall accidents often suffer tremendous injuries such as broken bones, neck, back and spine injuries, torn tendons and ligaments, and serious head trauma. At Cohen & McMullen, P.A., we recognize and appreciate that these events and the accompanying injuries can have a major impact on your life and that of your family and are determined to ensure that you are properly compensated.

If you or a loved one has been the victim of a slip and fall or trip and fall accident, we recommend that you contact an experienced personal injury lawyer immediately. The most common mistake that a victim can make is to simply assume that it was their own fault. Call an experienced Fort Lauderdale personal injury lawyer and allow them to review your case on a free consultation so they can determine whether some other party’s negligence may have been the cause of your injury.

Motorcycle Accidents

Motorcycle accidents occur at an alarming rate and often result in serious injuries as motorcycles are unequipped with the safety features necessary to withstand high-impact collisions with other vehicles or stationary objects. For that reason, insurance companies and adjusters often pressure motorcycle owners into accepting low settlement offers despites the severity of the injuries suffered.

The most common types of injuries suffered in a motorcycle accident are:

  • Head trauma and traumatic brain injuries
  • Broken bones
  • Lacerations
  • Spinal cord injuries
  • Road rash
  • Catastrophic injuries and death
  • Paralysis

Because of the inherent dangers present in riding a motorcycle in South Florida, we strongly advise you to wear proper riding gear at all times and adhere to all safety rules and regulations.

If you or a loved one has been injured in a motorcycle accident, we recommend that you contact an experienced Fort Lauderdale accident attorney immediately. Swift action is necessary to ensure that your rights are protected and that you can obtain the recovery that you deserve. Do not allow insurance companies and their lawyers to dictate the outcome of your claim.

Wrongful Death

The death of a loved one is one of the hardest things that a person can deal with during their lifetime. The resulting stress and pain is exacerbated when this loved one is wrongfully taken away through the negligence or misconduct of another person or corporation. At Cohen & McMullen, P.A. we hold our family and ethical values higher than any other and recognize that the loss you have suffered and the accompanying circumstances demands justice.

The Florida legislature enacted “The Wrongful Death Act” for the dual purpose of providing justice for the survivors of the decedent and holding the wrongdoer liable. This Act is codified under Florida Statutes §768.16- §728.26 and permits the survivors of the decedent to maintain a cause of action against the wrongdoer and recover for damages.

Under the Act, a “survivor” is any of the following:

  • Decedent’s Spouse
  • Decedent’s Children
  • Decedent’s Parents
  • Decedent’s Blood Relatives or Adopted Brothers and Sisters when they are Partly or Wholly Dependent on the Decedent

Once the survivors are determined, an action is brought by a personal representative of the decedent who recovers on behalf of the survivors and the decedent’s estate. The Act permits the survivors, by and through the personal representative, to recover for the following:

  • Value of the lost support and services from the date of the decedent’s injury to his or her death, with interest
  • Future loss of support and services from the date of death
  • Loss of decedent’s companionship and protection and for mental pain and suffering from the date of injury – applicable to surviving spouse only
  • Minor children (meaning under the age of 25 years old), and all children if there is no surviving spouse, for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury
  • Parents of deceased minor child may recover for mental pain and suffering if there are no other survivors
  • Medical and funeral expenses expended by a survivor
  • Personal Representative can recover for loss of earnings from the date of injury to date of loss, with interest, and loss of the prospective net accumulations of the estate

If you believe that a loved one has lost his or her life as a result of the wrongdoing of another, we advise that you contact an experienced Fort Lauderdale wrongful death lawyer immediately. Swift action is necessary to ensure that your rights under the law are protected and that justice is done. Do not allow the responsible party to escape justice.

Business Law

Business Dissolution

While often undesired, business dissolution is the final stage in the life of a corporation. It refers to the process by which a corporation is legally dissolved. This means that its property and assets are sold, its debts paid to the extent that the available assets permit, and any remaining cash is distributed amongst the company’s shareholders.

The dissolution of a corporation can be a complex process as certain federal, state, and local requirements may need to be satisfied. For instance, among federal requirements for business dissolution are the final corporate tax return and the final employment tax returns, including deposits of any money owed. Also, proper disposal of business property can lead to a long, drawn out procedure. Here are some of the matters to consider when dissolving a business:

  • Accurate accounting of capital contributions by each investor
  • Assumption of business liabilities by the principals or one or more successor entities on terms acceptable to creditors
  • Fair distribution of the entity’s equity in business assets–i.e. equipment, real property, contracts, vehicles–or the proceeds of liquidated assets
  • Ratification or rejection of business decisions made under disputed authority
  • Settlement, waiver, or release of unresolved claims within the ownership group
  • Enforceability of such restrictive covenants as non-compete or non-solicitation agreements
  • Responsibility for continuing commitments to employees through pension plans, health insurance, or other benefits

At Cohen & McMullen, P.A. we understand that for many people, the business was their passion, dream, and livelihood. Therefore, we strive to make the corporate transition as smooth as possible through exceptional legal assistance and support.

Shareholder, Ownership, and Management Disputes

Because of the intimate nature of closely held companies, disputes and disagreements often arise. The lawyers at Cohen & McMullen, P.A., advise investors and owners in these types of companies of the most effective and practical ways to resolve disputes, enforce rights under shareholder, operating, and partnership agreements, and deal with unforeseen situations. Bylaws, operating agreements, shareholders agreements, and other basic organizational instruments provide a valuable starting point when addressing disputes but may not contain express language dictating the rights and responsibilities of each individual. When this circumstance arises, it is necessary to contact an experienced South Florida business lawyer.

Many closely held companies are formed around the basis of friendship and trust, which leads to emotional reactions when things go awry. To protect you and your business, we urge you to consult with an experienced South Florida business lawyer. It is better to act with the guidance and advice of seasoned counsel then to simply react.

Contractual Formation, Dispute, and Negotiation

Poor drafting, insufficient investigation, incomplete negotiation, or a combination of these is often the catalyst for contract litigation. At Cohen & McMullen, P.A., our goal is to create and design contractual agreements to prevent disputes and avoid costly litigation. Our attorneys provide full service to our clients in all stages of contracts from drafting, reviewing, rendering opinions, negotiation, and in some cases, disputing formation, all the way to the final stage of executing the agreement.

When drafting any legal document, our South Florida contracts attorneys realize the importance of constructing a clear and concise contract, and adhere to the following principals to ensure that our client’s goals and intentions are met:

  • Define the terms
  • Eliminate ambiguities
  • Minimize archaic and “legalese” – write in plain English
  • Plan for contingencies
  • Avoid passive voice
  • Address all potential issues
  • Avoid repetition
  • Ensure internal consistency in form and substance

An experienced South Florida contracts attorney can help you safely navigate through any potential issues and avoid future contractual disputes or breaches through proper preparation and drafting. To that end, Cohen & McMullen, P.A., offers comprehensive legal services in contract review, drafting, and negotiation of all types of contracts, including:

  • Partnership agreements
  • Shareholder agreements
  • Operating agreements
  • Commercial property lease agreements
  • Residential property lease agreements
  • Asset sales and asset purchase agreements
  • Vendor contracts
  • Business-to-business contracts
  • Distribution agreements
  • Real estate purchase and sale agreements
  • Non-competition agreements

With nearly 20 years of experience, the lawyers at Cohen & McMullen, P.A., provide contractual representation for businesses and individuals throughout Florida. We pride our self on client satisfaction and recommend that you contact an attorney who can help protect your interests, now and in the future.

Criminal Defense

When an individual is charged with or suspected of committing a crime, the most important thing that they can do is consult an experienced criminal defense attorney to ensure that their rights and freedoms are not infringed upon. At Cohen & McMullen, P.A. our attorneys have significant criminal trial experience in both state and federal courts and have handled cases such as:

  • White Collar Financial Crimes
  • Extortion
  • Weapons and Firearm Charges
  • Mortgage Fraud
  • Bank Fraud
  • Theft, Robbery, and Burglary
  • Drug Trafficking
  • 1st Degree Violent Crimes
  • Murder and Attempted Murder
  • Sex Crimes
  • Solicitation
  • Forgery and Counterfeiting
  • DUI – Driving Under the Influence
  • Drug Possession
  • Misdemeanors and Municipal Ordinance Violations

Remember, the government has unlimited resources so the quality of representation that you receive in regards to your criminal matter can often be the difference between freedom and significant jail or prison time.

If you have been arrested, we recommend that you call an experienced attorney immediately so that your rights can be protected.

Products Liability and Defective Products

Automobiles, prescription drugs, bicycles, clothing, machinery, food, and toys are all examples of common consumer goods that millions of Americans come into contact with on a daily basis. When people purchase these items they do so with a reasonable expectation that the products will function, operate, or perform like they are supposed to without subjecting the user to harm. Unfortunately, businesses adhere to a profit first mindset and often cut corners at the expense of the consumer. In some cases, cutting corners results in defective or dangerous products that injure and kill thousands of people each year. At Cohen & McMullen, P.A., we have the knowledge and skills necessary to help determine if the seller, manufacturer, or distributor is responsible for the defective product.

If you or a loved one has suffered an injury as the hands of a dangerous or defective product, we encourage you to contact an experienced South Florida products liability attorney immediately. As a member of the unsuspecting public, you may be entitled to compensation for your injuries.


Years of predatory and subprime lending led to the worst real estate crisis in U.S. history and coincided with the nationwide banking emergency and U.S. recession in 2007. In Florida, the constant speculation and run-up in prices resulted in one of the state’s largest real estate booms before it all came crashing down. As recent as June 2013, foreclosures in Florida continued to soar despite the nationwide rebound in housing and real estate markets.

The attorneys at Cohen & McMullen are a highly skilled, aggressive, and experienced team dedicated to protecting the rights of homeowners and investors from both residential and commercial foreclosures throughout South Florida. Banks, mortgage lenders, and mortgage servicing companies routinely make mistakes throughout the lending process which leaves them susceptible to a properly prepared defense plan during foreclosure proceedings.

If you are facing foreclosure and are unsure of your options, we encourage you to contact a South Florida foreclosure defense attorney so that you can quickly and properly develop a foreclosure defense strategy.

In many cases, time is all a family needs in order to get back on their feet and remain in their home. However, other options to foreclosure include short sale, strategic default, deed-in-lieu, and mortgage modification. Utilization of these alternatives may prevent foreclosure and deficiency judgments.

Foreclosure creates is an extremely complex and strenuous process which you should not have to undertake alone. Contact Cohen & McMullen and we will be help you fight back.

Diminution of Value

According to the U.S. Department of Transportation, National Highway Traffic Safety Administration there were approximately 9.7 million police-reported traffic crashes in 2012. That means each year hundreds of thousands of exotic and high-performance vehicles like Ferrari, Maserati, Aston Martin, Range Rover, Porsche, Mercedes, etc., are involved in collisions. And anyone who has ever owned or contemplated owning a piece of machinery in this upper echelon is guaranteed to know a few things: first, these vehicles are incredibly expensive to repair no matter how minute the damage may be; and second, once these vehicles suffer any sort of damage (structural or body), their resale value plummets by the thousands. It is for this reason that an area of the law has been created to compensate individuals whose automobiles have been damaged.

Florida has adopted a legal treatise known as the Restatement of Torts (“Restatement”). The Restatement was developed by the American Law Institute and serves as a guide of sorts for judges and attorneys with respect to a specific set of topics. Now more than ever, common sense tells us that when a vehicle is damaged in an accident and is subsequently repaired, the value of the vehicle has still been reduced. This is known as diminution of value. Advancements in technology and the creation of automotive information websites like CarFax have equipped the secondary market–i.e. buyers of pre-owned automobiles–with extensive research capabilities and increased buying power. In a matter of minutes, would-be buyers can retrieve a complete vehicle history for several dollars. When the market dictated by these buyers determines that your vehicle is worth less as a result of this accident, the law has recognizes that simply repairing the vehicle may not make the injured party whole.

Diminution of value thus refers to the difference between the value of the vehicle before the accident and its value immediately afterwards. Section 928 of the Restatement holds that when a person is entitled to a judgment for harm done to his vehicle (harm that does not constitute complete destruction or a total loss), they are entitled to compensation for:

(a) the difference between the value before the harm and the value after the harm…and;

(b) the loss of use.

It is also worth noting that the risk of reasonable but unsuccessful attempts to repair is borne by the tortfeasor so that the damages recoverable may increase if repairs are unsuccessful.

Loss of Use

Loss of use is a separate claim distinct from that of diminution of value. However, like its counterpart, its origin stems from common law but has since been included in the Restatement, Section 931. A claim for loss of use compensates a vehicle owner for the time period during which the vehicle is being repaired. This period of time includes the duration reasonably necessary to procure parts for the damaged vehicle and complete the repairs.

To quantify ‘loss of value’ is terms of recovery, the rental value of an equally equipped car is indicative of the loss suffered. However, there is no requirement that you rent the same or similar vehicle in order to make a claim. In fact, Florida case law has indicated that renting a vehicle in any sense while the damaged one is being repaired is not a prerequisite to recovering for this loss of use. One must only have been deprived of the use of your automobile for some period of time.

Based on the complex issues that often arise in this area of the law it is wise to consult an experienced Fort Lauderdale diminution of value attorney who is seasoned in these matters. If you believe that you have been deprived the use of your vehicle or have suffered a decrease in value of your vehicle, contact your Fort Lauderdale diminution of value attorneys at Cohen & McMullen, P.A.