Disney says its buffet line was closed on March 12, 2020.
The family of Kyle Plush has reached a $6 million settlement in a wrongful death lawsuit against the city of Cincinnati, Ohio.
The 16-year-old student died on April 10, 2018, when he was trapped by a folding seat in the back of a minivan parked in a lot across from his school. Plush was headed to local tennis courts but never arrived. Instead, he was pinned by a folding seat in the back of his parked minivan.
Plush managed to use the voice activation on his phone to call 911. However, operators and police were unable to locate his van. The teenager was found six hours later by his father. He was unresponsive in the van and pronounced dead a short time later.
What are the Details?
The settlement was announced on the third anniversary of Plush’s death. The city of Cincinnati and the Plush family “have agreed to resolve a lawsuit filed by the family seeking damages and meaningful improvement of the City Emergency Communication Center.”
“Kyle was a very positive person, and he would have wanted to make change”, said Jill Plush, Kyle’s mother.
“I think there’s going to be a lot of good things happening, and we’re going to be with them along the way for the next five years,” said Ron Plush, Kyle’s father.
The settlement read that the city “has taken substantial remedial action to address the problems that contributed to first responders failing to locate and rescue Kyle Plush, but acknowledges the need for continuous improvement with public transparency and accountability.”
The settlement establishes a team of 911 experts from around the country who will work with the director of the ECC to further enhance the city’s 911 system.
In the lawsuit, the Plush family argues that the city acted recklessly and didn’t make the boy’s 911 calls a high priority.
“Most important is that she (the operator) didn’t even contact the officers on the scene who were there when Kyle was still alive,” Plush family attorney Al Gerhardstein said last year. City officials argued that Plush was a victim of a horrible circumstance and not recklessness.
The Plush family sued the city of Cincinnati, former city manager Harry Black, two 911 call takers and both Cincinnati police officers who responded and failed to find the teen’s van.
On Friday, Cincinnati City Manager Paula Boggs Muething said the employees of the ECC and the police department are working to ensure the city “never again experiences a tragedy like the one suffered by the Plush family. The City is dedicated to providing the most professional emergency response to all Cincinnatians.”
The Plush family’s attorney, Al Gerhardstein, had this to say following the settlement: “The family enters this agreement in honor of their son Kyle. To honor his memory, it was important that we secure a civic commitment to continuous improvement. With this agreement the City Manager commits to continue reforms in an enforceable, transparent way that will make the City safer for everyone. The family sees improvement under the current leadership and this court-supervised agreement will build on that.”
The Schrier Law Group handles many wrongful death cases just like this one, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a wrongful death / personal injury attorney in Florida today!
We can all agree with Schrier Law Group, that the COVID-19 pandemic has turned the entire globe on its head. As more and more of the population develops immunity, we can expect a slow return to something resembling “normal”.
That said, the pandemic continues to affect every industry, including the legal industry generally and personal injury practitioners in particular. Many aspects of how we learned to deal with COVID-19 will likely stick around for long after the pandemic is over and may permanently change the way we all do business. For example, virtual consultations with injured clients may become actually become the norm, and clients may routinely sign fee agreements online rather than in the office.
While technology has allowed many lawyers to continue taking cases and fighting for their clients’ rights, it is undeniable that COVID-19 has put a damper on the personal injury industry and that the road to recovery will be long.
Here are five specific ways that the pandemic has affected injury attorneys and their practices are discussed in greater detail below.
1 – Victims Unsure of Whether they can File a Claim
One of the issues that may be causing a lull in business for personal injury lawyers is that many victims are not sure whether they can file a claim during the pandemic. Many courts are still operating with restricted hours or only adjudicating particularly pressing matters, which victims may take to mean that they cannot proceed with a claim.
Similarly, people who are hurt in accidents may be hesitant to reach out to a lawyer, thinking that they will have to come into the office to discuss their cases, share paperwork, execute a retainer agreement, or conduct other tasks.
Many of the issues are based on misconceptions on how personal injury claims operate. Attorneys and law firms can combat these issues by making efforts to educate potential clients about how claims can proceed during this time. For instance, many victims may not understand that most claims settle and that insurance companies are fully operational even if the courts are not. Similarly, attorneys should make it clear that they are able to take on and represent clients without having to meet in person.
2 – Fewer Accidents?
As people hunkered down and stayed home, there was a dramatic decrease in the number of personal injury cases being filed. In fact, according to data analyzed, personal injury filings were down a whopping 46 percent in early April of 2020.
Now, one can begin to speculate that empty roads and people staying home from work caused fewer wrecks, slip and falls, and other accidents. Collected data supports this. Interestingly, however, data released by the National Safety Council indicates that traffic fatalities actually increased during the lockdowns – an outcome many observers attribute to people speeding on emptier roads.
3 – Courts Are Backlogged
Many personal injury cases have life cycles of several months or years, so it’s important for injury lawyers to have cases in the pipeline at all times. Cases that are in litigation may take much longer to resolve than they would have prior to the pandemic, leaving many personal injury lawyers waiting for large cases to conclude.
4 – Victims Failed to Seek Care
Another issue is that many accident victims failed to seek medical care for injuries that required medical attention. Often, injured victims who would have otherwise sought care did not do so for fear of exposure to the virus.
Of course, a lack of medical documentation regarding an injury can be devastating to the outcome of a personal injury claim, as victims do not have records describing the nature and severity of their injuries or causally connecting them to the accidents in which they were sustained.
In addition, as all personal injury practitioners are well-aware, failing to seek medical care can allow insurers and at-fault parties to argue that victims failed to take reasonable steps to mitigate their damages. Combined, these issues can result in significantly lower settlements and awards than victims would have obtained had they sought timely medical attention.
5 – Personal Injury Practitioners Get Ready
The United States is getting close to turning the corner and achieving some semblance of normalcy in the upcoming months. For this reason, many people are considering how they can position themselves to hit the ground running and build businesses back up to pre-pandemic levels as quickly as possible once restrictions are lifted.
It’s reasonable to suspect that personal injury lawyers are going to see an influx of injured clients who have put off filing claims until after the pandemic ends. Unfortunately for personal injury lawyers in certain states, this may mean that you are working with much less time to file than usual.
In fact, in states like Tennessee and Louisiana that have a one-year statute of limitations on personal injury claims, you may actually meet with clients whose claims are already time-barred. That said, courts or legislatures may toll statutes of limitation due to the Coronavirus pandemic, allowing otherwise time-barred claims to move forward.
The Schrier Law Group handles many personal injury cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any personal injury case before or during COVID-19. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Swimming pools are always a source of fun for people during the dog days of summer. And for those in Florida, year-round. However, with swimming pool ownership comes a number of legal responsibilities that the owner has when it comes to safety. Schrier Law Group is here to go over the laws if one fails to follow any one of said laws, they can be held liable when someone drowns in their pool. This goes for public pools as well as private backyard swimming pools.
When one dies in a drowning accident at a private pool or a public pool, their loved ones may be able to file a negligence lawsuit against the owner. They can also file a lawsuit if their loved one suffers brain injuries or any other type of harm.
Liability presents an issue for swimming pool owners. If an accident happens at someone’s swimming pool, chances are that they can be held responsible for it. There are lawsuit verdicts that have held hotels and property owners responsible for drownings that happened in their pools.
Premises Liability Law Applies to Swimming Pool Accidents
The first thing to understand is the law that applies to swimming pool accidents. The standard concepts of premises liability law will apply, albeit with some differences that are unique to the context of pool safety.
Premises liability generally holds that a property owner is responsible for any injuries that occur on their property. The exceptions to premises law liability include when the injured person is a trespasser on the land and when they were the cause of their own injury. However, a landowner owes a higher standard of care when a child is on their land that would include warning them of obvious dangers to them.
When it comes to a swimming pool, homeowners would need to show an even higher standard of care for children that come on to the property under something called the “attractive nuisance doctrine.”
When are Owners Liable for Swimming Pool Accidents
There are circumstances in which swimming pool owners could be liable for drownings in their pool.
- The child was not adequately supervised in the swimming pool
- The pool was not kept in a state of good repair
- The pool was not fenced off or covered
- There was not the proper safety equipment
Pool Owners’ Homeowners Policies
When it comes to paying for the damages caused by a homeowner’s swimming pool, the first place to go would be their homeowner’s insurance policy. This policy has a liability portion that would cover injury or death in a swimming pool.
However, many homeowners may not have a high amount of liability coverage attached to their homeowners’ policy. Certainly, they may not have enough to cover swimming pool injury.
The standard amount of liability coverage in a homeowners’ policy is $300,000, which may be insufficient to cover the damages if someone drowns in the pool. If the amount of homeowner’s insurance is not enough, you would need to go after other assets of the homeowner to satisfy the judgment because the insurance company cannot be made to pay more than the policy limits.
Homeowners should increase their liability insurance if they have a swimming pool on their property and have invited guests. However, many of them are either trying to keep their policy premiums low or do not realize the dangers of their own swimming pool or the extent of their possible pool liability.
A boating accident is actually handled quite differently than an accident on the highway or a typical street or avenue. We here at Schrier Law Group want to go over the best procedure for what one should do if they are ever in a boating accident. As a Florida law firm, we see our share of boating accidents.
1. What Do I Do First After a Boating Accident?
If you have had a boating accident, you must first take care of the health and safety of those involved. Ensure everyone is safely on the boat if it is still afloat, or another safe place if it is not, and the boat is out of harm’s way. Then you should signal for help, if necessary, and seek medical attention for any injuries. A medical report will also be important evidence in any legal action.
You are going to need to gather details at the scene of the accident. Obtain registration numbers and insurance details for those involved, and contact details for the boat operators, passengers, and witnesses. If possible, take photos and video of the scene.
Then you have to report the boating accident to the U.S. Coast Guard and the State Fish & Wildlife Police. An accident report will be evidence for any action and is usually required by law.
Contact your insurance provider and an experienced boating accident attorney like Schrier Law Group. Do not accept liability or discuss the accident with the other parties or insurers before speaking to your lawyer.
2. What is Required of the Operator in a Boating Accident?
An operator involved in a boating accident must stop the vessel at the scene of the accident and offer assistance to anyone injured or in danger unless doing so would seriously endanger their own vessel or passengers. The operator is also required to notify the U.S. Coast Guard and the State Fish & Wildlife Police in accordance with state and federal laws.
3. What Types of Boating Accidents Need to Be Reported?
Federal law requires that a boating accident must be reported to the U.S. Coast Guard and State Fish & Wildlife Natural Resources Police if:
- A person dies
- A person is injured and requires medical treatment beyond first-aid
- A person disappears from the boat under circumstances that indicate death or injury
- Damage to the boat and other property totals more than $2,000 by federal law or there is a complete loss of the vessel
4. How Soon Should the Accident Be Reported?
A boating accident must be reported to the U.S. Coast Guard within 10 days of the accident or death, or within 48 hours if a person:
- Dies within 24 hours
- Is injured requiring medical treatment beyond first aid
- Disappears from the vessel under circumstances that indicate death or injury
5. Does Homeowners Insurance Cover Boating Accidents?
Homeowners insurance typically provides minimal coverage for a boating accident. Most policies will cover up to $1,000 damages to a boat, jet skis, or another recreational water vehicle, and generally cover damage by fire, wind or air, explosive hail, and vandalism.
6. How Common are Boating Accident Fatalities?
In 2019, the U.S. Coast Guard counted 4,168 recreational boating accidents in the U.S. that involved 613 deaths and 2,559 injuries. The fatality rate was 5.2 deaths per 100,000 registered recreational vessels. Detailed statistics are available at the U.S. Coast Guard website.
7. What are the Most Common Watercraft in Boating Accidents?
The top three types of watercraft involved in boating accidents in the U.S. according to 2019 statistics compiled by the U.S. Coast Guard, were open motorboats, personal watercraft, and cabin motorboats.
8. What are the Most Common Injuries Suffered in Boating Accidents?
The most common injuries suffered in boating accidents are:
- Traumatic brain injuries
- Spinal cord injuries
- Lacerations and amputations
- Broken bones
9. What Safety Measures Prevent Wrongful Death and Injuries Caused By a Boating Accident?
- Do not drink and boat – Boating while intoxicated is the leading cause of boating accidents in the U.S.
- Wear a lifejacket – All boat operators and passengers should wear a properly fitting USCG-approved lifejacket. The law requires that they are accessible for all passengers, and worn at all times by children.
- Know the rules – Boating operators should take a boating safety course before getting out on the water, and follow the rules at all times. Inexperienced and inattentive boat operators cause accidents.
- Stay within speed limits – Speeding is a primary contributing factor in boating accidents nationwide.
- Practice boat propeller safety – Boat propellers can cause catastrophic injuries. Operators and passengers should be safe, and a propeller guard should be used if appropriate for the vessel.
- Watch the weather – Always check the weather forecast before getting out on the water. Weather can be unpredictable in all seasons and can create a very dangerous situation for watercraft.
10. What are the Most Common Causes For Boating Accidents?
The top five primary contributing factors in boating accidents in the U.S. in 2019 according to the U.S. Coast Guard were:
- Operator inattention
- Improper lookout
- Operator inexperience
- Excessive speed
- Alcohol use
Much of this information is available at the U.S. Coast Guard website.
The Schrier Law Group handles many boating accident cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any boating injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
In these days and times, COVID-19 lawsuits are becoming quite the norm. Schrier Law Group is here to represent you should one need representation regarding the virus. In recent news, three Utahns and two Arizonians are suing Disney Cruise Line after they claimed that they contracted the coronavirus while onboard the Disney Fantasy ship in March 2020.
Four lawsuits have been filed in a federal court in Orlando, Florida, nearly a year after all five tourists were aboard the cruise ship. All of them saying they contracted the virus and began feeling sick.
In a statement shared with the media, Disney Cruise Line spokesperson Cynthia Martinez says, “We disagree with the allegations and will respond to them in court. No guests or Crew reported symptoms of Covid-19 while aboard the Disney Fantasy during the March 7, 2020, sailing. Disney Cruise Line communicated health and safety information with guests in advance of and during their sailing and had numerous protocols in place at the time.”
The lawsuit filed on behalf of Utah resident Kailee Taylor says that she was traveling with family members that suffered from autoimmune diseases and compromised health conditions placing them at greater risk of contracting and suffering from the effects of COVID-19.
Because of this, the lawsuit says Taylor contacted Disney Cruise Line to cancel or postpone her cruise, but was told she could not, despite the COVID-19 concerns. Left without any option and having trusted Disney Cruise Line would not place her in harm’s way, she embarked on the cruise line’s vessel on March 7, 2020, according to her lawsuit.
According to the lawsuit, Taylor contracted COVID-19 while aboard the ship and began suffering symptoms of the virus as a result of Disney’s careless conduct.
Another Lawsuit Filed
The lawsuit filed on behalf of Scott and Jana Olson of Utah, says their child, who had an unspecified autoimmune disease, had to be taken to a hospital intensive care unit in mid-March with a high fever and difficulty breathing. On May 1st, the lawsuit says the child tested positive for COVID-19, as did the parents.
The lawsuits allege Disney Cruise Line knew of the virus and its contagiousness, as well as its effects, before the March cruise, but “negligently exposed” the victims to COVID-19. The cruise line is also accused of not enacting quarantine or physical distancing measures aboard the ship.
The plaintiffs allege Disney Cruise Line was or should have been aware of a memorandum from the CDC that outlined guidance for ships at the onset of the pandemic. The lawsuit continues, saying Disney, like other cruise ships, received “an early, dire warning” of how easily the virus can spread on ocean liners after the first cases emerged aboard another vessel in Yokohama Harbor, Japan.
The lawsuits accuse Disney Cruise Line of negligent failure to warn of the dangers of COVID-19 aboard the ship and general negligence.
Disney Cruise Line shared an email sent to all guests on March 7, 2020, sailing received ahead of their cruise, that reads in part:
“Information continues to evolve quickly and we are closely following guidance from health officials and authorities in the ports of call we visit. As always, your health and safety, as well as that of our crew, is our primary focus. We are also committed to keeping you informed and updated, and are happy to address any questions you have in advance of your cruise and once you’re onboard.”
The email goes on to outline guidelines for those onboard, including temperature checks, screening for symptoms, extensive cleaning, and, if applicable, prohibiting guests to disembark in any Bahamian port if they had been to China, South Korea, Italy, or Iran in the 20 days before arrival. All four of those countries were the hardest-hit by the virus at the time.
A future court date has not yet been set.
The Schrier Law Group is ready to handle any coronavirus / COVID-19 case and Schrier Law has the resources necessary to help you and your family score a successful outcome. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
The parents of 10-year-old Hailey Lynn McMullen, who was killed after she was thrown from an amusement ride in Cumberland County, New Jersey, have sued the manufacturers and operators of the ride alleging they knew for many years that the ride could be deadly.
McMullen died October 12th, 2019, just an hour after she was thrown from the “Xtreme Super Sizzler” at the Harvest Festival in Deerfield Township in Cumberland County, authorities said.
Christopher and Amanda McMullen (Hailey’s parents) say in the lawsuit that the ride’s original product literature stated the ride was not recommended for small children, according to the suit filed in Superior Court of Middlesex County. The suit names Colorado-based manufacturer Wisdom Rides of America and Skelly’s Amusements of Gloucester County, which has operated the same ride at the Middlesex County Fair since 1998, as well as business associates of both companies.
In 2006, after a series of ejections on the “Xtreme Super Sizzler,” California officials issued a seatbelt mandate for all Sizzler rides, according to the suit.
Dennis Marconi of Trenton, an attorney for Skelly’s, said Wednesday that seatbelts are not required on the ride in question and added that the ride had passed state inspections. Marconi said there are different types of “Sizzler” rides and that litigation will show California mandated seatbelts on a different type of ride.
Wisdom Rides did not immediately return calls on Wednesday seeking comment.
The McMullens are asking the New Jersey State Police and the state’s Department of Community Affairs to release “voluminous documents” of their investigations into the tragedy.
The lawsuit was preceded by a product liability lawsuit filed in January by the mother, Amanda, and Carol McMullen, who is Hailey Lynn McMullen’s grandmother. Amanda McMullen states in the earlier lawsuit that her children and their grandmother witnessed the tragedy and have suffered extreme emotional distress as a result.
The product liability lawsuit alleges negligence and liability on the part of the manufacturer and operator and seeks compensatory and punitive monetary damages.
Product Liability cases can be tricky. Most often in these cases, one gets injured. Typically it is not tied into wrongful death as well. When emotions run high, it can be difficult to make a strategic decision when choosing the perfect personal injury lawyer. In order to be prepared, develop a list of trustworthy attorneys that you can call when an emergency occurs.
The Schrier Law Group handles many product liability / wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
In November, a tragic situation occurred when a Sarasota, Florida youth sailor was fatally slashed by a spinning boat propeller after his coach triggered the throttle and the boy tumbled overboard.
Ten-year-old Ethan Isaacs’ death has led to a wrongful death lawsuit by his family and a proposed bill in his name called “Ethan’s Law,” authored by Sarasota state Rep. Fiona McFarland.
The proposed legislation would require the pilots of boats less than 26 feet long to wear a kill switch device that automatically shuts off the engine if the operator is thrown overboard. Seven other states have similar laws in place, and the U.S. Coast Guard will adopt the same rule in 2021. It is wrongful death boating accidents just like this one that Schrier Law Group takes on.
Who Was Ethan, and What Happened
Ethan, a sixth-grader at Pine View School for the Gifted in Osprey, was taking part in a Sarasota Youth Sailing Inc. sail practice when his boat capsized. His coach, 18-year-old Riley Baugh, came to his aid in a 20-foot Caribe Nautica inflatable powerboat.
Baugh was bailing water out of Ethan’s boat when he accidentally struck the throttle, causing the boat to lurch forward and throw him overboard. The steel propeller fatally wounded Ethan and hurt two other youth sailors.
McFarland was approached by Ethan’s parents shortly after his death and together they created the bill to address boating safety issues that could prevent future tragedies from occurring.
What Does the Bill Entail
Rep. McFarland has received wide support for the bill. She worked with the Florida Fish and Wildlife Conservation Commission, boat owners associations, boat manufacturers, and other marine safety stakeholders to craft the bill’s language.
“Whenever there’s a tragedy, particularly when a young child dies, you always wonder what could have been done to prevent it from happening,” McFarland said. “I’m honored to be working with the Issacs family to make the Florida waterways safer.”
Florida regularly ranks as the number one state for boating accidents and fatalities, according to recent government reports. There have been 95 formal reports of accidents involving a boat operator falling overboard, 79 that resulted in someone injured or killed, according to McFarland.
The legislation would allow the FWC and law enforcement officers on waterways to enforce the same rules that the Coast Guard follows at the federal level: ensuring boaters are wearing their engine cutoff switch lanyard or have an operational wireless kill switch.
Boat manufacturers have been federally required to equip new vessels with an engine cutoff switch since 2018.
A little over a month after Ethan’s death in November, Tampa-based personal injury attorneys filed a wrongful death suit on behalf of the Isaacs.
The 22-page complaint filed in Sarasota County circuit court blames SYS and Baugh for negligence, poor training and a lack of supervision that ultimately cost Ethan his life.
Baugh is believed to be the only coach in charge of the Optimist Green Fleet that Ethan was a member of along with 15 other youth sailors.
According to the suit, Ethan was training with the Green Fleet, a collection of youth sailors who met prerequisites set by SYS to sail Optimist sailing vessels on open water. The Optimist, also called an “opti,” is a small, single-handed sailing dinghy about the size of a bathtub.
They launched in choppy but navigable waters under the supervision of Baugh, who was certified as a Small Boat Instructor Level 2 by U.S. Sailing in January 2020. He holds CPR and First Aid certifications. Baugh also has a SafeSport certification to promote a safe and positive environment free from abuse and misconduct.
The complaint said Baugh’s boat was equipped with a fully operational emergency outboard engine stop switch, stop-switch key and accompanying lanyard. The kill-switch key allows electricity to flow to the engine while the key is secured.
After Baugh became aware that a child’s boat was taking on water, he piloted his powerboat alongside. He left the controls of his vessel and leaned over the side of the boat to bail water out of the Optimist dinghy. However, Baugh had not turned the engine off and, while he bailed water, he unintentionally struck the throttle and the boat moved forward, causing him to fall out.
The unmanned boat struck multiple youth members of the green fleet, including Ethan, who was fatally injured. Baugh was able to regain control of the boat.
The wrongful death action is seeking in excess of $30,000 on behalf of Ethan’s estate. Beneficiaries of the monetary claim are his mother and father. Ethan also has an older brother who was sailing nearby at the time of the accident.
Boating accident death cases can be emotional, tragic, and unfair. When emotions run high, it can be difficult to make a strategic decision when choosing the perfect personal injury lawyer. In order to be prepared, develop a list of trustworthy attorneys that you can call when an emergency occurs.
The Schrier Law Group handles many boating injury cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any boating injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group knows that when you are overcoming an unexpected personal injury, whether you were injured in the workplace or were a victim of medical malpractice, there are many ways that you can seek compensation for your loss. Unfortunately in today’s working culture, the risk of an unexpected injury happening to you during your day-to-day life can occur.
When a situation like this occurs, the first step is calling a personal injury lawyer. It’s important that you develop a relationship with one that you can truly trust. Here, we will share the most important things to look for in a personal injury lawyer.
1 – Valid and Focused Experience
From medical malpractice to slip-and-fall cases, a firm like Schrier Law Group is not afraid to tackle any situation. Although this willingness is useful, it doesn’t allow lawyers to gain focused experience. When looking for the perfect attorney, seek out an individual who has experience working with the specific issue you are facing.
2 – Compatible Personality
When you hire an attorney, you will likely spend a lot of time conversing with them. It’s important that you feel understood by the professional that you are working with. In addition, the lawyer should be able to explain the court process in a way you understand. Once you find someone with who you feel comfortable, it will be easy to open up about the details of the case.
3 – Plausible Reputation
Not only should the attorney have ample experience, but they should have trusted relationships in the marketplace. Insurance companies, former clients, and other lawyers should speak highly about this professional. The best lawyers are known for the quality work they do for their clients. Look for testimonials from prior customers. Do not be afraid to reach out to these individuals and inquire about their experience.
4 – Willingness to Ask Difficult Questions
The right lawyer will ask you difficult questions about the case in order to ascertain the details of the case while ensuring that they are fighting their legal battle from the right angle. These inquiries help the attorney get to know your case on a deeper level. Difficult questions reveal that the lawyer is truly advocating for fairness and working to understand your testimony.
A lawyer should not just take your case, they should want to assist you in your journey to justice. This commitment helps them serve their clients with excellence.
Personal injury cases can be emotional, tragic, and unfair. When emotions run high, it can be difficult to make a strategic decision when choosing the perfect personal injury lawyer. In order to be prepared, develop a list of trustworthy attorneys that you can call when an emergency occurs.
The Schrier Law Group handles many personal injury cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any personal injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group handles many cases, but one of the most difficult is the wrongful death suit. Wrongful death claims are brought against a defendant who has caused one’s death, either through negligence or as a result of intentional action. Wrongful death claims allow the estate and/or those close to a deceased to file a lawsuit against the party who is legally liable for the death.
When Does a Wrongful Death Claim Apply
A wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claim is killed as a result of the defendant’s wrongful action.
This can occur in a variety of situations, including:
- When a victim is intentionally killed
- When a victim dies as a result of medical malpractice
- Car accident fatalities involving negligence
These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation.
What Must Be Proven
In order to hold a defendant liable in a wrongful death claim, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet had the victim lived. So this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Who Can File a Wrongful Death Claim
A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors are can vary from state to state.
In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of a parent.
Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for the wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to get a legal remedy via a wrongful death case.
Wrongful Death Damages
Damages in a wrongful death claim—categories of losses for which a survivor might be able to receive compensation—include:
- the deceased person’s pre-death “pain and suffering”
- the medical treatment costs that the deceased victim incurred as a result of the injury prior to death
- funeral and burial costs
- loss of the deceased person’s expected income
- loss of any inheritance as a result of the death
- value of the services that the deceased would have provided
- loss of care, guidance, and nurturing that the deceased would have provided
- loss of love and companionship, and
- loss of consortium
The Schrier Law Group handles many wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group is not surprised to let you know that the state of Florida alone has over 400,000 car accidents per year. These accidents bring about over 250,000 injuries and over 3,000 fatalities. All of these accidents can usually be blamed on the negligence of one of the drivers involved.
When these accidents occur, you need a personal injury attorney that will aggressively back you in a court of law. The Schrier Law Group in Florida is the team that brings their years of personal injury expertise to the table. If you need an attorney to aggressively represent you after being injured due to the carelessness of another person’s actions, then call Schrier Law Group today.
What Types of Cases Does a Personal Injury Attorney Take
Personal injury is a very broad term that encompasses all injuries that have been caused due to the negligence of another. Examples of these situations are:
- Auto Accidents
- Slip and Fall Accidents
- Medical Malpractice Lawsuits
- Wrongful Death Claims
- Construction Accidents
- Pool Injuries & Drownings
- Product Liability Claims
- Boating Accidents
- Truck Accidents
- Work Accidents
All of these are examples of accidents that can happen when another person is being careless. Many of these accidents can leave you with a long period of pain and recovery. This means a lot of lost wages and time. You deserve to be compensated for the loss of wages, medical bills, psychological impacts of the accident, lost time, and the price of having to suffer through it all.
The Schrier Law Group handles many personal injury cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any personal injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!