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Will it ever be too late to file a claim?

Under the laws of our state, you will have exactly fours years from the time that you are aware of your injury to file a personal injury claim against the responsible party. If you wait any longer than that, you will no longer be eligible to pursue compensation to deal with the costs that have been associated with your injury.

It is important to note that this period of time, otherwise known as a statute of limitation, only begins once you could have reasonably become aware of the injury. This is an important distinction, as some injuries may be immediately apparent, such as a broken bone sustained in a collision, as opposed to injuries that may take years to manifest, such as the cumulative effect of a dangerous medication.

If you or someone you love has been injured in an accident that was caused by someone else, it will be in your best interests to begin working through the legal process as early on after the accident as you are able. To speak with a West Palm Beach personal injury attorney with Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., about the particulars of your accident, please call our offices at (561) 689-8180 today.

Pedestrian dies in Lantana vehicular accident

A male pedestrian was recently killed when he was struck by a vehicle while attempting to cross a road, news sources reported on January 16.

Officials from the Palm Beach County Sheriff’s Office revealed that on January 15, Joshua McElduff, 32, was struck by a vehicle on Hypoluxo Road while walking in the street. The victim reportedly came from Seacrest Boulevard and was trying to get to the other side of the road when the accident occurred.

The collision threw McElduff up on top of the vehicle’s hood before he fell into the vehicle’s windshield. Officials pronounced McElduff dead at the scene. The driver who struck the pedestrian was later identified as a Hypoluxo resident, 27-year-old Kayla Weigel. Weigel did not sustain injuries from the mishap. Authorities are considering alcohol as a possible factor in the pedestrian’s death.

Over 80,000 pounds of beef recalled in the US

A meat processing company in Minnesota recently issued a recall of approximately 89,568 pounds of beef patties after an inspection revealed that some products contained wood debris, the U.S. Food Safety and Inspection Service stated on January 4.

In the Class II Recall submitted to federal authorities, the “Sam’s Choice Black Angus Beef Patties with Vidalia Onion” packed in two pound containers may possibly be contaminated with “extraneous wood materials.” The issue was discovered during the production stage. Neither the recalling company, Huisken Meat, nor the FSIS have received any reports of illnesses or injuries involving the affected beef patties. Consumers are warned not to eat the recalled products and to throw them away or take them back to the store for a refund as soon as possible.

The lawyers at the Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. represent people in West Palm Beach who have been injured or become ill as a result of consuming contaminated food products. We strongly believe that negligent companies are responsible for compensating consumers who have been injured by their products. Call our office today at (561) 689-8180 to find out how we may be able to help you.

Palm Beach County man wrecks stolen vehicle, injures others

A convicted man is now in a coma after stealing a vehicle and causing multiple accidents during a car chase on Dec. 16. Michael Kungis, a man with 47 felony arrests and 10 convictions, is now in critical condition at a local hospital. Martin County Sheriff William D. Snyder stated in a press conference that Kungis would be charged with reckless driving, fleeing and eluding, and aggravated assault for this latest accident.

The incident began when Kungis was seen loitering near a commercial van at 8:20 that morning. When he initially stole the van, the original operator of the vehicle attempted to grab the car door, resulting in minor injuries. A chase ensued along Interstate 95, at which point Kungis intentionally swerved into patrol cars before losing control of his own vehicle.

Kungis also hit an SUV as the stolen van rolled across northbound and southbound lanes until eventually stopping in the grass along the interstate. The driver of the SUV sustained minor injuries. The severely injured felon was taken to the hospital by Trauma Hawk where he is being treated. Kungis was previously released early from prison in May 2014 after being convicted of commercial fraud and stolen property in September 2012.

The West Palm Beach car accident attorneys at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. are experienced in handling all types of vehicle incident cases. If you were involved in an accident and are now dealing with medical bills and lost wages from your injuries, please call (561) 689-8180 today. Our office may be able to help you find the compensation you need to move past your accident.

CPSC continues to investigate hoverboard fires

The U.S. Consumer Product Safety Commission (CPSC) stated on December 16 that they will continue to investigate the fire risks linked to hoverboards. “The challenge is to move quickly but also thoroughly and carefully to find out why certain hoverboards caught fire,” CPSC Chairman Elliot Kaye stated.

The agency is anticipating many consumers buying these devices for holiday gifts, and officials are working hard to determine best practices for ensuring safety. Aside from fire risks, the CPSC is also aware of several individuals who suffered injuries after falling off of the two-wheel, skateboard-like personal transportation device. The CPSC official website lists several safety tips for consumers to prevent property damage or injuries. Kaye also stated that they will update the public as soon as more information becomes available.

If you live in the West Palm Beach area and have suffered injuries or property damage as a result of defective products, contact the legal team of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. today by calling (561) 689-8180 to learn how we can help you pursue compensation from the responsible party.

Pedestrian Struck and Killed in Hit and Run

The Palm Beach County Sheriff’s Office is investigating a hit and run that left one pedestrian dead on December 8. The accident occurred near the Mobil gas station on the corner of Okeechobee Boulevard and Haverhill Road in West Palm Beach around 6:00 a.m. The pedestrian was found on the sidewalk outside of the gas station and remains unidentified.

Police officials rerouted drivers on Okeechobee Boulevard for over an hour as they investigated the scene of the accident. Investigators blocked off the gas station, surrounding it with yellow police tape. They also investigated a silver Ford Focus with a damaged windshield. The car was discovered in the eastbound lanes without license plates.

Police are keeping the identity of the pedestrian private until the story develops further. There is still no evidence if alcohol or other drugs were involved in the accident. Police are planning on releasing more information as the investigation continues.

Fiat Chrysler to pay $70M fine for failing to report accidents

Multinational vehicle manufacturer Fiat Chrysler Automobiles (FCA) recently agreed to a settlement of $70 million for not fully reporting accidents linked to their vehicles, Reuters reported on December 9.

According to reports, Fiat Chrysler was fined after a National Highway Traffic Safety Administration (NHTSA) investigation found negligence in reporting deaths, injuries, and other car accidents involving Chrysler vehicles. Early this year, Fiat Chrysler explained to federal investigators that they failed to report incidents due to problems affecting their database. However the automaker also said in September that they are coordinating with the NHTSA to address the issue and that they are handling the matter seriously.

Back in July, Fiat Chrysler paid a fine of $105 million for the way the company dealt with two dozen recalls affecting 11 million vehicles.

If you have suffered injuries or damages as a result of a defective vehicle, the attorneys at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. are prepared to represent you as you move forward with your product liability claim. Call our offices today at (561) 689-8180 to discuss your case today.

Crib bumpers blamed for infant death rate increase

Researchers who conducted a study at the Washington University School of Medicine, which found that crib bumpers play a role in the rise in infant deaths, have advised parents to stop using these dangerous products. The study reveals that twenty-three deaths were linked to the use of these soft cushions between 2006 and 2012. Information from the U.S. Consumer Product Safety Commission shows that this death rate is significantly higher than those of previous years. Of the forty-eight recorded infant deaths between 1985 and 2012, it was found that thirty-two may have been avoided had these crib bumpers not been used.

Author of the study and professor emeritus of pediatrics at the School of Medicine Dr. Bradley Thach announced that “Crib bumpers are killing kids,” in a news release after the publication of his research. These dangerous products pose a risk of suffocation and entanglement, among other dangers.

Families who are forced to endure the loss or suffering of a loved one have a right to pursue compensation for their pain from those who caused it. At Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., our product liability attorneys represent clients who take legal action against negligent manufacturers or companies. To learn more, call us today at (561) 689-8180.

Haverhill Road residents propose reduced speed limit to prevent accidents

West Palm Beach residents living along Haverhill Road who are concerned about their safety recently proposed a reduction in the speed limit that they feel could mitigate the number of accidents on their road. Though the current speed limit on the Haverhill Road stretch is 40 mph, an officer of the Palm Beach County Sheriff’s Office found out that some vehicles are traveling as fast as 60 mph after clocking a number of vehicles in one day.

A long-time resident identified as Terry Hadley stated that she has been forced to replace her mailbox many times as vehicles often lose control and crash into her front yard due to excessive speed. Despite residents’ requests, authorities have stated that the current speed limit is “appropriate” and that they have no plans to reduce it at the moment.

Unfortunately, families are at risk of suffering physical, financial, and emotional damage when they or a loved one is involved in accidents caused by speeding vehicles. That’s why the attorneys at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. work to help accident victims recover compensation from the responsible parties in order to offset the cost of recovery. To speak to our West Palm Beach attorneys today, call (561) 689-8180.

Establishing negligence as the cause of an accident

There is good reason for you to want to pursue financial compensation for any injury that you or a loved one sustained as the result of another’s negligence. That being said, any personal injury claim that alleges negligence as the cause of an accident will need to first establish the following basic components of negligence:

  • That the responsible party had a duty, i.e. not to not drive under the influence;
  • That this duty was disregarded, i.e. the responsible party was under the influence;
  • That the accident was caused by this breach of duty, i.e. the accident was caused by the responsible party being under the influence;
  • That this should have been an obvious consequence of breaching this duty, i.e. it is obvious that it is dangerous to drink and drive; and
  • That this breach of duty caused harm, i.e. you were hurt in the accident

If you have been injured in an accident that was caused by the negligence of another person, you should consult with an accident attorney at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., about what legal action you may now be eligible to pursue. To speak with a West Palm Beach personal injury lawyer about the particular circumstances of your accident, please call our offices in at (561) 689-8180 today.

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