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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.


Bicyclist killed in Belle Glade hit-and-run accident

A Belle Glade man was killed on Oct. 23 after he was struck by a pickup truck while riding his bicycle. The hit-and-run accident occurred just before 8 p.m. at the corner of South Main Street and Southwest Avenue F in Belle Glade. The Palm Beach Sheriff’s Office stated that the victim, 67-year-old Aaron Little, was pronounced dead at the scene.

The truck was driving on Southwest Avenue F before entering the intersection where the collision occurred. The incident occurred when the truck was turning right onto South Main Street, striking Little on his bike.

The truck that hit Little and fled the scene was described as a light blue pick-up truck with an extra cab. The driver of the truck was reported to be around 200 pounds, 5-feet and 9-inches tall, bald, and bearded. The truck driver removed himself from his vehicle to check on Little before vacating the scene. Eye-witnesses noted he was wearing a white tank top, jeans, and Timberland boots.


I was injured in a slip and fall accident, who is liable?

In certain slip and fall accidents, property owners may be held liable for not taking the steps to prevent such an accident from occurring. If you were injured in a slip and fall accident in a commercial business or in the residence of another individual, you may be able to seek damages for your injury. While there may be shared fault in the cause of a slip and fall accident, certain circumstances may help your case, including unmarked wet floors, loose tiles, or torn carpeting. An experienced personal injury lawyer will be able to inform you of your legal options and information about your eligibility for compensation from the property owner. Expenses you may be reimbursed for may include medical bills, lost wages, and financial compensation for pain and suffering. Call Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. at (561) 689-8180 to get in touch with a member of our West Palm Beach personal injury team.


What is medical malpractice?

Medical malpractice includes a number of errors that constitute medical negligence by a healthcare professional. The act of medical malpractice often includes the misdiagnosis or improper treatment of a patient that results in harm, injury, or even death. When medical professionals fail to follow standard protocol, the risk to a patient increases. Medical malpractice can increase medical expenses, prolong recovery time, and cause you excessive pain and suffering. The West Palm Beach medical malpractice attorneys at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. want to fight for your right to compensation when a physician, nurse, or other medical staff injures you through medical malpractice. Call (561) 689-8180 today to discuss your specific situation with an experienced member of our legal team.


Can I file another lawsuit if I’m unhappy with the outcome of my case?

It is not possible to bring a case to court for a second time due to an unfavorable outcome. This fact makes it imperative that your case be handled competently and efficiently by an experienced lawyer from the beginning. A knowledgeable attorney can help collect the important information you need to show the court the full extent of your injuries and expenses. By presenting a thorough, well-thought out case, you are more likely to be awarded the compensation you need to recover from your injuries. The New York personal injury attorneys of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. are prepared to discuss your case with you in order to find you the compensation you need for medical expenses, lost wages, and other costs that your injury caused. For more information on how our legal services can help you, call (561) 689-8180 today.


High rates of vehicle recalls continue

In what would later become a record-setting year for vehicle recalls, the automotive industry recalled over 49 million cars and trucks in just the first seven months of 2014. A year later, the Wall Street Journal reports that more than 34.5 million vehicles have been recalled over just the first seven months of this year. By all indications, the total number of recalls that will eventually be made in 2015 will be second only to last year’s staggering totals.

Though it is difficult to fathom how such an extensive range of vehicles could be made subject to recall over so brief a period of time, these recalls may be more indicative of the comprehensive efforts federal regulators are now taking to identify and resolve safety issues before they cause any further damage. Now that carmakers are under a higher degree of scrutiny, these companies have been more amenable to governmental audits that look into the safety of their products.

This is a significant shift in the way federal regulators operate; in the years leading up to these record-breaking rounds of recalls, regulators typically depended on the automotive industry to report safety defects and initiate recalls. While the more proactive stance will likely help to improve vehicle safety in our country, serious manufacturing and design defects are likely to continue to be recalled in the foreseeable future.

If you or a loved one has been involved in a serious car accident that was caused by a defect, you should speak with one of the West Palm Beach personal injury attorneys at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. to begin assessing what legal claim you have to compensation. To speak with an attorney in West Palm Beach about the particulars of your accident, please call our West Palm Beach offices at (561) 689-8180 today.


Jury awards $24 million to husband after fatal crash

The husband of Alanna Demella, a pregnant woman killed in a drunk driving accident in 2012, was recently awarded $24 million in damages. Alanna was seven months pregnant with a boy at the time of the crash. The accident occurred at the Fort Lauderdale Hotel where the couple was staying after winning the trip through their church. Kim, who later was found to have an alcohol blood level of .24, drove her car into the cabana and into Demella.

The jury found that the drunk driver, Rosa Rivera Kim, was 85 percent at fault for the accident and the Fort Lauderdale Hotel was 15 percent at fault. The hotel was said to have known about the dangerous road conditions near their hotel and failed to report that information to city officials. The hotel has hinted at appealing the jury’s verdict.

Kim was sentenced to 15 years in jail back in January. With a blood alcohol content level three times the legal limit and speeding in excess of 25 miles per hour, the 37-year-old was facing charges that included two counts of DUI manslaughter and DUI property damage.

When a driver chooses to behave in a reckless manner on the road by speeding or driving drunk, they put others at risk of serious injury and possibly death. If you are someone you know was injured due to the reckless actions of another driver, please contact the West Palm Beach car accident attorneys at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A.. For more information about how we can help you call (561) 689-8180.


Florida leads the nation in boating accidents

Recent data released by the U.S. Coast Guard revealed that Florida leads the nation in the number of boating accidents, an article by ABC Action News reported on May 21.

According to reports, deaths related to boating accidents nationwide had increased by an estimated 10 percent last year. The U.S. Coast Guard reported 581 boating accidents across the nation in 2014 and at least one in every seven incidents happened in Florida. Out of all of the  boating accidents reported last year, 70 of those led to fatalities. Furthermore, authorities stated that 12 of the fatal boating accidents were caused by intoxicated boaters. The marine unit in Hillsborough County was recently busy as they had expected many boats during the Memorial Day weekend.

The legal team of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. understands that many people in West Palm Beach suffer injuries in boating accidents at the hands of others. If you have recently been involved in a boating accident caused by a negligent boat operator, you may be eligible for financial compensation. Call our offices today at (561) 689-8180 to find out how we may help you.


Trek recalls 998,000 bikes over quick-release lever defect

Trek Bicycle Corporation recently issued a recall of 998,000 bicycles in the U.S. and Canada after two riders were injured and another one was permanently paralyzed, Tech Times stated on April 22.

According to Trek the 2000-2015 model bikes that are affected by the recall have a front tire quick-release lever that may suddenly swing and get caught to the front disc brake. If that happens, the bike can suddenly stop or cause the rider to lose control. Trek is urging owners of recalled bikes to have their bikes inspected for free. Bike retailers will also change the front quick-release lever for free. Customers will also receive a $20 coupon that may be used to purchase any Bontrager product, redeemable until December 31, 2015.

The West Palm Beach legal team of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., understands that many people can no longer continue working after suffering injuries caused by defective products. If you or a loved one has been hurt by a defective product, we may be able to help you obtain both financial compensation and justice from the accountable party. Call us today at (561) 689-8180 to find out how we may help you.

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