Schrier Law Group: The Personal Injury and Insurance Litigation Law Firm You Need

Welcome to Schrier Law Group. The Law Group is a Florida-based statewide personal injury and insurance litigation law firm. For over 50 years now, the lawyers and staff at Schrier have provided legal strategies to aggressively represent all clients and their families.

Obviously, nobody wants anyone to get hurt or worse, to tragically lose their life due to another person’s or company’s careless act. However, the bad news, is that automobile accidents, slip and fall incidents, as well as many other negligent acts, all too often lead to a preventable injury or to a family member’s wrongful death.

 

Call Schrier Law Group

Give Schrier Law Group a call now, if you or a loved one has been injured or has tragically passed away, due to the negligence of another. Schrier Law Group cares and does want to represent the individual or those family members who may never have thought that they would ever need an attorney.

While Schrier has been and continues to be hired to secure the biggest judgements for clients, we take great pride in changing the negative perception, one client at a time. Clients often tell us that Schrier Law Group secured more money for them than they ever could have imagined. Our firm takes great pride in coming up with creative legal strategies to not only claim victory in our client’s cases, but also enjoy answering our client’s questions and developing relationships that last a lifetime because they are based on the trust that we have earned along the way.

The Schrier Law Group handles many negligence cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your 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: Your Personal Injury, Wrongful Death & Insurance Litigation Law Firm

Schrier Law Group is a well-known and highly regarded Statewide Personal Injury, Wrongful Death & Insurance Litigation law firm.

For over 40 years, this firm has aggressively and compassionately represented those who have been the unfortunate injured victims of negligence and wrongful death accidents or incidents. Unfortunately, too many avoidable accidents occur, especially in Florida.

When the careless actions of another result in someone getting hurt or even killed, the “negligent” party’s insurance company often hire good lawyers so that they can avoid paying the injured accident victim or the wrongfully killed victim’s family the appropriate amount of compensation.

Clients often tell us that The Schrier Law Group secured more money for them than they ever could have imagined. We take great pride in coming up with creative legal strategies to win our client’s cases, but we also enjoy answering our client’s questions and developing relationships that last a lifetime because they are based on the trust that we have earned along the way.

While we have been and continue to be hired to secure the most money for our clients, from just about every part of Florida, we take great pride in changing the negative perception, one client at a time.

Whether your case is against another driver, another person, or against a large corporation, clients hire The Schrier Law Group in order to secure the most money for their case. Get the most money for your case and do not become an ignored victim. Schrier Law Group can be reached at (800) 700-7285. Call us for a free case evaluation. Justice for you and your family can start now.

$6 Million Settlement Reached in Wrongful Death Suit for Kyle Plush

 

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!

Four Ways COVID-19 Has Affected the Personal Injury Legal World

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.

 

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 about 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.

 

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.

 

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. 

 

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.

 

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!

Five People Suing Disney Cruise Line After Allegedly Catching COVID-19

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 said they contracted the virus and began feeling sick.

 

Disney’s Reaction

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.

Disney says its buffet line was closed on March 12, 2020.

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!

Are You in Need of A Personal Injury Attorney in Florida?

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:

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!

Tyson Foods Seeks Dismissal of COVID-19 Related Lawsuit

There are many, and Schrier Law Group would like to reiterate, many COVID-19 lawsuits being filed all around the country. One company in the crosshairs was Tyson Foods. Iowa State and federal legislation has shielded Tyson Foods from a negligence claim filed by a family who says their father contracted COVID-19 at the meatpacker’s Storm Lake, Iowa, pork plant and later died, the company says in new court filings.

Tyson is seeking a dismissal, saying the lawsuit is barred by Iowa’s new COVID-19 Response and Back-to-Business Limited Liability Act and former President Donald Trump’s designation of meatpacking plants as critical infrastructure with a responsibility to continue to operate during the coronavirus pandemic.

Tyson also contends that the family of Michael Everhard has not proven that he contracted the virus while at work and that the claims should be adjudicated by Iowa’s worker compensation system.

What are the Details?

A 27-year Tyson employee, Everhard, 65, of Fonda, Iowa, died on June 18th, three weeks after being hospitalized and diagnosed with COVID-19. His family sued Tyson for gross negligence in December, saying that Everhard was forced to work in a confined work environment without proper safety measures while Tyson knew it was not implementing the necessary precautions available to protect workers from the virus.

In its motion to dismiss the suit, Tyson says the issue must be adjudicated through the Iowa Division of Worker’s Compensation and that Everhard’s family is circumventing the process.

The Everhard’s family attorney has said that Tyson can only claim immunity from liability for injuries or death of its employees if worker’s compensation or occupational disease compensation benefits were recoverable by a worker’s family or estate. Tyson has denied that Everhard’s family has a claim for worker’s compensation, he said, so it loses that immunity.

The COVID-19 Response and Back-to-Business Limited Liability Act shields businesses from virus-related lawsuits unless plaintiffs can show a company acted with actual malice and intentionally and recklessly disregarded its workers’ safety.

 

Tyson’s Court Filings

Tyson said in previous court filings that since the beginning of the pandemic it has followed federal workplace guidelines and has invested millions of dollars to provide workers with safety and risk-mitigation equipment. Tyson, which employs more than 2,300 workers at its Storm Lake turkey and pork processing plants, conducted mass testing of its Storm Lake workers in May, and in June announced that 591 workers at the pork plant there had tested positive for COVID-19.

Tyson said in its dismissal motion that Trump’s declaration of meatpackers as critical infrastructure gave him the discretion to determine the manner, conditions and extent of their operations during a national emergency. That shields the company and others deemed as critical from lawsuits such as Everhard’s, Tyson said, because imposing liability on the company would undermine the emergency declaration.

At least one judge in Iowa has ruled otherwise.

The Schrier Law Group handles many cases. COVID-19 cases are new to the legal world, but Schrier Law has the resources necessary to help you and your family score a successful outcome in any case (including COVID-19 cases). 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!

Wrongful Death Lawsuit Filed Against City of Austin For Teen’s Suicide

A new lawsuit has been filed against the city of Austin (in Texas) four years after a teen shot himself (in a suicide attempt) in the back of an Austin Police patrol car and later passed away. Amounts of the suit have not been disclosed.

The lawsuit, filed on January 8th, 2021, alleges wrongful death against the City of Austin, Texas, after Zachary Anam was arrested due to accusations of shoplifting at a south Austin shopping mall.

Austin Police took Anam into custody on January 9th, 2017. However, neither mall officers nor APD officers confiscated the gun the alleged suspect had in his waistband.

On the drive to the Travis County Jail, audio recordings reveal the officer talked to Anam about spending “the rest of his life behind bars,” and a few blocks from the jail, Anam told him he was suicidal, to which the officer responded,  “they’ll take care of you at the jail.”

Anam then told the officer, “I don’t know if I’m going to make it,” before telling him, “I have a loaded firearm to my head, Officer!”

Once at the jail, the officer left Anam alone in the car before he fired a shot at his head. He died from his injuries later that day at the hospital.

What Does the Suit Entail

It also says in years preceding Anam’s death, jail officers found weapons on “detainees arrested and (allegedly) searched by APD officers on average more than once a month, and goes on to give data about weapons missed from 2013 to 2017.

In August 2020, Austin’s 3rd Court of Appeals ruled that legal action can be taken against the City of Austin, after it denied the city’s request to be immune. That decision allowed for the lawsuit to proceed for a trial in March.

A similar lawsuit was filed two years ago by Anam’s parents, but was dropped in October 2020.

We will be following this one closely, here at Schrier Law Group.

The Schrier Law Group handles many wrongful death cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your 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!

Tampa Bay Bucs Star Rob Gronkowski Sued Over Teeth-Whitening Product

Tampa Bay Buccaneers tight end Rob Gronkowski, who has certainly had his share of endorsements over the years, has gotten involved with a company that has gotten him sued.

As per The New York Post, a $5 million class action has been filed against Snow Teeth Whitening and a pair of celebrity endorsers: Gronkowski and Floyd Mayweather.

The suit claims that the company unjustifiably charged / charges over a hundred dollars more than arguably comparable products and that the company makes false claims that the lights they sell to consumers will dramatically improve the whitening power and antiviral or antiseptic qualities.

The civil complaint also reportedly contends that the company has suggested in advertising that a “red-light option kills viruses and bacteria in the mouth,” with reference made to the ongoing pandemic in a way that allegedly suggests the device protects against COVID-19.

 

The Interesting Part…

The basis for Gronk’s specific responsibility isn’t clear, since he simply endorses the product. But, the lawsuit claims that he was ‘compensated for repeatedly promoted [sic] defendants’ products on his individual social media accounts and his ˜Gronknation” social media accounts. Even if Gronk was passing along allegedly fraudulent claims, the fraud ultimately comes from the company. Absent proof that Gronk actually knew the claims were false, it’s hard to imagine that he’d be individually responsible for the lies that were told. It really does seem like a stretch to go after the celebrity endorser instead of the actual company committing the problem.

If the company doesn’t agree to fully and completely indemnify Gronk for all potential liability, he should immediately file what the legal process calls a “cross-claim” against Snow Teeth Whitening forcing the company to pick up the full tab.

We will be following this one closely, here at Schrier Law Group.

The Schrier Law Group handles many product liability cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your product liability 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!

Florida Report Gives Docs Idea of Which Insurers Settle or Fight Malpractice Claims

Schrier Law Group will be the first to tell you, that when it comes to litigation, it is important to know which entities tend to settle and which tend to fight tooth and nail when it comes to medical malpractice (or any legal lawsuit). And while we fight for our clients the same way, either way, it is good to know what companies tend to do.

Florida’s Office of Insurance Regulation has put out an annual report (for 20 years now) on the condition of the medical malpractice insurance market that provides an inside look at insurers regarding strength, claims responses, and more. The 2020 report, which focuses on the top 20 medical malpractice companies in the state, is especially useful when trying to find out which insurance carriers litigate claims versus how many close their cases with payments.

“What we find most useful is the closed claims data chart, which lets us understand each company’s claims philosophy,” said Matt Gracey, CEO and medical malpractice insurance specialist at Danna-Gracey, the largest independent medical malpractice insurance agency in Florida. “Are they going to fight a claim that’s defensible, or settle everything they can to avoid a big shock loss?”
“Some insurers take the position that it’s a lot better to settle cases because the doctor and the insurance company aren’t exposed if they can get the doctor out for limits of liability or less,” he continued, adding that claims totaling more than $10 million are becoming more frequent. “Others believe in fighting anything that’s defensible, which is what most doctors want so as not to blemish or ruin their reputations.”
The data reflects a company’s confidence in its in-house claims managers, who decide which claims to settle and which to push back on, as well as the outside attorneys they hire. The 2020 report is an interesting mix, with some companies settling numerous cases and others holding the line.
The top two medical malpractice insurers in Florida, The Doctors Company and MedPro, for example, settled 58.4% and 40.1% of their claims with payments; whereas ProAssurance settled 81.5%, MedMal Direct settled 88.6%, and Physicians Insurance Company settled 93% with payments.
The report also reflects a recent change by the Florida Legislature to a longstanding law that kept insurance companies from offering malpractice insurance that allowed doctors to choose whether to consent to a settlement.
“Before, if a doctor was sued and wanted to settle, the insurance companies could still decide to fight the suit. The doctor wasn’t allowed by law to have any voice in the decision,” said Gracey. “Now, if an insurance company wants to give a doctor a say in settling, they can.
According to Gracey, it can be problematic when an insurance company gets a reputation for settling cases.
The Schrier Law Group handles many medical malpractice cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your 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!