How to Prove Wrongful Death in Florida

As the name suggests, proving a wrongful death claim requires the deceased’s personal representative to prove the death was caused by a wrongful act. That can include negligence, default, breach of contract, or a breach of warranty. Further, the claim must prove the deceased individual would have been entitled to personal injury awards if they survived the incident. 

With that in mind, proving a wrongful death claim isn’t always easy. It requires a proven Florida wrongful death attorney’s knowledge, experience, and savvy in many cases. At Schrier Law Group, our attorneys have more than four decades of experience successfully recovering damages for personal injury and wrongful death claims. 

We’re confident that we can help you and your family obtain the best possible outcome in your case. If you’ve recently lost a loved one due to the wrongful acts of a person or entity, your family deserves maximum compensation for their death. 

Contact us today to schedule your free initial consultation with a wrongful death lawyer in Florida you can trust. Continue reading to learn how to prove wrongful death in Florida. 

What You Need to Prove in a Wrongful Death Claim 

Generally, wrongful death claimants must prove three elements; duty of care, a breached duty of care, and causation of death. If these three elements can’t be proven, it’s unlikely that you will win a wrongful death case. Learn more about each below. 

Duty of Care

Like personal injury cases, the deceased’s estate must prove the defendant owed them a duty of care. A duty of care can be defined as a legal obligation requiring individuals and entities to provide reasonable care to avoid injuring others. Examples of parties that owe others a duty of care include: 

  • Motor vehicle drivers 
  • Product manufacturers
  • Healthcare providers
  • Business owners 

If the defendant’s actions are contrary to the duty of care, it can be considered negligence. Death resulting from their negligence can be the basis for wrongful death claims. 

A Breached Duty of Care

In addition to proving the defendant owed the deceased a duty of care, the plaintiff must also prove they breached that duty. For example, if a loved one was killed in a car accident, the plaintiff must prove that the death was caused by recklessness, speeding, distracted driving, inattention, etc. That duty of care extends to many other areas like healthcare, product manufacture, law enforcement, business owners, and much more. 

The Cause of Death 

In addition to the section above, your Florida wrongful death attorney must prove the defendant’s negligent actions (or inaction) were a direct cause of the deceased person’s death. 

Proving a breached duty of care often requires the knowledge and experience of a proven wrongful death attorney. Your attorney can investigate the facts of your case, identify critical witnesses, enlist the services of expert witnesses, and much more. 

What is The Statute of Limitations For Wrongful Death Claims in Florida? 

Generally, the deceased’s family must file a Florida wrongful death claim within two years of the date of death. However, there are exceptions. For example: 

  • Medical Malpractice – wrongful death cases must be filed within two years from the time of the incident that caused the death or within two years from when the wrongful action was discovered. 
  • Murder Cases – Since murder and homicide investigations can sometimes take years or months to conclude, the clock on wrongful death statute of limitations for these cases doesn’t start until law enforcement and prosecutors identify the responsible party. 
  • Government Agencies – Suppose a government agency or entity is to blame for your loved one’s death. In that case, the statute of limitations is extended to four years. That’s because wrongful death claims against government entities are a much more complicated process, typically requiring more time. 

If you don’t file a wrongful death claim within the Florida statute of limitations, you may lose your right to pursue damages. 

With that in mind, you must file your wrongful death claim on time and correctly to ensure the best possible outcome. Contact the best wrongful death attorneys in Florida at The Schrier Law Group to discuss the merits of your case today. 

Contact The Schrier Law Group Today

Pursuing a wrongful death claim without a competent attorney is not recommended. It’s challenging to handle the loss of a loved one and attempt to understand Florida’s complicated wrongful death laws simultaneously. 

The wrongful death lawyers at Schrier Law Group are here to help you navigate the legal process while you grieve. Contact us today for your free initial consultation with an attorney you can trust. 

CAN YOU SUE FOR WRONGFUL DEATH AFTER A CAR ACCIDENT IN FLORIDA?

Suppose your loved one was killed in a Florida car accident due to another driver’s negligence. In that case, you might be eligible to recover maximum damages for wrongful death in Florida. However, your case must meet all wrongful death requirements and be filed within the statute of limitation for wrongful death claims in Florida. 

Over the past 40 years, the wrongful death attorneys at Schrier Law Group have represented countless individuals in wrongful death cases. Our lawyers are here to investigate your case, negotiate your claim, and hold all responsible parties accountable for the death of your loved one. 

Contact us today at 1-888-831-2688 for your free initial consultation with a proven Florida wrongful death lawyer. 

What Constitutes Wrongful Death in Florida? 

Generally, a wrongful death occurs when an individual dies due to another party’s negligence, wrongful act, breach of contract, etc. That means that an individual who causes a car accident resulting in death may be liable for wrongful death. It’s important to note that an individual can be responsible for a wrongful death, whether the act was accidental or intentional. 

Who Can File a Wrongful Death Claim in Florida? 

Suppose the deceased person names a personal representative in their will or estate plan. In that case, the personal representative can file a wrongful death claim on behalf of the deceased’s estate and family. 

However, if there is no will or estate plan, the Florida courts will appoint a representative. Generally, the following people can be named in a wrongful death suit in Florida: 

  • Spouse, parents, or children of the deceased
  • Relatives related by blood 
  • Adopted siblings 

If the victim was a child, the parents could file a wrongful death claim. Further, if the deceased was divorced or unmarried, the adult children can file a claim. 

7 Damages You Can Recover For Wrongful Death

According to Florida Statute § 768.21, a personal representative can file a wrongful death suit for the following damages, but are not limited to: 

  • Medical bills – The cost of emergency medical care and other life support measures taken before the death occurs. 
  • Hospice care – If your loved one suffered serious injuries like traumatic brain injuries, internal bleeding, etc., resulting in the need for hospice care, the costs can be recovered via a wrongful death claim. 
  • Funeral costs – Funerals are not cheap. The last thing you want to worry about is the cost of burial, a casket, etc. Wrongful death claims can take care of the funeral costs. 
  • Lost income – Suppose your loved one was the family breadwinner. In that case, the personal representative could file a wrongful death claim for the income lost as a result of their death. 
  • Lost future income – In addition to lost income, the personal representative can file a claim for the value of income expected in the future. 
  • Mental pain and suffering – Losing a loved one can cause all sorts of mental anguish and pain. Fortunately, a wrongful death claim can help recover damages for the mental injuries caused by your family member’s death. 
  • The value of lost support – can include supportive measures like rent, cutting the grass, cleaning the house, babysitting, and much more. 

It’s important to note that wrongful death cases are civil claims. However, criminal cases and wrongful death cases can coincide in some instances. Further, each case is independently evaluated by the courts. 

If you’re considering taking legal action for the untimely death of your family member, it’s in your best interest to consult a wrongful death attorney as soon as possible. Contact Schrier Law Group today to discuss the merits of your case. 

Contact The Best Wrongful Death Attorney in Florida 

Wrongful death claims are complex, emotionally draining, and drawn out. With that in mind, it’s essential to work with a personal injury lawyer you can trust who will fight for maximum compensation on behalf of you and your family.

Our wrongful death attorneys are here to walk you through the process step-by-step. When you work with us, you can expect: 

  • Careful investigation of your case
  • Identification of eyewitnesses
  • Negotiations with insurers (if necessary)
  • Representation in court 
  • Assistance in settling family disputes about death claim benefits 
  • An attorney who will fight for maximum compensation for you and your family

The sudden loss of a loved one can be devastating. During this challenging time, focus on yourself and your family, and let us focus on the legal aspect of your wrongful death claim. Contact us today at 1-888-831-2688 to discuss the details of your case with a proven wrongful death lawyer in Florida. 

DISCUSSING HENRY RUGGS III CAR ACCIDENT AND DUI

On November 2, 2021, professional football player Henry Ruggs III made national news for his involvement in a felony DUI resulting in the death of Tina Tintor. If he is convicted, Ruggs faces 2 – 46 years in prison, a lifetime criminal record, and the end of his professional career. 

However, the penalties don’t stop there. Regardless of the outcome of the criminal case, it’s likely that the family of the deceased victim will pursue a wrongful death personal injury case. That means that Henry Ruggs and his insurer will likely spend many more months (if not years) either negotiating a settlement or going to court for wrongful death. 

If someone in your family suffered a wrongful death due to another driver’s negligence, you might be eligible to receive maximum compensation for their death. Contact Paul from Schrier Law Group today at 1-800-700-PAUL to speak with an experienced wrongful death attorney. 

Continue reading to learn more about the Henry Ruggs III car accident, DUI, and potential wrongful death lawsuit

Timeline of What Happened in The Henry Ruggs DUI Case

Understanding why Henry Ruggs is facing felony charges and a likely wrongful death lawsuit requires details about the case. So far, the following information has been released, but not limited to. 

  • Tuesday, November 2, 2021, 3:39 a.m: Henry Ruggs III travels at speeds north of 156 mph while intoxicated and subsequently rear-ends the Toyota Rav4 operated by the victim. The car crash was reported on Rainbow Boulevard in Las Vegas. 
  • The Police Arrive At The Scene: When the police arrive at the crash scene, they find Tina Tintor and her dog dead. They suspect that Henry Ruggs is intoxicated, but Ruggs refuses an evidentiary blood test. 
  • Warrant Issued: Law enforcement officials request a warrant for a forcible blood draw to test his BAC levels. The request is approved. Law enforcement officials draw his blood at University Medical Center. 
  • Results of the Blood Draw: Nevada prosecutors released information stating that Ruggs’s blood alcohol concentration was 0.161 at the time of the accident – which is slightly more than two times the legal limit. 
  • Wednesday, November 3, 2021: Henry Ruggs III posts a $150,000 bond and is subsequently released by the Oakland Raiders. However, he must adhere to all parameters of his release, including periodic alcohol breath tests. 
  • March 10, 2022: Henry Ruggs III is scheduled to attend a preliminary hearing to face the charges levied against him. 

What Charges Are Henry Ruggs Facing?

DUI charges are serious, no matter the circumstances. However, a DUI resulting in death and serious bodily injury carries the harshest penalties of all DUI charges. Listed below are the current criminal charges that Ruggs faces. 

  • Two felony charges for DUI causing death or substantial harm – Punishable by 2 – 20 years imprisonment and fines ($2,000 to $5,000) for each charge if convicted. One charge is for the victim’s death. The other charge is for the injuries sustained by his girlfriend, who was a passenger in his vehicle at the time of the collision. 
  • Two felony charges for reckless driving resulting in death or physical injury – Punishable by 1 – 6 years imprisonment and a fine of $2,000 – $5,000. 
  • Misdemeanor possession of a gun while under the influence of alcohol – Punishable by up to six months in prison and up to $1,000 in fines. 

Can Henry Ruggs Be Sued For Wrongful Death? 

Absolutely. A wrongful death occurs when someone engages in unreasonable, negligent, or reckless behavior that results in another person’s death. Generally, anytime someone is killed due to a DUI, their family or estate can pursue a wrongful death personal injury case.

According to reports, the family of Tina Tintor has hired a wrongful death attorney to handle their possible wrongful death lawsuit. They have not issued further statements. However, they will likely pursue a personal injury case against Mr. Ruggs and his insurer. If successful, their losses may be realized via an out-of-court settlement with Henry Ruggs’ insurer, in court, or both. 

Contact a Florida Wrongful Death Attorney Today  

DUI-related deaths occur in Florida far too often. If your loved one or family member lost their life due to the negligence of another driver (for DUI or other reasons), you have the right to pursue maximum compensation for your loss. 

While recovering damages is not an equal replacement for the loss of a loved one, it can help to offset costs associated with their death, including but not limited to funeral costs, lost income, pain and suffering, and much more. 

Contact Schrier Law Group today to schedule a free initial consultation with a proven wrongful death attorney to discuss your case. 

Scales of Justice inside of courtroom

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.

Our Experience

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.

What Our Clients Say

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.

Call Schrier Law Group Today!

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

Photo of 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!

Lawsuit States Operators & Manufacturer Knew Ejection Risk After 10-year-old Killed on Carnival Ride

Xtreme Super Sizzler Ride at Night

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.

What Happened

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!

 

How a Wrongful Death Lawsuit Works

Wrongful Death Lawsuit Paperwork and Gavel

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!

Gavel on White Background

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!

How Schrier Law Group Assists Florida Families With Wrongful Death Claims

Sign with Law in Gold Letters

Schrier Law Group knows that no amount of money can erase, or even substantially ease, the pain of losing a loved one. Especially when it’s an accident that could have been prevented. Still, unpaid bills, along with an uncertain financial future, can increase the affected family’s difficulties tenfold.

wrongful death lawsuit can provide a family with much-needed funds at difficult times. Especially when it has so many other issues to be concerned about. These lawsuits may also help uncover the truth when it is unclear how a loved one died and may even prevent the guilty party from harming some other family in the future.

Understanding and compassionate wrongful death attorneys like Schrier Law Group in South Florida will guide your family through the entire process of filing a wrongful death claim in court to recover appropriate damages for a loved one’s catastrophic injuries and death. Although fighting in court may not be your primary concern at the time, it is imperative for your family to file a claim within Florida’s statute of limitations. This is only a portion of what we can do for families.

What is a Wrongful Death Claim?

Wrongful death occurs when a responsible person or business violates its duty of care to an individual, resulting in that person’s death. For example, drunk drivers violate their duty of care to their victims when they drive while impaired and cause an accident that kills someone an action for which they should be held accountable.

Many types of accidents can be the cause of a wrongful death lawsuit, including:

  • Vehicle accidents, including impaired or distracted driving or manufacturing defects
  • Public transit accidents
  • Truck accidents
  • Boating accidents
  • Product liability
  • Premise liability
  • Medical malpractice
  • Dangerous drugs
  • Construction accidents
  • Dog attacks

How is a Wrongful Death Lawsuit Filed in Florida?

A wrongful death claim is filed by the personal representative, (Schrier Law Group) administering the estate of a deceased loved one. The claim is generally based on an underlying personal injury claim (like listed above). Therefore, the family must prove all elements of an accident and the relationship between the accident and the fatality. The lawyer must present evidence related to the auto accident and demonstrate that the injuries resulted in the loved one’s death.

After recovering damages from the defendant, the estate distributes the compensation to the deceased’s beneficiaries. A wrongful death lawyer in Florida will assist the personal representative through the process of litigating the case and collecting on the judgment.

The aftermath of an accident is just as important as the accident itself. If you have been involved in an accident with a car, truck, or boat, and a loved one has died due to the accident, contact our wrongful death attorney in Florida as soon as possible for help with your claims.

The Schrier Law Group handles many wrongful death cases. 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!

Austin Texas Police Badge

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!