Operating a motor vehicle in Florida is a privilege that comes with the serious responsibility of driving with the appropriate care to avoid injuring others. Motor vehicle accidents often cause serious, disabling injuries, or death. Consequently, a motor vehicle in Florida is legally considered to be a “dangerous instrumentality.” More simply put, a carelessly operated vehicle can be more dangerous than a bullet. The negligent operation of a vehicle will often lead to injuries, causing overwhelming and life changing injuries and damages to innocent victims and their loved ones.
Many factors can contribute to the cause of a collision; such as the vehicle’s improper design, or maintenance, defects in the roadway or in its design, inappropriate speeds under the circumstances, the failure to yield the right of way, failing to stop, failing to keep safe distances between two vehicles, taking a turn at a too fast speed, driving while under the influence, and texting or operating a cellular device while driving, and other matters that can cause one to neglect the proper operation of their vehicle on the roadways of Weston, Fort Lauderdale and throughout, Florida. Today’s vehicles are equipped with many electronic devices that can both aide in the prevention of collisions as well as distract the operator of a motor vehicle from driving safely. Today’s newer models are equipped with new gadgetry while providing video output can form the basis of a driver losing ones attention to what is about to occur outside of the vehicle.
According to a 2011 report conducted by the National Safety Council, there were approximately 10.8 million car accidents across the United States in the year 2009. As a result of those accidents, approximately 35,900 people were killed. An additional 3.5 million were non-fatally injured as a result of the collisions. Approximately one out of every four car accidents resulted in some sort of injured victim. These numbers exemplify the importance of obtaining qualified legal representation in pursuing a claim arising out of a car accident.
There are many significant considerations that only the most competent and experienced Weston and Fort Lauderdale car accident attorneys can properly advise and represent their clients through a settlement or trial for a car accident injury case. The attorneys at the Schulman Law Group are committed to our code of skillful, caring legal representation, “hard work ethics” and “exhaustive preparation” that has proven to be the right methods for obtaining our clients’ success, throughout Mr. Schulman’s 33 year career.
The car accident attorneys at the Schulman Law Group know how to obtain uninsured or underinsured motorist benefits and how to “stack” your own benefits in those circumstances where the individual who caused the accident is not insured or not insured for enough to cover your dollar losses. The car accident attorneys at the Schulman Law Group particularly know how to seek and recover the full benefits that you are entitled to that under the circumstances other attorneys less committed and knowledgeable may overlook.
The Schulman Law Group recommends that everyone obtain the highest amount of coverage for underinsured and uninsured motorist benefits; that you elect to “stack” your underinsured motorist benefits when choosing your coverages and that you obtain an umbrella policy with the highest benefits offered for underinsured motorist benefits. Having an accident with an underinsured or uninsured wrong doer is the highest probability and obtaining the maximum amount of underinsured motorist insurance benefits is the cheapest form of disability insurance that you can obtain for yourself and your families benefits.
The Schulman Law Group has helped thousands of car accident personal injury victims; and has obtained millions of dollars in compensation for them. We have the experience and the resources to assist you and your family through each of the difficulties you may face and will work hard to obtain the most compensation for each of our clients.
The Schulman Law Group has a history of producing extraordinary results throughout its more than 34 years of practice and is eager to employ its skillful caring talents on your behalf, if the circumstances warrant it.
In most cases, we will get your lost wages, medical bills, property damage and other related costs reimbursed to you without charging any fee. We will take over the burden of exclusively dealing with your own insurance company. Even if you are not sure if you were at fault, please consult with us immediately.
The Schulman Law Group is particularly committed to representing victims of premises injuries. We have an outstanding record of recovering Millions of dollars for damages for our clients in these kinds of cases. Fall injuries cases demand a particularly righteous attorney who wants and knows how to successfully litigate them.
Individuals who are injured on another’s property, whether because they slipped and fell or because of any number of defects on the property can suffer very serious injuries, or even death. Property owners who cause injury to others may be liable if the property owner or tenant failed to maintain the property according to an appropriate standard of care. There are many ways that property owners, persons, or companies working on property can carelessly cause injury to others. The Schulman Law Group’s slip and fall accident lawyers once determined that a general contractor on a construction site at a Miami-Dade County, Florida energy plant altered construction from the original building plans submitted to the applicable Building Department. As a result, our client’s husband was horrifically killed (by his own employer’s gross carelessness). Our firm obtained the assistance from an extraordinary expert who was involved in saving lives in the 9/11 terrorist attacks at the World Trade Center and the Pentagon. As a result, the Schulman Law Group was able to recover millions of dollars in damages for our client.
In the more common cases, it may seem improbable, but a fall injury can produce some of the most devastating injuries an accident victim can suffer. As a result, Florida’s laws have placed great attention at attempting to protect us from the risks of careless property owners and managers who may neglect their grounds at the risk of a pedestrian’s slipping, tripping, or falling. All Florida counties and cities including the counties of Broward, Miami-Dade, Palm Beach, Monroe, as well as Okeechobee Counties have very specific building codes so as to avoid the risk of injury to persons coming upon someone’s property.
The status of the visitor to the property plays an important role in Florida’s premise liability law. In Florida, a person who is an “invitee” of the premise owner, is owed the duty of reasonable care. An invitee will often be a social guest or someone who is on the property in the furtherance of a business transaction. The law differs in Florida, however, with regard to those considered trespassers. An undiscovered trespasser (one whom the owner of the property is unaware of) is owed no duty whatsoever. A discovered trespasser (one whom the owner is aware of) is owed the duty to warn of known, hidden dangers on the property.
The construction of the ground we walk over must anticipate a certain degree or co-efficiency of friction so as to prevent or avoid slipping accidents. Stairs or steps running in a continual pattern must be of identical height and length – if one step is longer or wider than another a disastrous misstep could occur resulting in an ankle, bimaleolar, or trimalleolar fracture, hip fracture, spinal column injuries, concussions, shoulder or knee injuries, or even death.
The Schulman Law Group is particularly committed to working the difficult slip, trip and fall cases on behalf of its clients and awaits your contact if we can be of assistance to you or someone you care for who has been injured as a result of a slip and fall injury. For further discussion please feel free to phone toll free at (877) 529-0444 orcontact us at email@example.com.
Practically everything we use, eat, or wear arrives on trucks which travel for many hours on Americas highways. While America’s commerce benefits from the trucking industry, these multi-ton vehicles can be extremely dangerous. In addition to careless driving, there are many other factors that can cause or contribute to a trucking accident.
Trucks are more difficult to operate safely than passenger vehicles on congested roadways, typically requiring longer stopping distances, and therefore should never speed or tailgate. In addition, trucks have larger “blind spots” than passenger vehicles and may have worn-out parts from the extraordinary mileage they travel along. Trucks can be prone to jack-knifing because of improper weight distribution and a higher center of gravity, which may result in a spill or loss of load, causing accidents and potential injuries to others. Finally, trucks are sometimes driven by drivers who have driven way too long without a timely rest, or have been awake far too long to remain alert.
According to the National Safety Council, in 2009 3,380 people were killed as a result of traffic collisions involving large trucks. Of the 3,380 people killed over 75 percent were those traveling in vehicles other than the large trucks that may have caused the accident. Large truck fatalities often result from multiple-vehicle collisions. In 2008, 82 percent of large trucks in fatal crashes involved a multiple-vehicle collision. Of the trucks involved in multiple-vehicle collisions, 30 percent entailed front-end collisions resulting in death to innocent victims. It is clear from the statistics that when large trucks collide with other vehicles on the road, serious injury or death is always an unfortunate possibility, furthering the need for quality representation from an attorney with years of trucking litigation experience and expertise, such as the lawyers at the Schulman Law Group.
The ability to determine if there is a case and to obtain full compensation against negligent trucking companies requires a particularly committed, skilled, and experienced trucking accident law firm. At the Schulman Law Group we have the commitment, skills, financial resources, and most importantly, the experience to obtain just compensation for trucking accident victims. We have the ability to access those experts who can determine all the various factors that may have contributed to the truck driver’s neglect, the owner’s neglect, or possibly the manufacturer’s liability (it could be related to a braking mechanism failure; or steering design failure or how is was assembled, or manufactured; it could have been caused by suspension issues, chassis failures, or a myriad of other technical issues or failures). In order to determine the cause of the accident, the Schulman Law Group knows how to obtain the truck’s design records, its maintenance records, the truck driver’s previous driving records, their trip logs, the vehicles “black boxes,” and computer data to determine whether the truck violated either Florida or Federal Traffic rules and laws and help prove the trucking company’s fault. The truck companies hire good law firms to try to avoid compensating you or to minimize their responsibilities and therefore you should hire even better legal counsel. They look to avoid and delay your compensation, and therefore you need to be represented by the right truck accident lawyers who are truly talented and know how to get the case done right for you.
Many of our clients who have been involved in trucking accidents have suffered terrible bodily injuries often requiring surgery and years of rehabilitation. The Schulman Law Group is committed to providing victims of trucking accidents, with our particular knowledge and expertise of these devastating personal injury cases, in order to obtain your rightful compensation. We encourage you to speak with one of our truck accident attorneys and learn the ways that the Schulman Law Group may be able to greatly benefit you. Please feel free to contact us at any time of day or night at (877) 529-0444 contact us at firstname.lastname@example.org
The loss of a loved one may be that much more difficult to recover from when it occurs accidentally, and as a result of another’s neglect. It is always difficult to move forward. Of course, the healing process is great; the emotional pain; the unexpected financial burdens that can seem overwhelming; but underlying all that, may be the need to really know what happened – if it was avoidable – if someone was truly to blame and may be legally responsible for all the ensuing damages. That is the pursuit of righteous justice.
If you have suffered the loss of a loved one and you have a reasonable basis to question that a loved one’s death was not only avoidable but was as the result of another’s carelessness or neglect, seeking the advice from the right professionals may be your best avenue for obtaining the truth and healing.
When a spouse or child suffers the loss of their loved one or parent as the result of the negligence of another, pursuant to Florida and Federal Law, they may have the right to receive compensation from those individuals, corporate entities, or their insurance companies that are liable for all recoverable damages (under a claim for wrongful death). The legal handling of a wrongful death case is a very serious undertaking that demands the utmost of resources and tenacity, as well as professional skill and caring. While every personal injury case has its devastating elements, the area of wrongful death requires a particularly experienced and skillful attorney and law firm to see that justice is properly obtained.
Unfortunately in Florida there are many statutes and laws, which make the process of seeking compensation on behalf of a Decedent’s survivors particularly challenging, which even more so demands considering the right personal injury, wrongful death, accident lawyers to represent those left behind.
There are also various time limitations, which one must be aware of in considering bringing an action for the wrongful loss of a beloved parent, child, or spouse. Those who may recover for a wrongful death claim in Florida include: (1) a living spouse (2) a blood relative wholly or partly dependent upon the deceased (3) living children of the deceased, (if for a medical malpractice claim, the child need be under the age twenty-five or financially dependent upon the Decedent); and (4) the deceased’s Estate. The Schulman Law Group takes great professional pride in representing families and loved ones in seeking justice for the loss of family members; whether it arose from a vehicular accident, a product failure, medical malpractice, building collapse, or from nursing home neglect – to list just a few.
The Schulman Law Group has obtained remarkable results on behalf of wrongful death victims for over thirty three years. Our skilled and compassionate trial law firm provides relentlessly aggressive representation on behalf of our clients who have survived the victim of a wrongful death.
For further information and to obtain a free consultation regarding your consideration for choosing the right law firm to represent your interest in a wrongful death action, please feel free to contact the Schulman Law Group email@example.com or by calling 1-877-529-0444.
Operating a motorcycle is one of the most exhilarating means of transportation and fun. Motorcycles are used throughout Fort Lauderdale, Weston, and all other locations in South Florida. The warm climate makes for ideal motorcycling conditions on South Florida’s highways and roads. Unfortunately, without the benefit of being surrounded by steel, sheet metal, seat belts, and airbags, a motorcyclist is almost completely vulnerable to a careless driver, or to dangerous defects in the motorcycle itself (such as a defectively designed brakes, transmissions, or even a kickstand which can cause a person to be pinned under a heavy motorcycle).
Additionally, victims of motorcycle accidents are often wrongly accused of being at fault – while at the same time they suffer some of the most severe injuries!
Although motorcycles account for less than 3 percent of all registered vehicles, motorcyclists accounted for over 13 percent of the total traffic fatalities in 2009 according to a report by the National Safety Council. Fatalities amongst motorcyclist and their passengers increased 80 percent from 1999 to 2009, surmounting to 4,462 deaths in the latter year. In the same time period, the number of nonfatal motorcycle injuries increased from 50,000 to 90,000 per year. As one would assume, this increase in injuries is directly correlated to the increase in registered motorcycles over the same period of time. In 1999, there were approximately 4.1 million registered motorcycles in the United States, while as of 2009 there were 7.8 million. With this increase in motorcycle usage comes the need to use due care while traveling on South Florida’s roadways.
Motorcycle injuries can come from a variety of negligent acts. In 2008, speeding was the cause of 35 percent of the fatal injuries that resulted from motorcycle collisions. Furthermore, 29 percent of fatal injuries were caused by alcohol or drug impairment. The National Safety Council also found a strong correlation between the type of motorcycle and number of injuries. The death rate for super-sport motorcycles was four times as high as the death rate for more conventional, cruiser motorcycles. All of these statistics show the importance of obtaining quality representation in pursuing a claim arising out of a motorcycle collision.
The ability to determine and obtain full compensation against negligent motorists requires a particularly committed, skilled, and experienced motorcycle accident law firm. At the Schulman Law Group we have the commitment, skills, financial resources, and most importantly the experience to obtain just compensation for motorcycle accident victims. We have the ability to access those experts who can determine all the various factors that may have contributed to the other driver’s neglect. The at-fault motorists will be provided legal counsel by their insurance company, but you can do much better! You can be selective and interview experienced, caring and successful lawyers. The insurance companies look to avoid compensating you, and delay your compensation, and therefore you need to be represented by the right motorcycle accident lawyers who are tenacious, and don’t give in until justice is served and the most compensation is obtained The Schulman Law Group.
The Schulman Law Group has a long history of truly championing the rights of motorcycle accident victims. Please contact us to learn how our tenacity, experience, knowledge, and resources can be used to obtain proper compensation for motorcycle accident victims and their families.
Being a health care provider is surely one of the most deservingly respected professional pursuits. It requires a tremendous commitment to help others, coupled with many years of education and training. Even with all that – even with the best physicians, and with the best of intentions – bad outcomes can occur. Unfortunately, just when you are already so vulnerable from the fear of the medical procedures you’re undergoing, or otherwise already sick, it can be absolutely devastating to be seriously injured at the hands of your own trusted doctor or hospital. When it does occur, medical negligence can result in the most devastating injuries and losses a person or family can experience.
And it can be very delicate to bring and complicated to sort it all out. According to Florida law, in order to prevail in a medical malpractice case the alleged victim bears the burden of establishing, by the greater weight of the evidence that the actions and/or inactions of the accused health care professional presented a breach of the prevailing standard of care, which is otherwise recognized as acceptable and appropriate by reasonably prudent, similar health care professionals.
And not every bad outcome or occurrence is actionable. The fact that an injury did occur does not raise a presumption of negligence. It is up to the victim through her or his skilled medical malpractice lawyers and their experts to establish that the accused health care professional, breach of the prevailing standard of care. Interestingly, the law does allow a presumption that if a foreign object is discovered inside the victim after a surgery or diagnostic procedure, or examination, that finding shall be considered prima facia (a fact presumed to be true unless it is disproved) evidence of negligence.
In Florida, in order to establish that a health care professional is guilty of medical/malpractice negligence, testimony must be offered by an expert from the same specialty and that the expert has been active in the same area of practice for the proceeding 3 years before giving his or her opinion; or is affiliated with an accredited university; or is involved in a clinical research program in the same or similar specialty.
If the accused health care provider was a general practitioner the standards vary and the expert must have devoted the proceeding 5 years to the active practice, teaching or a clinical research program.
Florida law requires that prior to filing a lawsuit for medical negligence the victim must not only complete a pre-suit investigation, but must provide pre-suit notice within 2 years after the alleged occurrence. Once notice is provided, a lawsuit cannot be filed for an additional 90 days, during which time an insurer for the prospective defendant can conduct its investigation as to those allegations. Thereafter, the prospective defendant (typically through her or his insurer), has the options of either refusing the claim, making an offer to settle, or making an offer to arbitrate on damages only, while admitting liability.
During the pre-suit investigative period informal discovery can take place, in which documents can be requested from either party, unsworn statements can be taken from either party (which cannot be used at trial), and physical and mental examinations can be required.
Obviously, there is a significant body of law that governs malpractice case and one cannot arbitrarily begin to undertake cases of such magnitude and responsibility without significant wherewithal, knowledge and expertise. We at the Schulman Law Group have the ability to evaluate any allegations of significant wrongdoing; as well possess the resources to bring matters of this magnitude to a just and appropriate compensation.
Cases of this nature are extremely difficult and expensive to prosecute and quite frankly, will only be undertaken if we have a very reasonable degree of confidence that it is in the prospective client’s best interests to do so.
Therefore, if you are serious about having a matter appropriately considered to determine what is in your own or your loved one’s best interest, feel free to contact us at any time for an evaluation of your circumstances.
Also feel free to contact us to learn about some of our remarkable prior results.
“Painful as it may be, a significant emotional event can be the catalyst for choosing a direction that serves us–and those around us — more effectively. Look for the learning.”
– Eric Allenbaugh
When catastrophic injuries occur, it is nearly impossible to face them alone, without the caring assistance of others; such as family, friends, clergy, and the right (legal) professionals. If you or someone you truly care for has fallen victim to another’s negligence and has suffered catastrophic injuries, the Schulman Law Group will apply all of our skillful caring knowledge and experience to support you and help you reach the next successful era of your lives. The Schulman Law Group will oversee and care for your medical expenses and future care, your loss wages and income, as well as fight for you to recover rightful compensation for your pain and suffering. The Schulman Law Group will retain all the appropriate investigators, accident related experts, health care experts, life-care planning consultants, vocational rehabilitation experts, economists, financial experts, and structured settlement consultants, as may be required. The Schulman Law Group has the tenacity and financial wherewithal to see the most serious cases to their successful outcome.
Products liability concerns the area of law that arises when a defective product may result in harm to an innocent victim. Products liability cases provide recovery for injured victims against manufacturers, wholesalers, retailers, and distributors who make products available to the public. Due to the ever-growing products injuries in the Weston and Fort Lauderdale areas, as well as throughout the rest of the United States, there has been an increase in injured victims from defective products.
Within the law of products liability there exists three separate types of claims that may be brought by an injured party. A negligence claim under products liability will hold a manufacturer liable for its failure to use due care towards any person who sustained an injury that was proximately caused by their neglect in (1) designing the product (2) selecting the materials used to manufacture the product (3) using the appropriate production process (4) assembling and testing the product and (5) placing adequate warnings on the product.
A strict products liability claim will hold a manufacturer, retailer, or distributor liable to an injured victim regardless of their intent or exercise of due care for any injury their product causes. Essentially, there are six elements that must be proven to recover a claim under strict products liability including: (1) the product was defective when the defendant placed it into the stream of commerce (2) the defendant is normally engaged in the selling or distributing of this particular product (3) the product is unreasonably dangerous (4) the victim suffers physical harm to themself or their property (5) the defect in the product is the proximate cause of the injury (6) the product had not been substantially changed from the time it was sold and the time the injury occurred. All of these elements of strict product liability cases may be confusing and difficult to establish which proves the importance of obtaining competent legal representation such as that of the Schulman Law Group’s litigation attorneys.
An injured victim or their family members may also be able to recover under a theory of products liability if the product is defective. There are three different types of defects that a product may contain. A manufacturers defect is one when the product deviates from its intended design even though due care was used in manufacturing the product. An example of this is a chair with an unstable leg. A design defect arises when a victim’s injury could have been avoided by an alternative design that was feasible to the manufacturer. The final type of defect, a warning defect, arises when the omission of a warning on a particular product renders the product “not reasonably safe.” In order for a warning to be proper it must inform the consumer of the potential risk associated with using the product and the proper measures to take if injured.
The Schulman Law Group has represented clients for many products failures, including but not limited to cases related to: prostheses, crutches, birth control devices, defective cars, defective boating equipment, defective airplanes and helicopters, pharmaceutical errors defective building designs and construction; to name just a few.
Please contact us to learn how we use our experience, knowledge, tenacity and resources to obtain proper compensation for victims who have been injured by defective products.
If you have a reasonable belief that your loved one or someone you are concerned for may have been a victim of abuse while she or he was under the care of a nursing home or assisted living facility you owe it to them to have us investigate it. We will bring a claim, if it’s in your loved one’s best interests.
Nursing home or assisted living facility abuse can occur from a variety of circumstances. The innocent victims who suffer as a result are entitled to the best legal representation available in pursuing their claims.
Physical abuse, mental abuse, and possible sexual abuse, can occur at nursing homes, and assisted living facilities, putting the elderly at extreme risk of harm. For those of us who are caring for a parent, grandparent, aunt, or uncle in one of these types of facilities, we owe it to them to make things right.
These patients may at first present with initially unexplainable injuries (which maybe ultimately explained as a result of abuse) but they could fear coming forward against those who provide them assistance on a daily basis. Furthermore, because of their advanced age or other mental infirmities, the patient may not be aware of the abuse they are suffering at the hands of their providers. Many may feel a sense of shame or helplessness; and as a result, the abuse they are forced to suffer can go overlooked.
If you have a close friend or family member living in a nursing home, or assisted living facility, some signs of abuse to look for are dehydration, wandering, unexplained injuries, and bed sores. It is important to look for these injuries while visiting loved ones in order to curtail the abuse that goes on at these nursing homes.
The Schulman Law Group will be able to evaluate the facts and determine if it’s appropriate to pursue a claim against the nursing home or assisted living facility.
The Schulman Law Group is committed to providing skillful counseling to individuals who believe they haveuncovered fraudulent practices and those who are committed to stopping it. A whistleblower is an employee who believes their employer is engaging in some sort of illegal activity and wants to come forward and report the wrongdoing. There are a number of incentives for individuals to come forward and act as “whistleblowers”particularly when the government is allegedly being defrauded, or if various SEC Rules may have been violated. Coming forward as a“whistleblower” requires careful consideration, counseling and forethought. It is also imperative that the appropriate steps are followed to ensure that the incentives and protections provided by the False Claims Act (31 USC S 3729 for Federal claims and Florida Statutes S 68.082 for Florida claims) are preserved. Florida Law has protections in place for whistleblowers to encourage those who suspect wrongdoing to come forward and report what they have observed.
The Schulman Law Group is committed to providing sound counsel, guidance, and representation to “whistleblowers”, throughout the process skillfully ensuring that their interests are well protected.
These matters may be brought forth by nurses, receptionists, accountants, attorneys, physicians or other health care professionals, who have reliable information involving alleged fraudulent conduct.
The alleged fraudulent activity may have been perpetrated against Medicare or Medicaid. SECclaims may consist of known violations of the SEC regulations and those seeking SEC whistleblower rewards; and IRS whistleblower claims may pertain to individuals who have knowledge of unpaid taxes to be reported as violations under the Tax Relief and Healthcare Act or similar laws.
Whistleblower claims may be brought against the state or federal government and can include a variety of actions including tax fraud, Medicare fraud, social security fraud, securities fraud, or any other fraud related claim.
Under Florida Law, recovery for a whistleblower can be very similar to that of other discriminatory practices. A court may require an employer reinstate the employee into the same position they were in prior to bringing the claim. Furthermore, the court may order an injunction, effectively preventing the employer from engaging in the wrongful conduct at any time in the future. Finally, the employee who brought the claim may be eligible to receive lost wages and benefits for the time lost while the action was pending.
Why choose the Schulman Law Group for whistle blower claims? The Schulman Law Group has been practicing law for 33 years and consists of an assembly of Florida and nationally recognized attorneys, skilled in representing consumers, investors, employees and small businesses in cases involving whistleblower actions as well as personal injury, products liability, consumer protection, and insurance law.
Marvin S. Schulman, Esq. has earned the AV-Preeminent rating from Martindale Hubble, recognizing him in the highest category of attorneys for professional ethics and legal skills. If you have any questions about our “whistleblower” practice, or would like a free consultation with one of our “whistleblower” attorneys please contact us immediately by calling 1-877-529-0444, 954-349-3300 or by email to firstname.lastname@example.org.