Civil Case Arising out of Sandy Hook Elementary School Shooting May Be Coming to Settlement

It’s been roughly two years since the terrible massacre and shooting of numerous children who were students attending Sandy Hook Elementary in Newton, CT.  Two families of first-graders killed in the attack brought wrongful-death claims against the town and the school district arguing that security measures were not adequate at Sandy Hook Elementary School, allowing Adam Lanza to enter the school and carry out the attack.

The two families have now offered to settle the case for $5.5 million each.

The offer, filed Monday, gives the town and the school district 30 days to accept or reject the settlement. Lawyers on both sides of the case refused to speak about the offer on Tuesday. The two sides are scheduled to be in court for a pretrial conference on June 28.

The parents of slain first-graders Jessie Lewis and Noah Pozner filed their wrongful-death suit against the town and school district following the slayings of 26 first-graders and educators in 2012.

Among the allegations in the lawsuit:

That 20-year-old gunman Adam Lanza was able to get past the locked front doors by shooting his way through a large plate-glass window.

That the school had practiced a lockdown and evacuation plan, but did not implement it during the shooting

That the school failed to train a substitute teacher about the lockdown procedure and did not give her a key to lock her room once she heard shots being fired. That teacher and all but one of her students were killed.

The parents of the slain students — Leonard Pozner and Scarlett Lewis — are involved in the higher-profile lawsuit against Remington, the maker of the AR-15-type rifle used by Lanza. That lawsuit has drawn national attention because it became a debate point in the Democratic presidential primary and because of its potential as a precedent-setting case.

A third lawsuit brought by 16 victims of the 2012 Sandy Hook shooting against the estate of Lanza’s mother was settled in August. Those families received about $94,000 each.

Lanza shot his mother to death before driving to the Sandy Hook school, killing 20 students and six educators, and turning a handgun on himself.

The Lanza home was turned over to the town, which later had it demolished.

New “Smart Helmets” Help Keep Motorcyclists Safer

smart helmetCurrently, 19 states (including Virginia and Maryland) and the District of Columbia have laws requiring all motorcyclists to wear a helmet, known as universal helmet laws. Laws requiring only some motorcyclists to wear a helmet are in place in 28 states (for instance for those riders 17 or 18 years of age and younger). There is no motorcycle helmet use law in three states (Illinois, Iowa and New Hampshire).  The requirement that riders were a helmet is an attempt to prevent catastrophic head injuries to motorcyclists involved in accidents.

It would seem that any helmet is better than no helmet, researchers have developed a so-called “Smart Helmet,” to better protect motorcyclists.  Reuters reported that a new option in safety gear is available for purchase.  At around $600 consumers can buy “reality helmets” that offer built in 180⁰ “blind spot” camera and “Heads-up” display for “unparalleled situation awareness and safety.” Some helmets will even come with collision warning systems.

The “smart helmet” was designed by a man who survived a motorcycle accident himself.  Marcus Weller, worked toward realizing his dream of developing a safer, smarter helmet to help protect those on motorcycles.  In sum, the blind spot camera removes blind spots, and gives riders a better chance of avoiding unseen conditions that might cause accidents.  While this is a fantastic step in the right direction, even the smartest helmet on the market won’t help the motorcyclist who wasn’t seen by another driver, or didn’t realize the motorcyclists had the right of way.

Recently, in 2013 motorcycle fatalities fell 6.4 percent to 4,668 from 4,986 in 2012. In 2013, 56 out of every 100,000 registered motorcycles was involved in a fatal crash, compared with only 9 out of every 100,000 passenger cars, according to the National Highway Traffic Safety Administration (NHTSA).  Motorcyclists should always wear the gear that makes they feel the safest.  At the same time, they always need to be aware that there are d angers on the road that cannot be prevented, to which they can fall victim.  When a motorcyclists has been injured in a collision with another motor vehicle, they have every right to obtain the compensation they need to make themselves whole again after the accident.  If you or a loved one has been injured in a motorcycle accident, call the Law Offices of Stuart L. Plotnick today for a free consultation.

Sources: http://www.motorcycleaccidentlosangelesattorney.com/blog/2015/11/new-smart-helmet-available-in-time-for-holidays.shtml

http://www.skully.com/

Reuters, “Smart helmet gives you eyes on the back of your head,” Ben Gruber, Nov. 12, 2015

 

 

An Explanation of the Personal Injury Case Process

Most of us will go through life never having to hire an attorney for anything more than the drafting of their will.  The thought of having to hire an attorney and file a lawsuit after suffering a personal injury can be daunting and fraught with stress.  The thought of fighting in court to be made whole after an accident might be enough to stop a few of us from ever reaching out for help in the first place – but it shouldn’t.  A brief explanation of the lawsuit process can help ease misconceptions and fears, and is less stressful than many believe.

The Reason Behind the Lawsuit

Usually, a personal injury lawsuit will commence soon after someone suffers an injury, or learn that’s that they have been injured.  An important factor in filing a personal injury lawsuit is when the injured party discovered they have been harmed; in certain cases, this might be years after the harm was initially suffered (for example, in the case of some prescription drugs).

Following an accident or being injured, parties will often have medical and other expenses to pay for.  Depending on the injury and harm done, an injured party might find that they can no longer work, and will have to face lost wages.  Additionally, an injured party can face other monetary losses, and a diminution in their enjoyment of life.  Recovery of these costs is the point of a lawsuit, are termed “damages.”

Hiring an Attorney

Once a party determines they have been injured, and that there are damages for which they should be compensated, the next step is to talk to, and possibly hire, a personal injury attorney.  The lawyer will a range of questions about the case, including the circumstances giving rise to the injury, the extent of the injuries, and any evidence in support of the injured party’s claims.  At that point, the attorney can determine the best course of action for each unique case.

 The Discovery Process and the Lawsuit

In the vast majority of cases, an attorney will not file a lawsuit right away.  Rather, the attorney will send something called a demand letter to the injuring party. The demand letter states what the injured party wants in compensation for their losses; as well as the reason that the other party should pay.  The demand letter will also set forth the legal basis for the case.

If there is not an agreement or resolution after the other party receives the demand letter, then the lawsuit process might begin. The injured party’s attorney will go to the local court and file a complaint.  From there, a series of steps will occur, including gathering information, and negotiating with the other side to see if a settlement can be reached.  A lawsuit will go to trial only if both sides cannot come to an agreement regarding the outcome of the case.

If you or a loved one have been injured, please contact the Law Offices of Stuart L. Plotnick at 301.251.1286, for a free consultation today.

 

 

The Dangers of Automobile Defects

When you purchase a new car in Maryland, you should be able to rest assured that the vehicle you are buying meets federally regulated safety standards. While often times this is the case, sometimes manufacturers fail to meet safety requirements due to negligent or insufficient quality control. In many cases, investigations have also discovered that auto manufacturers often know about the defects but keep it quiet.

When mistakes are made or manufactures are deceptive, the resulting vehicle defects can result in serious passenger injury or even deadly car accidents.

Our Rockville car accident attorneys have handled a wide range of Maryland and Virginia car accident claims for defective vehicles and subsequent wrongful deaths that could have been prevented, and Mr. Plotnick has the experience and knowledge to help you file your claim to get you or your loved one the reparation you may deserve in the event of one of these mishaps.

No matter what make or model vehicle you drive, you should always be mindful of possible defects, because if you are involved in an auto accident as a result of a vehicular malfunction, you may be entitled to compensation. For Rockville and Bethesda, Maryland residents, our car accident attorney can help.

Common automobile defects that may entitle you to personal injury compensation in the event of a car accident include:

  • Faulty airbag systems that improperly deploy during an accident or unexpectedly
  • Defective brakes, tires or fuel systems
  • Seatbelts that do not perform correctly
  • Doors or hatchbacks that open on impact and cause passengers to be ejected from the vehicle into traffic
  • Faulty ignition or electrical systems that may overheat and lead to fire or shutdown

If you have suffered a personal injury related to a defective vehicle in the Rockville, Bethesda or greater area of Maryland, contact the Law Offices of Stuart L. Plotnick at (301) 251-1286 to schedule a consultation with our experienced car accident attorney.

Common Excuses Insurance Companies Use to Deny Your Claim

Maryland car accident attorney can help you recover the compensation you deserve from the insurance company.Insurance companies are in the business of making a profit, and that means they are more concerned with their bottom line than getting you the compensation you deserve for your injuries after an auto accident. They are notorious for limiting or denying valid claims, and these are the most common excuses you may hear:

  • The accident was your fault.
  • Someone else is to blame, usually a third party.
  • Your injuries are not as severe as you say they are.
  • You have a pre-existing condition so the accident did not cause your injury.

Stuart Plotnick litigated cases for insurance companies for many years. He knows how the “other side” operates and how they will try to get you to settle for less than your case is worth. Trust your personal injury case to an experienced attorney.

If you or someone you love has been injured in an auto accident, please call 301-251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland accident lawyer.

Lawsuits for Medical Malpractice Promote Patient Safety

When a patient is treated by a doctor or in a hospital, they’re hoping they’ll leave in better condition than when they arrived. Unfortunately, up to 98,000 people die and at least 300,000 are injured from medical malpractice each year. It’s alarming how many people are severely injured or die due to medical malpractice.

UCLA law professor Joanna Schwartz surveyed hospital risk managers and found that 73% of surveyed respondents reported that medical malpractice lawsuits or claims were useful in identifying and then addressing safety issues in healthcare facilities. Scharwtz’s study found that the threat of financial loss due to these lawsuits, has sparked a stronger interest in creating an environment that’s constantly improving patient safety. It was also found that sometimes facilities get comfortable in accepting a certain level of mistakes and fortunately, medical malpractice lawsuits keep them aware that negligence is never acceptable.

Medical malpractice lawsuits force the wrongdoers to take responsibility for their negligent actions and allows the injured to hold them accountable. These important lawsuits not only help the victims, they help prevent future victims. It reminds healthcare providers and the facilities that patient safety should be number one.

If you or someone you know is a victim of medical please call 301-251-1286 or contact experienced medical malpractice attorney Stuart Plotnick. We represent clients in Rockville, Bethesda and throughout the state of Maryland.

Are Unfavorable Results a Form of Medical Malpractice?

Unfavorable results are possible with any medical procedure. In some instances, these results are beyond the control of medical professionals. In others, they are a result of some form of medical negligence. The only way to determine what has caused your injury is with the help of an experienced Maryland medical malpractice attorney from The Law Offices of Stuart L Plotnick.

Our medical malpractice attorneys thoroughly investigate medical injuries to establish their true cause. If negligence is discovered, we are prepared to take your case as far as necessary to help you get the full compensation you deserve.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to uphold established standards of care and a patient is injured as a result. This can include:

  • delayed diagnosis,
  • surgical errors,
  • emergency room negligence,
  • well as medication mistakes,
  • birth injury,
  • improper monitoring.

Sadly, these forms of negligence are often expertly covered up by others in the healthcare industry. When you suspect an injury resulted from negligence, you need an attorney on your side.

If you’ve suffered an injury as a result of medical negligence in Maryland, you should speak with our medical malpractice attorneys. Please contact The Law Offices of Stuart L. Plotnick today for a free consultation.

May is Motorcycle Awareness Month

As the weather warms and turns from spring into the beautiful days of summer, more motorcyclists take to the roadways. By sponsoring Motorcycle Awareness Month, the National Highway Traffic Safety Administration (NHTSA) wants to remind us all to share the roads and help prevent motorcycle accidents.

With more motorcycles on the roads, remember to take these precautions when you are driving:

  • Double check your mirrors and blind spots before changing lanes. Sometimes motorcycles are hard to spot with a quick glance.
  • Give motorcyclists plenty of room. They may need to maneuver around road hazards that don’t affect your larger vehicle.
  • Always treat motorcyclists with the same respect you would any other vehicle.

By keeping an eye out and sharing the road, we can all help to avoid the serious injuries that accompany motorcycle crashes.

If you or a loved one has been injured in a motorcycle accident, please call 301-251-1286 or contact The Law Offices of Stuart L. Plotnick for your free case evaluation. We represent clients throughout Rockville and Bethesda Maryland and Virginia and Washington DC.

Distracted Pedestrians Are Walking the Path to Injury

With devices and phones becoming more mobile and entertaining, it’s a common sight to see one walking with their eyes glued to their cellphone, or their ear buds tucked into their ears  humming along to their favorite tune,  instead of paying attention to what they are doing and where they are headed.  Whether it be crossing the street into traffic on a red light, heading towards that crack in the sidewalk, or obliviously strolling behind that car getting ready to back out from the parking space at the mall, the path of the PDA is leading to more and more to the path of personal injury for distracted pedestrians. Just like it isn’t a good idea to drive with your eyes on your cell, the same goes for the pedestrian, who is more vulnerable if hit by a moving vehicle. We all have a duty to protect ourselves from peril.

Typing that text message or fiddling with your settings on your iPod, it is now habit for many, and as a result, more people have landed themselves in the hospital caused by their wandering eyes and ears. In 2010,  the Center for Disease Control noted that over 2,500 pedestrians were taken to emergency rooms in the United States from injuries related to cellphone usage while they were walking. According to a study published in the Accident Analysis and Prevention Journal that number is likely closer to 1 in 2500. The amount in 2012, nearly doubled since the original survey was conducted, and this number is likely higher since not all the incidents are reported. This is more likely to happen to people between the ages of 16 to 25 , who now wear these device just like they wear clothes .

A recent Australian study shows that people walking with cellphones aren’t able to walk in a straight line while reading or texting. This distraction also caused test subjects to walk slower, unevenly with rigid posture and poor balance.  Then there was the story of a woman who fell into a bay because she was checking Facebook, which went viral . Yup, she walked right off a pier in Melbourne,  and unfortunately she didn’t know how to swim. She called for help and nearby police saved her. She was taken to a hospital for treatment and was lucky to come away with no permanent injury.

Another man was so busy chatting on his cellphone that he didn’t realize that he was walking onto the train tracks in Philadelphia. He was lucky there were no trains approaching, but it took him a while to recover from the fall off the platform on to the tracks.

Unfortunately, a New York City woman died after she fell in a gap between two subway cars. She was crushed by the train’s wheels and was dragged for two stops. Video footage shows the woman’s head was down and authorities believe she was distracted by her cellphone and texting or reading email. A Seattle woman was killed after being hit by a truck while she was chatting on the phone with a friend. She was on the way home after dinner and she had ignored honking in the background as she walked on the road and was engaged her conversation as the truck came from behind.

In a review of pedestrian fatalities in 2010, the Office of the Police Chief for Orlando, Florida found that almost twenty (20%) per cent of the pedestrians involved in accidents were distracted by means such as using a cell phone; MP3 player; a mobile device; pushing a shopping cart; walking a dog; or riding a skateboard. While it’s not illegal to cross the street distracted, many police agencies have launched awareness programs, including radio and TV campaigns to get the word out and  ensure that pedestrians pay attention when they’re crossing intersections.

If there’s a green light that gives vehicles the right of way, it’s still important that drivers continue to watch out and yield for pedestrians who might not be paying attention. Vehicle drivers should check that pedestrians make eye contact with the driver before walking, or honk to get their attention.

Pedestrians should stay alert and keep their head up, especially when crossing the roads. If they are listening to music, it’s important that it’s not turned on too loud that they can’t hear anything. Also, they should look both ways before crossing and not play with electronics while crossing.

Wrongful death lawsuit against Maryland

A twenty-six-year-old man with Down syndrome died while in the custody of Frederick County sheriff’s deputies. Because those deputies are employed by the state, the family bringing the wrongful death action has added Maryland as a defendant in the action.

The man died of asphyxia in January when three deputies, who were moonlighting as mall security officers, tried to remove him from a movie theater. The victim’s family alleges that due to his mental disability he could not appreciate what was going on and the officers should have recognized this and treated the situation with more careful approach.  They mistook his fear and his behavior for resistance. It had been reported that the man was in the Frederick theater without having purchased a ticket for the movie.

The bereaved family has also named Regal Cinemas Inc. and Hill Management Services Inc. along with the three deputies as defendants in the complaint.

This kind of senseless death saddens us all. Stuart Plotnick helps families like this recover the compensation they need. If your loved one was taken too soon because of the negligent acts of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda wrongful death lawyer.

Why teens texting and driving is so dangerous

 

We have all heard or seen the commercials that warn against texting and driving, but how many of us really pay attention to the warnings. Have you ever reached for the phone to read that text that comes in while you are at the wheel? As dangerous as it is for adults to distract themselves for a split second, the statistics show that it’s even more hazardous when teens do it.

  • Teens are responsible for 10 percent of crash fatalities
  • Over half of teens admit to texting and driving
  • Forty one (41%)  percent of teens admit to emailing while driving
  • Twenty Four (24%) percent of teens admit to  surfing the net while driving

Studies suggest that texting, emailing or web-surfing take your eyes off the road for about 4.6 seconds, long enough to drive the length of a football field. Teens lack the experience on the road to handle distractions and emergencies. Although no one should text and drive, the habit has deadly repercussions when teens practice it. So put your cellphone in park when you drive.

If you’ve been injured in an accident with a teen driver who was texting, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda car accident attorney.