Category: Wrongful Death

By Admin | November 8, 2017

Taking legal action following a death can be one of the more difficult tasks of the mourning process. If you consider the death of a friend or loved one as the fault of another party, we strongly suggest you hire a professional to guide you through the process.

After 24-year-old Colin Simonelli died last year from drowning in a community pool in Princeton, New Jersey, his family moved forward with filing a lawsuit against the city. The suit argued that the lifeguards were not positioned correctly in the pool area.

Neil Weiner, the family’s attorney, suggested Colin suffered consciousness pain and suffering. During his visit to the pool, Colin suffered an acute cardiac arrest episode and was underwater for around six minutes before being pulled out by other swimmers. The suit also suggested Colin’s father suffered emotional distress while witnessing the incident.

Lifeguard Safety Procedures

The family argues that the lifeguards weren’t in their correct positions and failed to notice or react when Colin sank in the water. Lifeguards are taught to follow numerous rules to prevent harm to swimmers in open water or pools. Some common procedures include:

The 10:20 rule – The lifeguard scans the pool from one side to the other in ten seconds while the lifeguard is no more than 20 seconds away from a swimmer (in their designated area)

Environment and object awareness – The lifeguards understand which natural and man-made objects (such as logs, branches, animal, floats, rafts, diving boards, etc.) can cause harm and what type of harm they can cause.

Crossing lines of sight – The lines of sight of two lifeguards (placed on opposite sides of a pool) cross each other

This last procedure was specifically mentioned in the lawsuit. The suit claimed the two lifeguards on duty in the area were positioned on the same side of the pool when they should have been positioned on opposite sides. The lifeguards did, however, attempt CPR on Colin until paramedics arrived.

How to Proceed with a Wrongful Death Lawsuit

Any loss of life is going to be difficult to handle. Should legal action be necessary, you should seek help from a professional who can help you through the entire process with guidance and support.

While we can’t reverse a tragic loss of someone you care about, our personal injury attorneys can help take a heavy task off of your hands. Contact us online or at 856-963-5000 for more information or to discuss your situation.

By Admin | August 22, 2017

A former police officer is currently serving time for the murder of his ex-wife, and his children have come forward with a lawsuit against two cities, including his former employer, as it’s believed through their negligence in handling the case that their mother perished. They are seeking both compensatory and punitive damages in the suit.

The suit alleges that law enforcement failed to take the domestic violence situation seriously regarding one of their own, and that the incident was not properly reported or investigated. It’s believed that this knowledge of the violence committed against the deceased contributed to her death, as he used his service weapon in the deadly shooting.

The shooting came just a few weeks after their divorce had been finalized. It ended their 23-year marriage. The former officer had chased his ex-wife in her car before ramming it with his own. Their youngest daughter was in the car with him at the time. He got out of the car and shot eight rounds into the side window, and in the presence of responding officers, shot at her four more times through the windshield. A standoff then occurred where he held his gun to his head, but officers were able to talk him down by showing him a picture of his children after 45 minutes.

The suit alleges that there were several times where they could have either taken him down as he did not have his finger on the trigger or that they could have reached the victim to try to render aid.

A wrongful death is a very sad incident because it means that a person lost their life over someone’s negligence. It didn’t have to happen, and the survivors are left picking up the pieces of their lives. A wrongful death suit can help those involved get justice. Contact the law office of Brenner, Brenner & Spiller to discuss the details of your case.

By Admin | September 14, 2016

A single-vehicle accident on a highway in Millstone Township NJ resulted in one fatality.

The fatal auto accident occurred around 2:20 p.m. near milepost 16.2 on Interstate-195 in Millstone Township, New Jersey. According to other motorists who witnessed the car crash, the driver was operating a 2005 silver Toyota RAV4 and traveling east on I-195 and approaching Exit 16 when he suddenly lost control of his vehicle, swerved into a far-right lane that was closed, and left the roadway.

The car ended up crashing into a number of trees located just off the roadway, flipped over, and eventually came to a stop. The force of the impact with the trees and the ground caused significant damage to the vehicle and resulted in catastrophic injuries to the driver.

Witnesses dialed 911 and notified local law enforcement, which immediately sent police officers and emergency medical responders to the scene of the accident. Tragically, emergency medical crews were unable to do anything to save the victim; he was pronounced dead at the scene.

The victim in the motor vehicle accident was Robert Augustine, a 66-year-old man who lived in Stafford Township, NJ.

New Jersey State Police are investigating the single-car accident and attempting to determine exactly what might have caused the driver to lose control of his car and crash. At this time, it is unclear if the driver may have swerved in order to avoid another car on the roadway or if the accident might have been caused by a defective auto part. Depending on the precise circumstances leading up to the fatal car crash, it is possible that the victim’s family members will be able to file a wrongful death claim in order to secure compensation for the tragic loss of life.

For more information about this auto accident, read the Middletown Patch article, “Details Revealed in Fatal Car Crash on N.J. Highway: Cops.”

If you or a loved one has been injured due to another person’s negligence, you need to speak with a qualified personal injury attorney immediately. The experienced personal injury lawyers at Brenner Spiller & Archer can help you get the financial compensation you deserve. Contact us today to schedule a free consultation about your case.