» Perlmutter & Schuelke State Wrongful Death Lawsuits Are Often About Getting Answers, Not Money

Perlmutter & Schuelke State Wrongful Death Lawsuits Are Often About Getting Answers, Not Money

Austin, TX (Law Firm Newswire) September 11, 2013 – Wrongful death lawsuits are not exclusively about getting compensation. They are often used to deliver a message.

Austin Personal Injury Lawyers

Austin Personal Injury Lawyers - Perlmutter & Schuelke, LLP

“Many families that face the loss of a loved one due to a negligent action on the part of another, want to make sure someone else does not experience what they went through. In filing a wrongful death lawsuit, they have a chance to send a message to not only the wrongdoer, but to society in general, about the circumstances of their loss and their wish to save someone the grief they face,” remarked Brooks Schuelke, an Austin wrongful death lawyer with Perlmutter & Schuelke.

Some wrongful death cases do not make it into the courtroom, and are settled after a round of negotiations. Consider the case of a 20-year-old University of Mississippi junior footballer, Bennie Abram III, who died during a football practice in 2010.

The lawsuit alleged that the university did not have proper protocol in place and did not adhere to workout guidelines for students with sickle-cell trait --- a disease known to deform red blood cells after arduous exercise. It also suggested that athletic department staff were reckless and careless in pushing the man to continue his workout despite evidence he was physically struggling.

“In this reported case, the young man collapsed during the first practice of the year. He died later in a nearby hospital. The autopsy report indicated he had died due to complications relating to sickle cell trait. The evidence presented indicated the university was aware the man had sickle cell trait, but asserted their staff acted in a proper manner,” explained Schuelke. Having sickle cell trait, present in roughly 8 percent of African-Americans, does not ban an athlete from playing sports, since the condition is manageable with a certain amount of care.

The named defendants in the case were the staff of the athletic department, the university and the National Collegiate Athletic Association (NCAA), among others. In the final analysis, the family did receive a sum of money from the university and a payment from an NCAA insurance policy.

“However, the point of the lawsuit was not the money. It was about sending a clear message that the university and the NCAA needed to make changes to policies relating to players with sickle cell trait. Currently, the only guideline in place is set out by the NCAA, which states compromised athletes should adhere to a toned down conditioning program and on the first signs of physical difficulties, they are to halt their activities,” Schuelke outlined.

For those who have lost a loved one due to the negligence, carelessness or recklessness of another, it is best to seek the skilled representation of an Austin wrongful death lawyer to pursue the matter in the courts.

Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944


View Larger Map

  • Three Things That Are Going To Annoy You About Your Personal Injury Case
    I wish I could tell you that your personal injury case will go exactly how you like it and as smooth as you like it.  But form doing this for over twenty years, I know there are at least three things that you’re going to frustrated about at some point. 1. THE TIME IT TAKES [...]
  • Texas’s Texting While Driving Ban Goes Into Affect Today. Will It Make You Less Safe?
    Today, Texas’s new texting while driving ban goes into affect.  For the first time, Texas will have a state-wide ban.  A violation of the ban is a misdemeanor, with fines between $25 and $99 for first time offenders and $100 to $200 for repeat offenders. For years, I’ve been critical of Texas officials for their [...]
  • Will Victims Of Hurricane Harvey Be Victimized Twice?
    Our thoughts and prayers are with all of those in the path of Hurricane Harvey.   The potential damage  is simply heartbreaking. Unfortunately, due to the timing of the storm, it also makes it likely that many of you who suffer property damage will be victimized twice. Why do I say that? Last legislative session, the [...]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required