In a story that captivated the country, five men went missing after their touring submersible sank into the ocean on its way to view the wreckage of the Titanic. After a massive search, rescuers confirmed that the vessel had imploded and killed all of the men on board.

Now, allegations that the submersible wasn’t safe are surfacing. Do these allegations mean lawsuits could be coming? Who could be charged?

What Happened To the Titan?

On June 18, 2023, five men boarded the Titan submersible run by OceanGate Expeditions. Their mission was to travel 12,500 feet below the surface to view the wreckage of the Titanic.

Just two hours into the dive, the Titan lost communication with its control ship. Hours later, a massive search began looking for the 22-foot-long vessel. For four days, international ships, surveillance aircrafts, and undersea drones searched for the Titan. Finally, the vessel was found. Debris from the sub was found on the seafloor around the Titanic wreckage.

The remains of the sub indicated that Titan had imploded at some point in its descent. All five passengers were pronounced dead.

Passengers Signed Waivers Before the Trip

The five men aboard the Titan presumably knew there were risks involved with their journey. When they signed up for the trip, each paid as much as $250,000 and signed a lengthy liability waiver.

While details of the exact waiver signed by the men haven’t been made public, a passenger who made the trip with OceanGate Expeditions in July 2022 shared details about the waiver he signed before his trip.

Mike Reiss said the waiver mentioned the possibility of death three times on the first page alone. “You sign a massive waiver that lists one way after another that you could die on the trip,” Mike Reiss told the BBC.

Does this mean lawsuits can’t be filed in the case? Not exactly.

Is There a Case for Wrongful Death?

In cases where the negligence of a person or a company leads to the death of a person, there is an option to sue for wrongful death. Survivors can seek financial compensation for losses and damages experienced as a result of the death.

Wrongful death lawsuits are typically dictated by the rules and guidelines in state statutes. In Florida, wrongful death lawsuits are dictated by Florida Statute 768.21. In the case of the Titan, the accident happened in international waters, so it is not clear which jurisdiction would manage a potential case.

In most wrongful death cases, plaintiffs must typically prove two things.

1. The death was a result of the negligence or maliciousness of an at-fault party.
2. The death led to financial and/or emotional damages for surviving members of the deceased.

In an effort to avoid potential wrongful death lawsuits, companies or individuals seek protection through the use of liability waivers, as was the case with the Titan voyage. It appears that all passengers signed liability waivers.

But waivers don’t always offer unlimited protection against wrongful death lawsuits.

Related: How Do You Sue for Wrongful Death?

What Potential Lawsuits Could Arise?

The families of the men who died in the Titan could possibly sue for wrongful death if there is evidence of gross negligence or hazards that were not fully disclosed to the passengers.

Since the Titan went missing, allegations that the submersible wasn’t safe are coming to light.

In 2018, a former employee of OceanGate warned company leaders that the sub’s safety could be compromised, according to Insider.

In a lawsuit, the employee said he was worried about poor “quality control and safety” protocols that “​​paying passengers would not be aware of.”

If there were dangerous aspects of the construction of the vessel that were kept from the passengers, it could potentially open the door to litigation against OceanGate.

OceanGate is not the only company that could face potential litigation. The companies that designed, built, or made parts for the Titan could also face potential lawsuits if they are found to be negligent or the cause of the implosion.

Many details of the case are still being investigated, and as more details come to light, we will see if lawsuits will also follow.

Related: Examples of Wrongful Death Cases Worth Fighting For

Seek Justice If Injured by Negligence

If you or a loved one have been injured due to the negligence of another individual or company, you deserve to be made whole. To hold a negligent party accountable, talk to a personal injury attorney or a wrongful death attorney right away. Discuss the details of your situation to find out if you have a case to seek damages and justice.

Discuss your case with attorney TJ Grimaldi. All consultations are free so share your story today. Schedule your free consultation or call 813-226-1023 now.

When Hollywood couples divorce, they have to deal with both the public portrayal of their split and the legal implications of their breakup.

Let’s look at what considerations are most important during a divorce and the three stars dealing with breakups in the legal system and the public eye.

Breaking Down The Divorce Process

When a couple divorces, whether famous or not, they have to deal with the same considerations as everyone else. Hollywood couples may have higher stakes when it comes to the financial implications of their divorce, but they have to go through the same legal process.

1. One or both parties file a petition for Dissolution of Marriage.
2. If it is a contested divorce, the other party must file an answer within 20 days.
3. If there is a prenuptial agreement, the document outlines many of the details of the divorce.
4. Both parties may be required to fill out additional paperwork and affidavits related to details of the divorce.
5. Both parties may work together through mediation to come to an agreement.
6. If no agreement is made, a trial may take place.
7. A final judgment is made, and the divorce is finalized.

Depending on the complexity of the divorce, the process can happen quickly or take years to finalize as the couple works through the details of the divorce.

Related: How to File for Divorce in Florida

The Top Divorce Considerations

During a divorce, a couple has to work through a variety of details related to how they will split up their finances and property, manage their children, and move forward as separate entities.

The details that must be defined during a divorce include: 

• Assets and Liabilities: The couple must audit their assets and liabilities and determine who is responsible and has ownership over major items.
• Child Custody: If a couple has children under the age of 18, they must set guidelines for child custody and who has legal and physical custody.
• Child Support: When children are involved, details of the divorce may also include the amount of money that one spouse must pay another to take care of the children.
• Spousal Support: If one spouse has a larger income than the other, they may be required to pay monthly spousal support.
• Prenuptial Agreements: If a prenuptial agreement was signed before the marriage, it may dictate the details of asset and liability division, child custody, child support, and spousal support.

Related: How to Prepare for the First Meeting with a Divorce Attorney

How Three Celebrities Are Managing Their 2023 Divorce

In 2023, three Hollywood stars began the divorce process. Let’s look at how they are navigating the details of their divorce.

Reese Witherspoon

In March 2023, Reese Witherspoon filed for divorce from husband Jim Toth, citing irreconcilable differences. The couple had been married for 12 years, and they share a 10-year-old son, Tennessee. The details of Witherspoon and Toth’s divorce likely won’t need to be heavily litigated as the couple signed a prenuptial agreement in March 2011. According to Page Six, the prenuptial agreement is valid and will provide “adequate and sufficient provisions” for their assets and debts.

Per the rules of Davidson County, Tennessee, the couple is required to register for a parenting class and complete the class within 60 days. According to reports, the couple is ready to have a judge sign off on the prenuptial agreement and permanent parenting plan.

Related: What Happens After Divorce Papers Are Served?

Kevin Costner

In early May 2023, Kevin Costner’s wife Christine Costner filed for divorce. Christine Costner cited irreconcilable differences as the reason to end the 18-year marriage, according to reporting by TMZ. Christine Costner is Kevin Costner’s second wife, and they share three children, ages 12, 14, and 15.

The Costners also had a prenuptial agreement. Kevin Costner’s legal response said, “spousal support to be payable to petitioner pursuant to the terms of the parties’ Premarital Agreement.” Christine Costner asked for joint custody in her filing, and it appears that her husband is in agreement on the custody agreement for their children, filing for joint custody as well.

Related: How Much Does a Divorce Cost in Florida?

Drake Bell

In April 2023, just a few weeks after Drake Bell was reported missing, his wife, Janet Von Schmeling filed for divorce. The couple has been married for four years and share a one-year-old son, according to reporting by TMZ.

Von Schmeling cited irreconcilable differences as the reason for the divorce, which comes months after the couple separated in September 2022. According to reports, Von Schmeling is seeking primary legal and physical custody of their son and spousal support. She would like Bell to have visitation rights.

Navigate Divorce with a Trusted Advisor

Hollywood stars have to go through the same legal process as everyone else when ending a marriage. They have to sort through divorce proceedings and determine the best way to split up their assets, set spousal and child support payments, and create parenting plans.

If you are going through a divorce and dealing with the same issues, make sure you have a trusted attorney on your side. Don’t delay. Talk to an experienced divorce attorney right away.

Schedule a call with TJ Grimaldi to discuss the details of your situation. Contact our office or call 813-226-1023.

For the first time in history, a former President of the United States has been found liable for sexual abuse and defamation. What does the verdict mean for Donald J. Trump, and what led to the case and the jury’s decision?

What Was the Case About?

In 2019, E. Jean Carroll, a journalist, author, and popular columnist, publicly stated that Donald J. Trump raped her in the mid-1990s. Caroll detailed the account in her memoir, What Do We Need Men For?: A Modest Proposal. Parts of the story were also included in an article for New York magazine.

In response to the release of the story, Trump made disparaging comments about Carroll. He said, “I’ve never met this person in my life.” He also called Caroll a “liar” and said, “She is trying to sell a new book — that should indicate her motivation. It should be sold in the fiction section.”

In November 2022, Caroll took her story to court.

Caroll filed a civil suit in New York, alleging that Trump raped her and then defamed her after she came out with her story. Carroll was able to file the assault case in civil court despite the statute of limitation due to a new law called the New York State Adult Survivors Act. The law allows litigation for sexual assault allegations that took place even decades ago.

“I’m here because Donald Trump raped me, and when I wrote about it, he said it didn’t happen,” Carroll testified during the trial. “He lied and shattered my reputation, and I’m here to try to get my life back.”

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

What Was the Outcome of the Case?

The case was heard in front of a nine-person jury in New York state.

During the trial, Caroll took the stand to share her experience. Her legal team called ten others to testify which included two women who testified that Trump also sexually assaulted them.

While Trump has denied any wrongdoing, his legal team did not present a defense in the case. They called no witnesses, and Trump did not attend the trial. Trump’s team asked for a mistrial, but it was not granted by the judge.

The two-week trial ended with a jury of six men and three women determining that Trump was liable for sexually abusing and defaming Carroll.

The jury said there was enough evidence to believe that Trump sexually abused Carroll, but they did not find enough evidence to say that Trump raped her. 

As reported by CNN, a person is liable for sexual abuse when they subject another person to sexual contact without consent. Under New York law, “sexual contact” means “any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party.”

The jury also said Trump defamed Carroll when he denied her story. 

As reported by NPR, the jury found that Trump had acted “maliciously, out of hatred, ill will, spite or wanton, reckless, or willful disregard of the rights of another.”

Related: Dealing With the Media During a High-Profile Case: What to Expect

What Are the Consequences?

The jury awarded Carroll a total of $5 million.

In finding Trump liable for battery, the jury awarded Carroll $2 million in compensatory damages and an additional $20,000 in punitive damages.

In finding Trump liable for defamation, the jury awarded Carroll $2.7 million in compensatory damages and an additional $280,000 for punitive damages.

Because the case was a civil case, Trump will face no jail time.

The verdict does not impact Trump’s presidential race. He can continue his bid for the presidency.

Related: What’s the Difference Between a Civil and Criminal Case? 

What Will Happen Next?

Trump continues to say he has done nothing wrong, and his legal team filed an appeal the day the verdict was announced.

One day after the jury found Trump guilty of defaming Carroll, Trump again spoke publicly about Carroll during a televised town hall on CNN calling, her a “wack job.”

According to the New York Times, Carroll’s attorney Roberta A. Kaplan said she is considering filing a new defamation lawsuit against Trump as he continues to speak publicly about Carroll.

Get Trusted Legal Advice

Whether you are bringing a case against a person or company or you are facing civil or criminal charges, seek legal advice right away. Don’t enter into a legal matter without a trusted attorney by your side. Work with a partner who can help you understand the complexities of the law and guide you to the best possible outcome for your case.

Review your case today. Request a consultation with attorney TJ Grimaldi. Request your free consultation by contacting our office or calling 813-226-1023 today.

Photo via Jefferson County, CO Sheriff’s Office

One evening ruined the lives of four young people. The reckless actions of three teenage boys led to the death of a 20-year-old young woman. Now the three teens face serious consequences for their actions.

What did they do to get charged with murder, and how might their lives change forever?

Reckless Actions Lead to a Death

On April 19, three 18-year-olds drove around Arvada, Colorado in a black 2016 Chevrolet Silverado pickup truck, causing danger and damage. Joseph Koenig, Nicholas Karol-Chik, and Zachary Kwak, all high school seniors at separate schools, were in the vehicle.

As they drove around, the teens threw large landscaping rocks at passing vehicles. The rocks weighed between three to five pounds each, as reported by NBC News.

After hitting six other vehicles, the teen’s car approached the car of 20-year-old Alexa Bartell at around 10:45 p.m.

As Bartell passed the teen’s vehicle, they threw a rock at her. The rock crashed through the window, hitting Bartell.

Bartell had been on the phone with a friend when the rock hit her car. When she went silent, the friend tracked Bartell’s phone and drove to the location. There, she found her friend off the roadway in a field dead.

Reckless Actions Lead to First-Degree Murders Charges

Less than a week after the accident, the three teens were arrested and charged with first-degree murder with extreme indifference.

Tips from the public and cell phone data helped identify the three teenagers as the culprits.

After the arrest, Karol-Chik reportedly told police that all three teens threw rocks at cars. He said Kwak threw the rock that hit Bartell and that the boys turned around and took a photo of her car. Kwak reportedly said the teens agreed to never speak of the incident again, according to reporting by ABC News.

The three teens now face serious consequences for their reckless actions.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

What’s First-Degree Murder With Extreme Indifference?

All three of the teens are charged with first-degree murder with extreme indifference.

First-degree murder is the most serious form of homicide in Colorado. It is defined as a homicide that is intentional, malicious, and deliberate.

The punishment for first-degree murder in Colorado is, at a minimum, life in prison. The maximum punishment for first-degree murder is the death penalty.

The first-degree murder charge includes a charge of extreme indifference. 

Murder in the first degree with extreme indifference is defined in Colorado statute 3-1:05 as the crime of murder “under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, knowingly, engaged in conduct which created a grave risk of death to a person or persons other than himself, and thereby caused the death of another.”

The indifference charge is used in cases where a defendant is accused of intending harm with no specific victim.

One example of the use of the indifference charge is in 2012 Colorado movie theater shooting. In 2015, James E. Holmes was found guilty on charges of first-degree murder with indifference. Holmes committed an act to kill with no intended victim when he walked into a movie theater and opened fire.

The teens are accused of taking action to cause harm with no intended victim.

Possibility of a Wrongful Death Lawsuit

The teens will face criminal charges in court and a possibility of a wrongful death civil suit.

Bartell’s family could sue the teens for wrongful death. To sue for wrongful death, a plaintiff must prove that the defendant acted negligently and that their actions caused a death.

At this time, the family has not said if they will pursue civil charges. According to the sheriff’s spokesperson Jacki Kelley, the family is just grateful the individuals responsible are being held accountable.

Related: Examples of Wrongful Death Cases Worth Fighting For

Get Expert Legal Advice

If you or a loved one are involved in a civil or criminal legal matter, ensure you have a trusted attorney by your side. Get expert legal advice to guide you through the complexities of the legal system and ensure that you get the most fair and just outcome.

If you have a legal case to discuss, contact attorney TJ Grimaldi. Request your free consultation by contacting our office or calling 813-226-1023 today.

A teenage boy made a mistake while picking up his siblings. He rang the wrong doorbell. The mistake left him with two bullet wounds after the homeowner saw him at the door and shot.

The teen will survive his injuries, but what will happen to the man who shot him for ringing the wrong doorbell?

Ringing the Wrong Doorbell

Raphael Yarl’s younger siblings were at a friend’s house on April 13, 2023. Yarl’s mother told him to go pick them up at 115th Terrace, a street in the northern part of Kansas City, Missouri.

But 16-year-old Yarl made a mistake. He went to 115th Street instead of 115th Terrace.

According to Yarl’s aunt and lawyers, Yarl parked in the driveway, walked up to the door, and rang the doorbell. It was shortly before 10 p.m. The homeowner, 84-year-old Andrew D. Lester came to the door. No words were exchanged. Lester opened the main door and used a .32-caliber Smith & Wesson revolver to shoot at Yarl through the storm door, hitting him twice, once in the head and once in the arm.

Yarl’s aunt, Faith Spoonmore shared Yarl’s side of the story, as reported by NPR. “The man inside opened up the door and shot him in the head through the glass door. When Raphael was on the ground, he shot him again,” she said.

The 16-year-old high school junior got up and ran to a neighbor’s house for help. He was taken to a hospital, where he received care and was released three days later.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Why Did the Homeowner Shoot?

Lester called 911 after the incident. He was taken into custody and brought in for questioning.

According to a police statement, Lester said he shot at Yarl because he was afraid. He thought his house was being broken into. He saw a tall man at the door and claimed Yarl was pulling at the storm door handle.

Yarl said he didn’t attempt to open the door, and it appears that he never crossed the threshold of the door.

Lester was released from custody without charges. Missouri law requires that a suspect must be charged within 24 hours or else be released. Police said Lester was released because he was cooperating and not considered a flight risk.

But the case did not end there.

Four days after the shooting, charges were filed. Clay County prosecutor Zachary Thompson determined that Lester’s actions were criminal and charged him with first-degree assault and armed criminal action, as reported by the New York Times.

The shooting took place in Missouri and will follow Missouri law. In Missouri, armed criminal action carries a maximum penalty of 15 years in prison.

Related: Misdemeanor vs Felony: What’s the Difference? 

Will the Shooter See Jail Time?

Lester’s legal team may choose to use two defenses to fight the charges against him. They may use laws often referred to as “stand your ground” and “the castle doctrine.”

Missouri, like Florida, is one of about 30 states with stand your ground laws. In general, stand your ground laws say a person has no duty to retreat from a hostile situation before using deadly force. If a person feels their life or the life of another is in danger, they may use deadly force.

The castle doctrine is another type of self defense law. It says a person has no duty to retreat before using deadly force if they are in their home and believe an intruder intends to harm them or someone else.

For Lester to use a stand your ground or castle doctrine defense, he would have to prove that he reasonably felt his life was in danger when he fired his gun at Yarl. 

Since no words were shared between the man and the teen and Yarl didn’t appear to try to enter the home, it may be a difficult case to make.

When Lester was formally arraigned, he pleaded not guilty. We will wait and see how Lester’s team may try to defend his actions — and if a jury agrees with their position.

Talk to a criminal defense attorney if you or someone you know is facing potential legal charges. The sooner you talk to an experienced attorney, the sooner you can weigh your options and know what to expect. Talk to TJ Grimaldi today. Request your consultation or call 813-226-1023.

Supporting Victims of Gun Violence

TJ Grimaldi stands with children impacted by gun violence. As the Executive Director and Board Member of The Oulson Family Foundation, TJ works to help kids get the resources they need in the wake of being impacted by gun violence.

The Oulson Family Foundation was created to honor the life and legacy of Chad Oulson, whose life ended in a senseless act of gun violence. Learn more about The Oulson Family Foundation and see how you can help support victims of gun violence.