December 8, 2023

Construction Site Accidents – Gross Negligence Defined

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Gross Negligence Defined

The only way you can sue a company that is a workers’ compensation subscriber is by proving its gross negligence led to the death of your family member. Instances such as momentary lapse of focus or reason, or an isolated error, are considered standard negligence and are protected by workers’ comp. But if either an employer or one of its employees habitually displays recklessness or carelessness in the performance of their duty to protect others, that is considered gross negligence. Say a fellow worker accidentally knocks a cinder block off the roof of a building and crushes an employee standing below. This is an example of standard negligence. But if the construction company habitually allows a construction site to pose a hazard due to debris constantly lying around, and other objects have repeatedly been knocked from the building, then that is gross negligence. The worksite’s foreman should have been reasonably able to anticipate the possibility that a fatal accident could have been a consequence of that hazardous environment.More on this webpage

One of our clients was the family member of a construction worker who died when his boss ordered him to work on a crane without a properly functioning safety harness. Not only did the worker’s harness malfunction and cause him to fall to his death, but the owner of the company also had the sheer audacity to race to a nearby hardware store, buy a new harness, and attach it to the corpse before the death was even reported. But because we undertook an investigation and interviewed other workers who were at the scene, we were able to expose the owner’s callous attempt at a cover-up.

In order for your family’s wrongful death lawsuit to be successful, you need to have an experienced attorney on your side who can strategize a rock-solid case that can meet the high standards necessary to prove gross negligence.

Non-Subscribing Companies
Because a non-subscribing company did not purchase workers’ comp insurance, the only way to gain restitution is through a lawsuit. In this case, however, the plaintiff needs only prove the occurrence of standard negligence to win restitution, and standard negligence has a much lower standard of proof.

The State of Texas, in effect, punishes non-subscribers by making it easier for a plaintiff to win a wrongful death lawsuit. However, the litigation involved in such a case can be much more intricate and emphasizes, even more, your need to have an experienced attorney on your side. Not only must the plaintiffs in this kind of case prove their loved one’s death was due to the company’s standard negligence, but they must also prove the amount of compensation they are trying to obtain is fair and just.

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Fatal Car Accident Attorneys

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Fatal Car Accident Attorneys

Our Law Office Helps You Understand What to do After a Fatal Car Accident

If you and your family are suffering and dealing with losing a beloved family member after a fatal car accident, our hearts go out to you. Dealing with the sudden loss of a loved one, regardless of the circumstances, is an ordeal that none of us deserve, but many must endure.

In the midst of your grief, this sudden loss was likely caused by negligence by the driver or someone else. And though it might seem inappropriate to think of anything but mourning your loss, this accident is undoubtedly affecting you and yours financially. Contrary to what your family might think, it is certainly appropriate to consider how your family will be appropriately compensated for your damages and those that your deceased loved one suffered. Someone needs to help you handle this part of your family’s business before someone who doesn’t care about those interests and victimizes your family during its time of profound sorrow.

Most of us drive responsibly. We obey traffic laws, use our seatbelts and child car seats, and are alert to our surroundings when driving. No matter what we do to keep ourselves, our families, and other motorists safe, that responsibility is not always shared by other drivers. Drivers who are thoughtless, careless, drunk, tired, or distracted can come crashing into our lives without warning, no matter what we do. All we can do is watch out for them and hope to avoid them in time when they come careening out of control into our lives.

After an auto accident that kills someone you love, there’s a lot you can do to protect your rights with the help of the right fatal car accident attorney. You can rightfully seek compensation for the financial, physical, and emotional damages surrounding the tragic fatal auto accident that took your loved one from you and yours. In fighting for that right, you are opposed by powerful forces. They have one goal in mind, to deny the rightful financial remedy you and your family deserve by law: rights that, with the help of an experienced fatal auto injury lawyer, you can effectively protect and keep you safe from the fiscal disaster this wrongful death can become.

If you wish to receive the fairest legal damages that your insurance claim or civil case can bring. In that case, we hope this Web page will help you understand the apparent need to hire an attorney who has experience in personal injury and wrongful death auto accident cases. Some might handle this matter themselves or hire inexperienced counsel who talks a mean game. But we feel obliged to explain some of the basics of wrongful death auto accident cases as a service to our visitors.

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Back & Spine Injuries – Personal Injury Law

Back & Spine Injuries

The back and spine are some of the most vulnerable areas of the human body and are therefore especially susceptible to injury in a car accident. Even a minor twist or strain to back muscles can cause a back and spine injury and result in chronic pain.accident attorneys - neck and back injuries

Back injuries can be expensive and difficult to treat. A spinal injury is often a plaguing injury that can result in paralysis.

Back injuries are an especially serious type of car accident injury because they can sometimes make it impossible for an individual to return to work. Although individuals who suffer a back injury may recover enough to be able to train for a new career, those who experience a spinal cord injury that causes paralysis may never be able to work again.

Come see one of our car accident lawyers to discuss your car accident injury claim. Call toll-free or email us. More info on this website

Back Injuries Can Cause Extreme Pain

Back and spine injuries are a common repercussion of another injury, such as a neck injury. Back pain is a frequent complaint of individuals who have been in a car accident. According to the Mayo Clinic, back pain is one of the main reasons individuals visit the doctor and are forced to miss work.

The back is made up of vertebrae in the spine, cushioned by disks in between the individual vertebrae. During a car accident, the soft material inside a disk may shift out of place or even rupture and cause strain to nerves around the spine, resulting in excruciating back pain.

An individual who experiences back pain after a car accident may feel sudden spasms or a shooting pain that travels from the back to the legs. Muscle aches are also common, and an individual may also have trouble standing up straight or lose his or her normal range of motion.

Spinal Cord Injuries

Spinal cord injuries are the result of damage to the ligaments, discs, or vertebrae of the spinal column. A spinal cord injury can also occur when the nerves at the end of the spinal cord sustain damage. Even the slightest impact could result in a back and or spine injury.

The Mayo Clinic states that spinal cord injuries can have permanent repercussions. An individual who experiences a spinal cord injury faces a host of bodily issues, such as a decrease in strength, less sensation in certain areas of the body, and trouble performing bodily functions below the area of impact.

Treatment Is Available

Back and spine injuries can often be treated through a variety of methods. Some back pain can be treated with over-the-counter medication. Although bed rest is recommended, it should not be done for more than two days, or the back pain could worsen rather than improve.

A doctor will normally prescribe common pain relievers for back pain. If the pain does not improve, muscle relaxers may be prescribed. Narcotics or antidepressants may also be prescribed for extreme back pain.

Although medications may be prescribed for a spinal cord injury, immobilization of the back is often undertaken to stabilize the spine.

Back and spine injuries sustained in an automobile accident take an extreme physical and emotional toll on an individual. Fortunately, financial compensation may be available from a negligent driver.

If you’ve been injured in an accident, our experienced personal injury lawyers can help. Call us toll-free or email us to learn about your options.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas

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