When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment

Friday, January 5, 2024
When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment 1

When it comes to handling heavy machinery, safety should always be the top priority. Unfortunately, accidents can still occur due to faulty equipment, leading to severe injuries and even death. In such cases, those affected may have the right to file an injury lawsuit against the responsible parties.

In this article, we will delve into the world of injury lawsuits caused by faulty equipment, exploring the legal aspects, challenges, and potential compensations that individuals could pursue. Whether it’s a malfunctioning industrial machine, a defective vehicle component, or a faulty tool, we will examine the various scenarios where machines fail and the legal consequences that follow.

From examining product liability laws to understanding the burden of proof, we will provide insights and guidance on how to navigate the complexities of these lawsuits. Additionally, we will shed light on the importance of gathering evidence, consulting with legal experts, and discussing your case with experienced injury lawyers.

Stay tuned as we unravel the intricacies of injury lawsuits caused by faulty equipment, helping you understand your rights and seek appropriate legal remedies.

Understanding product liability in faulty equipment cases

Faulty equipment can take many forms and can be found in various industries. Understanding the common types of faulty equipment that can cause injuries is crucial in identifying potential legal claims.

1. Industrial Machinery: Malfunctioning industrial machinery, such as conveyor belts, forklifts, or manufacturing equipment, can pose serious risks to workers. Defects in design, manufacturing, or maintenance can lead to accidents resulting in severe injuries or even fatalities.

2. Vehicle Components: Faulty vehicle components, such as defective brakes, airbags, or steering systems, can lead to car accidents and cause significant injuries to drivers, passengers, and pedestrians. Manufacturers have a duty to ensure the safety of their products, and when they fail to do so, they can be held liable for the damages caused.

3. Construction Equipment: Construction sites are inherently dangerous, and when equipment like cranes, scaffolding, or power tools are faulty, the risk of accidents increases exponentially. Construction workers who suffer injuries due to faulty equipment may have legal grounds to pursue compensation.

In these cases, it’s important to establish that the equipment was indeed faulty and that the defect directly caused the injuries. Legal experts can help gather evidence and build a strong case against the responsible parties.

Understanding product liability laws

Product liability laws hold manufacturers, distributors, and sellers responsible for defective products that cause harm to consumers. Understanding product liability is crucial in pursuing injury lawsuits caused by faulty equipment.

There are three main types of product defects that can lead to liability claims:

1. Design Defects: When the design of a product is inherently flawed and poses a danger to users, it can be considered a design defect. In such cases, even if the product was manufactured correctly, it can still cause harm. Proving a design defect requires showing that a safer alternative design was feasible and would have prevented the injuries.

2. Manufacturing Defects: Manufacturing defects occur when a product deviates from its intended design due to errors or flaws during the manufacturing process. These defects can be isolated incidents and may affect only a small number of products. To establish a manufacturing defect, the plaintiff must demonstrate that the defect caused the injuries and that the product was unreasonably dangerous when it left the manufacturer’s control.

3. Marketing Defects: Marketing defects involve failures in providing adequate warnings, instructions, or safety labels for a product. If a manufacturer fails to provide proper instructions on how to use the product safely, or if they fail to warn consumers about potential risks, they can be held liable for injuries caused by the lack of information.

Product liability laws vary by jurisdiction, so it’s important to consult with an experienced injury lawyer to understand how these laws apply to your specific case.

Proving negligence in faulty equipment injury lawsuits

Injury lawsuits caused by faulty equipment often rely on proving negligence on the part of the responsible parties. To establish negligence, the plaintiff must demonstrate the following elements:

1. Duty of Care: The plaintiff must establish that the defendant had a duty to provide safe equipment or products to the users. This duty of care can vary depending on the relationship between the parties involved, such as manufacturers and consumers, employers and employees, or property owners and visitors.

2. Breach of Duty: The plaintiff needs to prove that the defendant breached their duty of care by providing faulty equipment or products that posed a foreseeable risk of harm.

3. Causation: The plaintiff must establish a causal link between the defendant’s breach of duty and the injuries suffered. This requires demonstrating that the faulty equipment directly caused the injuries and that the injuries would not have occurred without the defect.

4. Damages: To pursue a successful injury lawsuit, the plaintiff must prove that they suffered actual damages, such as physical injuries, medical expenses, lost wages, pain, and suffering.

Proving negligence can be a complex process, requiring thorough investigation, expert testimonies, and strong evidence. It’s crucial to consult with an experienced injury lawyer who can guide you through the legal process and help build a compelling case.

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Steps to take after getting injured by faulty equipment

If you’ve been injured by faulty equipment, it’s important to take immediate action to protect your rights and strengthen your potential injury lawsuit. Here are the steps you should consider:

1. Seek Medical Attention: Your health and well-being should always be the top priority. Seek medical attention as soon as possible, even if your injuries may seem minor at first. Some injuries may not manifest immediately, and a medical professional can document your injuries and provide necessary treatment.

2. Preserve Evidence: Preserve any evidence related to the faulty equipment and your injuries. Take photographs of the equipment, document the scene of the accident, and collect any relevant documents, such as maintenance records or product manuals. This evidence can be crucial in establishing liability and proving the extent of your damages.

3. Report the Incident: Report the incident to the appropriate authorities, such as your employer or the police, depending on the circumstances. This documentation can create an official record of the incident and help establish the timeline of events.

4. Consult with Legal Experts: Contact an experienced injury lawyer who specializes in faulty equipment cases. They can provide guidance on your legal rights, help you navigate the complex legal process, and ensure your rights are protected throughout the proceedings.

Remember, time is of the essence in injury lawsuits, as there may be statutes of limitations that restrict the timeframe within which you can file a claim. Acting promptly and seeking legal advice can significantly increase your chances of obtaining a favorable outcome.

The role of expert witnesses in faulty equipment injury cases

Expert witnesses play a crucial role in faulty equipment injury cases. Their specialized knowledge and expertise can provide valuable insights and strengthen your legal claim. Here are some examples of expert witnesses commonly involved in these cases:

1. Engineers: Engineering experts can evaluate the design, manufacturing, or maintenance of the faulty equipment and provide professional opinions on whether the defect directly caused the injuries.

2. Medical Professionals: Medical experts can assess the extent of your injuries, provide medical opinions on the cause and long-term effects, and calculate the necessary medical costs for treatment and rehabilitation.

3. Accident Reconstruction Specialists: In cases where the cause of the accident is disputed, accident reconstruction specialists can analyze the evidence, recreate the sequence of events, and provide expert opinions on how the accident occurred.

Expert witnesses can provide objective and unbiased opinions based on their specialized knowledge, which can significantly strengthen your case. Your injury lawyer can help identify and engage the right experts to support your legal claim.

Compensation in faulty equipment injury lawsuits

Seeking compensation is an important aspect of injury lawsuits caused by faulty equipment. The compensation aims to help the injured party recover from their losses and regain their quality of life. Depending on the circumstances of the case, the following types of compensation may be available:

1. Medical Expenses: Compensation for past and future medical expenses related to the injuries caused by the faulty equipment, including hospital bills, surgeries, medications, rehabilitation, and therapy.

2. Lost Wages: Compensation for lost wages and income due to the injuries. This may include both current and future loss of earning capacity if the injuries result in long-term or permanent disabilities.

3. Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injuries. This type of compensation is subjective and varies based on the severity and impact of the injuries.

4. Loss of Consortium: In cases where the injuries have a significant impact on the injured party’s relationship with their spouse or family members, compensation may be awarded for the loss of companionship, affection, and support.

5. Punitive Damages: In some cases, if the defendant’s actions were particularly reckless or malicious, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

The specific compensation available in each case depends on various factors, such as the severity of the injuries, the impact on the injured party’s life, and the jurisdiction’s laws. An experienced injury lawyer can assess your case and help determine the appropriate compensation to pursue.

How to choose a lawyer for a faulty equipment injury lawsuit

Choosing the right lawyer is crucial in ensuring the success of your faulty equipment injury lawsuit. Here are some key factors to consider when selecting a lawyer:

1. Experience: Look for a lawyer with extensive experience in personal injury law, specifically handling faulty equipment cases. A lawyer with a track record of successful outcomes in similar cases will have the necessary expertise and knowledge to navigate the complexities of your lawsuit.

2. Specialization: Ensure that the lawyer specializes in personal injury law and has a deep understanding of product liability and negligence laws. Specialized lawyers are better equipped to handle the intricacies of these cases and can provide tailored advice to maximize your chances of success.

3. Reputation: Research the lawyer’s reputation by reading client reviews, checking their professional affiliations, and reviewing any awards or recognition they have received. A lawyer with a solid reputation indicates their commitment to providing quality legal representation.

4. Communication: Choose a lawyer who communicates effectively and keeps you informed throughout the legal process. Clear communication is essential for a strong lawyer-client relationship, as it ensures that you understand the progress of your case and can make informed decisions.

5. Fee Structure: Discuss the lawyer’s fee structure during the initial consultation. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Understanding the fee structure upfront allows you to assess the financial implications of pursuing a faulty equipment injury lawsuit.

Take the time to schedule consultations with potential lawyers to discuss your case and assess their suitability. Choose a lawyer who not only has the necessary expertise but also makes you feel comfortable and confident in their abilities.

Case studies of successful faulty equipment injury lawsuits

Examining case studies of successful faulty equipment injury lawsuits can provide valuable insights into the legal process and potential outcomes. Here are two examples:

1. Case Study 1 – Industrial Machinery: A factory worker suffered severe injuries when a malfunctioning hydraulic press crushed his hand. The injured worker filed a lawsuit against the manufacturer, alleging a design defect in the press. The case was settled out of court, resulting in a significant compensation amount that covered medical expenses, lost wages, and pain and suffering.

2. Case Study 2 – Vehicle Component: A car accident occurred due to a defective airbag, causing the driver to sustain serious injuries. The injured driver filed a lawsuit against the manufacturer and distributor of the airbag, claiming a manufacturing defect. The case went to trial, and the jury awarded substantial compensation for medical expenses, lost wages, and pain and suffering.

These case studies highlight the potential for successful outcomes in faulty equipment injury lawsuits. Each case is unique, and the specific facts and circumstances play a significant role in determining the outcome. Consulting with an experienced injury lawyer who can assess the merits of your case is crucial in pursuing a successful lawsuit.

When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment 5

Faulty Equipment Safety: Expert Tips to Minimize Workplace Accidents and Injuries

In today’s fast-paced work environment, the safety and well-being of employees should always be a top priority. One area where this is particularly important is faulty equipment safety. Accidents and injuries caused by malfunctioning machinery or tools can have serious consequences for both the individuals involved and the company as a whole.

However, minimizing workplace accidents and injuries requires more than just good intentions. It requires expert knowledge and proactive measures. In this article, we will provide you with expert tips on how to minimize workplace accidents and injuries caused by faulty equipment.

From conducting regular equipment inspections to ensuring proper training and maintenance protocols, we will delve into the strategies that can help you create a safer working environment. By implementing these practices, you can not only protect your employees but also boost productivity and minimize costly downtime caused by accidents and injuries.

Don’t wait until an accident happens; take proactive steps to ensure faulty equipment safety in your workplace. Read on to discover the expert tips that will help you create a safer and more efficient work environment.

The importance of equipment safety in the workplace

Ensuring equipment safety in the workplace is crucial for the well-being of employees and the overall success of a company. Faulty equipment can lead to serious accidents, injuries, and even fatalities. These incidents not only harm employees but also result in legal consequences, damaged company reputation, and financial losses. As an employer, it is therefore essential to prioritize equipment safety and take proactive measures to prevent accidents.

To ensure equipment safety, it is crucial to have a comprehensive understanding of the potential risks and hazards associated with the machinery and tools used in the workplace. Conducting thorough risk assessments and identifying potential areas of concern will help in developing effective safety protocols and practices.

Common workplace accidents caused by faulty equipment

Accidents caused by faulty equipment can occur in various ways and result in different types of injuries. Some common workplace accidents caused by faulty equipment include:

1. Falls from malfunctioning ladders or scaffolding: Faulty equipment such as unstable ladders or defective scaffolding can lead to falls from heights, resulting in severe injuries or even death.

2. Electrocutions: Malfunctioning electrical equipment, exposed wires, or inadequate grounding can cause electric shocks and electrocutions, posing a significant risk to employees.

3. Machinery malfunctions: Equipment failures, such as jammed or inadequately guarded machinery, can cause amputations, crush injuries, or lacerations.

4. Burns and explosions: Equipment that is not properly maintained, such as faulty gas cylinders or defective heating systems, can lead to fires, explosions, and severe burns.

By understanding the potential accidents caused by faulty equipment, employers can take the necessary steps to prevent them and ensure the safety of their employees.

Understanding the legal obligations for equipment safety

In addition to the moral obligation to protect employees, employers also have legal responsibilities when it comes to equipment safety in the workplace. Various laws and regulations govern equipment safety, and non-compliance can result in severe penalties, lawsuits, and reputation damage.

The Occupational Safety and Health Administration (OSHA) in the United States, for example, sets standards and regulations to ensure workplace safety. Employers must comply with these standards, conduct regular inspections, and maintain records to demonstrate their commitment to equipment safety.

Apart from OSHA, other regulatory bodies and industry-specific standards may also apply, depending on the nature of the business and the equipment used. Employers must stay informed about the legal obligations and ensure compliance to protect both their employees and their business.

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Conducting regular equipment inspections and maintenance

Regular equipment inspections and maintenance are essential to identify and address potential issues before they lead to accidents or injuries. Employers should establish a comprehensive inspection program that includes routine checks, scheduled maintenance, and prompt repairs.

Inspections should cover all relevant aspects of the equipment, including mechanical components, electrical systems, safety features, and ergonomic factors. By conducting thorough inspections, employers can identify any signs of wear and tear, loose fittings, leaks, or other potential hazards. Prompt repairs or replacements should be made to ensure the equipment is safe for use.

Additionally, employers should establish preventive maintenance schedules to keep equipment in optimal condition. This may involve lubrication, calibration, alignment, or other maintenance tasks recommended by equipment manufacturers. By implementing regular inspections and maintenance, employers can minimize the risk of accidents caused by faulty equipment.

Training employees on equipment safety protocols

Proper training is crucial to ensure that employees are aware of the potential hazards associated with equipment and how to use it safely. Employers should provide comprehensive training programs for all employees who will be working with or around equipment.

Training sessions should cover topics such as equipment operation, maintenance procedures, safety protocols, and emergency response plans. Employees should be educated on the correct usage of equipment, including any specific safety precautions. Additionally, they should be informed about the signs of equipment malfunction and the importance of reporting any issues immediately.

Regular refresher training sessions should be conducted to reinforce safety protocols and update employees on any changes or new equipment introduced in the workplace. By investing in employee training, employers can ensure that their workforce is equipped with the knowledge and skills to handle equipment safely and prevent accidents.

Creating a culture of safety in the workplace

Beyond implementing specific safety measures, creating a culture of safety is essential to ensure equipment safety in the workplace. A safety culture fosters an environment where employees are actively engaged in identifying and addressing potential hazards.

Employers should encourage employees to report any concerns or equipment malfunctions promptly. This can be achieved through open communication channels, anonymous reporting systems, regular safety meetings, and encouraging a proactive approach to safety.

In addition, employers should recognize and reward employees who prioritize safety and actively contribute to maintaining a safe working environment. By promoting a culture of safety, employers can create an atmosphere where employees feel empowered to prioritize safety and take necessary precautions.

Identifying and addressing potential hazards

Identifying potential hazards is a crucial step in preventing accidents caused by faulty equipment. Employers should conduct regular risk assessments to identify any potential hazards associated with equipment usage in the workplace.

Risk assessments should involve a careful examination of each piece of equipment, its intended use, and the work environment. This process should consider factors such as ergonomic risks, exposure to hazardous substances, electrical hazards, and any other potential risks associated with the specific equipment.

Based on the findings of risk assessments, employers should implement appropriate control measures to minimize the identified hazards. This may involve engineering controls, administrative controls, or personal protective equipment (PPE) requirements. Regular monitoring and evaluation should be conducted to ensure the effectiveness of these control measures.

Reporting and documenting equipment malfunctions

Employees play a vital role in maintaining equipment safety by promptly reporting any malfunctions or issues they observe. Employers should establish a clear reporting procedure that ensures employees feel comfortable reporting concerns without fear of reprisal.

Reports should be documented and thoroughly investigated to determine the cause of the malfunction and implement appropriate corrective actions. This documentation not only helps in addressing immediate concerns but also serves as a valuable reference for future inspections, maintenance, and training programs.

Implementing emergency response plans for equipment-related accidents

Despite the best preventive measures, accidents can still occur. Employers should have well-defined emergency response plans specifically tailored to equipment-related accidents. These plans should outline the steps to be taken in the event of an accident, including first aid procedures, evacuation plans, and communication protocols.

Employees should be trained on these emergency response plans to ensure they can respond quickly and effectively in case of an accident. Regular drills and exercises should be conducted to test the efficiency of these plans and identify areas for improvement.

Conclusion: The role of ongoing monitoring and improvement in minimizing workplace accidents and injuries.

Minimizing workplace accidents and injuries caused by faulty equipment requires ongoing monitoring, evaluation, and improvement. Employers should continuously assess the effectiveness of their equipment safety protocols, address any emerging concerns, and adapt to changes in regulations or technology.

By prioritizing equipment safety, conducting regular inspections and maintenance, providing comprehensive training, and fostering a culture of safety, employers can minimize the risk of accidents and injuries in the workplace. This not only protects the well-being of employees but also enhances productivity, reduces downtime, and preserves the company’s reputation.

Don’t wait until an accident happens; take proactive steps to ensure faulty equipment safety in your workplace. By implementing the expert tips provided in this article, you can create a safer and more efficient work environment for everyone involved.

Posted by mockingbird at 12:35 pm

Understanding the Legal Ramifications: How to Pursue an Injury Lawsuit for Faulty Equipment in Texas

Friday, January 5, 2024

Photo young warehouse worker injured leg at workplace

Injuries caused by faulty equipment can have serious consequences. If you have been injured due to a defective product in Texas, understanding the legal ramifications and how to pursue an injury lawsuit is essential. From medical expenses to lost wages, the financial burden can be overwhelming. But you don’t have to face it alone.

In this article, we will explore the legal process of pursuing an injury lawsuit for faulty equipment in Texas. We will guide you through the steps you need to take, from gathering evidence to filing a lawsuit. Our aim is to empower you with knowledge so that you can confidently seek the compensation you deserve.

Navigating the legal system can be complex, especially when dealing with product liability cases. It’s important to have a skilled attorney who specializes in personal injury law by your side. They can help you understand your rights, build a strong case, and negotiate with insurance companies on your behalf.

Don’t let a faulty product derail your life. Take action and explore your legal options today.

Types of faulty equipment cases

Product liability laws in Texas are designed to protect consumers from harm caused by defective products. In general, there are three types of product defects that can form the basis of a faulty equipment lawsuit: design defects, manufacturing defects, and marketing defects.

Design defects occur when a product is inherently dangerous due to a flaw in its design. Manufacturing defects, on the other hand, happen during the production process and result in a product that deviates from its intended design. Marketing defects refer to failures in providing adequate warnings or instructions about the safe use of a product.

To establish a product liability claim in Texas, you must prove that the product was defective, that the defect caused your injury, and that you were using the product as intended or in a reasonably foreseeable manner. It’s important to note that the statute of limitations for product liability claims in Texas is two years from the date of the injury, so time is of the essence.

Photo working man in helmet examining bulldozer engine

Steps to take after an injury from faulty equipment

Faulty equipment cases can arise in various industries and involve a wide range of products. Some common examples include:

1. Defective machinery or tools: This can include anything from faulty power tools to malfunctioning industrial equipment.

2. Automotive defects: Faulty brakes, airbags, or steering systems in vehicles can lead to serious accidents and injuries.

3. Medical device failures: Defective medical devices, such as hip implants or pacemakers, can cause severe complications and injuries.

4. Electrical equipment defects: Faulty wiring, defective appliances, or electrical fires caused by defective products fall under this category.

5. Consumer product defects: Defective household appliances, electronics, or children’s toys can pose significant risks to consumers.

No matter the type of faulty equipment case, it’s crucial to gather evidence and seek legal advice to determine the best course of action.

Free photo heavy excavator for digging on day light

Gathering evidence for your faulty equipment lawsuit

If you have been injured due to faulty equipment, there are several important steps you should take to protect your rights and strengthen your case:

1. Seek medical attention: Your health should be your top priority. Get the necessary medical treatment and keep records of all medical expenses, diagnoses, and treatments.

2. Preserve evidence: Take photographs of the defective equipment and the scene of the incident, if possible. Keep any receipts, purchase agreements, or packaging related to the product.

3. Document your injuries: Keep a detailed record of your injuries, including symptoms, pain levels, and any impact they have on your daily life or ability to work.

4. Identify witnesses: If there were any witnesses to the incident, obtain their contact information. Their testimony may be valuable to your case.

5. Do not admit fault: Avoid making any statements that could be interpreted as accepting blame for the incident. Stick to the facts when discussing the incident with others.

By following these steps, you can help build a strong foundation for your faulty equipment lawsuit.

Photo ill be able to sell these and many more shot of a young man talking on a cellphone while working on a farm

Finding the right personal injury lawyer

To successfully pursue a faulty equipment lawsuit, you need compelling evidence to prove that the product was defective and caused your injuries. Here are some key types of evidence to gather:

1. Product documentation: Collect any manuals, instructions, or warnings that came with the product. These can help establish whether the manufacturer provided adequate warnings or instructions for safe use.

2. Expert opinions: Consult with experts in the relevant field who can examine the product and provide an opinion on its defectiveness.

3. Accident reports: If the incident was reported to the authorities, obtain a copy of the accident report.

4. Medical records: Gather all medical records related to your injuries, including diagnoses, treatment plans, and medical bills.

5. Witness statements: If there were witnesses to the incident, obtain written or recorded statements from them that support your version of events.

Remember, the more evidence you have, the stronger your case will be. A skilled personal injury attorney can help you gather and organize the necessary evidence to build a compelling argument.

Filing your faulty equipment lawsuit in Texas

When pursuing a faulty equipment lawsuit in Texas, it’s crucial to have a qualified personal injury lawyer by your side. Here are some factors to consider when choosing the right attorney:

1. Experience: Look for a lawyer who specializes in personal injury and has experience handling product liability cases.

2. Track record: Research the lawyer’s success rate and past settlements or verdicts in similar cases.

3. Resources: Ensure that the law firm has the necessary resources to handle your case effectively, including access to expert witnesses, investigators, and medical professionals.

4. Communication: Find a lawyer who is responsive, communicates clearly, and keeps you informed throughout the legal process.

5. Contingency fee arrangement: Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win your case. This can help alleviate the financial burden of legal fees.

Schedule consultations with multiple attorneys to discuss your case and assess their expertise and fit for your needs. Choose someone you trust and feel comfortable working with, as they will be your advocate throughout the legal process.

The legal process for a faulty equipment lawsuit

To file a faulty equipment lawsuit in Texas, you must adhere to specific legal procedures. Here are the general steps involved:

1. Consult with an attorney: Seek legal advice from a personal injury lawyer who can assess the merits of your case and guide you through the process.

2. Investigation: Your attorney will conduct a thorough investigation to gather evidence, interview witnesses, and assess the strength of your case.

3. Demand letter: Your attorney may send a demand letter to the responsible party, outlining the details of your claim and the compensation you are seeking.

4. Settlement negotiations: If the responsible party is willing to negotiate a settlement, your attorney will engage in discussions to secure a fair settlement amount.

5. Filing a lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit on your behalf, initiating the formal legal process.

6. Discovery: Both parties exchange relevant information and evidence through the discovery process.

7. Pre-trial proceedings: The court may hold pre-trial conferences to address procedural matters and attempt to resolve the case without going to trial.

8. Trial: If the case proceeds to trial, both sides present their arguments and evidence to a judge or jury, who will determine liability and damages.

9. Appeals: Either party has the right to appeal the court’s decision if they believe there were legal errors or procedural irregularities.

The duration of the legal process can vary depending on the complexity of the case and whether it goes to trial. Your attorney will guide you through each stage and keep you informed about the progress of your lawsuit.

Settlements vs. trials in faulty equipment cases

In faulty equipment cases, there are two main ways to resolve a claim: through a settlement or a trial. Let’s explore the pros and cons of each:


– Pros:

– Potentially faster resolution: Settling a case can save time compared to the lengthy process of going to trial.

– Certainty of outcome: With a settlement, both parties agree on the terms and avoid the uncertainty of a trial verdict.

– Control over the outcome: You have a say in the negotiation process and can decide whether to accept or reject a settlement offer.

– Cons:

– Potentially lower compensation: The settlement amount may be lower than what you could potentially win at trial.

– Confidentiality: Settlements are typically confidential, limiting public awareness of the product defect and potential risks.


– Pros:

– Potentially higher compensation: If successful, a trial verdict can result in a higher compensation amount, including punitive damages.

– Public awareness: Trials shed light on product defects, potentially leading to changes in manufacturing practices and increased consumer safety.

– Cons:

– Longer process: Trials can be lengthy, requiring more time and resources compared to settlements.

– Uncertain outcome: The verdict is ultimately in the hands of the judge or jury, which introduces an element of unpredictability.

Choosing whether to pursue a settlement or a trial is a decision best made in consultation with your attorney. They will assess the circumstances of your case and provide guidance based on your best interests.

Conclusion and next steps

When you’ve been injured due to faulty equipment, understanding the legal process and your rights is crucial. By taking the right steps, gathering evidence, and seeking the assistance of a skilled personal injury lawyer, you can pursue an injury lawsuit and seek the compensation you deserve.

Remember, time is of the essence when it comes to faulty equipment cases in Texas. The statute of limitations imposes a two-year time limit from the date of the injury. Don’t delay in seeking legal advice and taking action to protect your rights.

If you or a loved one has been injured due to faulty equipment, don’t face the challenges alone. Consult with a personal injury attorney today to explore your legal options and secure the justice and compensation you deserve.

Take control of your future and pursue your injury lawsuit with confidence. The road to justice may be challenging, but with the right legal support, you can navigate the process and seek the resolution you deserve.

Posted by Aaron Herbert at 6:00 am

Protecting Your Rights: Why an Experienced Attorney is Essential in Amputation Cases

Friday, October 6, 2023
Amputation Cases

When it comes to amputation cases, protecting your rights is essential. Navigating the legal complexities of these cases requires the expertise of an experienced attorney who specializes in personal injury law. Whether you have suffered a traumatic injury resulting in an amputation or you are advocating for a loved one, having a skilled legal professional in your corner can make all the difference.

An amputation is a life-altering event that can result in significant physical, emotional, and financial challenges. From medical expenses and rehabilitation costs to lost wages and long-term care, the impact can be overwhelming. However, with the help of an experienced attorney, you can ensure that your rights are protected and seek the compensation you deserve.

An attorney who specializes in amputation cases has a deep understanding of the relevant laws and regulations, as well as the intricacies of the medical field. They will work tirelessly to gather evidence, consult with medical experts, and build a strong case on your behalf. Their goal is to secure a fair settlement or win a favorable verdict that provides the financial support you need for a brighter future.

Don’t face the legal battle alone. Consult with an experienced attorney who will fight for your rights and help you navigate the complex process of an amputation case.

Understanding amputation cases

Amputation cases involve the loss of a limb, either partially or completely, due to a traumatic injury or a medical condition. These cases can arise from various circumstances, including car accidents, workplace accidents, medical malpractice, and defective products. The physical, emotional, and financial impact of amputation can be devastating, making it crucial to seek legal assistance to protect your rights.

Amputations can result in a wide range of challenges, including the need for extensive medical treatment, rehabilitation, and long-term care. Additionally, individuals who have undergone amputations often face significant emotional and psychological hurdles as they adjust to their new reality. An experienced attorney can provide the support and guidance needed to navigate these challenges and ensure that your rights are protected throughout the legal process.

The importance of legal representation in amputation cases

When facing an amputation case, having an experienced attorney by your side is crucial. These complex legal proceedings require a deep understanding of the relevant laws and regulations, as well as the intricacies of the medical field. A skilled attorney will have the knowledge and resources to build a strong case on your behalf, maximizing your chances of obtaining fair compensation.

One of the primary reasons for seeking legal representation in amputation cases is to ensure that your rights are protected and upheld. An attorney will advocate for you, fighting against insurance companies and opposing legal teams to secure a favorable outcome. They will work tirelessly to gather evidence, consult with medical experts, and build a comprehensive case that highlights the impact of the amputation on your life.

Common causes of amputations and legal implications

Amputations can occur as a result of various causes, each with its own legal implications. Car accidents, for example, are a common cause of traumatic amputations. In these cases, an attorney can help determine liability and pursue compensation from the responsible party. Workplace accidents, on the other hand, may involve workers’ compensation claims and potential negligence lawsuits against employers or third parties.

Medical malpractice can also lead to amputations, particularly in cases where delayed diagnosis, surgical errors, or infections occur. In such instances, an attorney specializing in medical malpractice can investigate the circumstances surrounding the amputation and hold the responsible healthcare professionals accountable.

Defective products, such as faulty machinery or dangerous prescription drugs, can also result in amputations. In these cases, a product liability claim may be filed against the manufacturer or distributor. An experienced attorney will navigate the complexities of these cases, ensuring that all potential avenues for compensation are explored.

The role of an experienced attorney in amputation cases

An experienced attorney specializing in amputation cases plays a crucial role in helping you navigate the legal process and seek the compensation you deserve. They bring a wealth of knowledge and expertise to the table, leveraging their understanding of personal injury law, medical terminology, and the intricacies of amputation cases.

One of the primary responsibilities of an attorney in an amputation case is to gather evidence. This includes reviewing medical records, consulting with medical experts, interviewing witnesses, and reconstructing the events that led to the amputation. By meticulously collecting and analyzing evidence, an attorney can build a strong case that establishes the liability of the responsible party.

Additionally, an attorney will handle all communication and negotiations with insurance companies on your behalf. Insurance companies often try to minimize payouts or deny claims altogether, making it crucial to have a skilled negotiator on your side. An attorney will fight for your rights and ensure that you receive the compensation you need to cover medical expenses, rehabilitation costs, lost wages, and other damages resulting from the amputation.

Gathering evidence and building a strong case

In amputation cases, evidence plays a crucial role in determining liability and securing fair compensation. An experienced attorney will leave no stone unturned when it comes to gathering evidence to support your case. They will review medical records, consult with medical experts, and interview witnesses to establish a clear timeline of events and demonstrate the impact of the amputation on your life.

Medical experts play a crucial role in amputation cases, as they can provide insights into the cause of the amputation, the extent of the injuries, and the long-term consequences. An attorney will work closely with these experts to ensure that their opinions are accurately represented in your case. Their testimony can be instrumental in establishing the negligence or wrongdoing of the responsible party.

In some cases, accident reconstruction specialists may be consulted to recreate the events leading up to the amputation. This can help establish liability and strengthen your case. An attorney will leverage their network of experts and resources to gather the necessary evidence and build a compelling argument on your behalf.

Negotiating with insurance companies and handling settlements

Insurance companies play a significant role in amputation cases, as they are often responsible for providing compensation to cover medical expenses and other damages. However, insurance companies are notorious for trying to minimize payouts or deny claims altogether. This is where an experienced attorney can make a substantial difference.

An attorney will handle all communication and negotiations with insurance companies, ensuring that your rights are protected and that you receive fair compensation. They will leverage their knowledge of personal injury law, the value of amputation cases, and their negotiation skills to secure the best possible outcome for you. If a fair settlement cannot be reached, an attorney will be prepared to take your case to court and fight for your rights in front of a judge and jury.

Seeking compensation for medical expenses, lost wages, and pain and suffering

Amputations can result in significant financial burdens, including medical expenses, rehabilitation costs, and long-term care. Additionally, the loss of a limb can have a profound impact on your ability to work and earn a living. An experienced attorney will work tirelessly to seek compensation for these damages and ensure that you receive the financial support you need for a brighter future.

In an amputation case, compensation may include medical expenses, both current and future, lost wages, loss of earning capacity, rehabilitation costs, and pain and suffering. An attorney will assess the full extent of your damages and pursue the maximum compensation available under the law. They will fight for your rights and advocate for your best interests, ensuring that you are not left burdened by the financial consequences of the amputation.

The emotional and psychological impact of amputation and the attorney’s role in providing support

Amputations not only result in physical challenges but also have a profound emotional and psychological impact on individuals. Adjusting to life with a missing limb can be incredibly difficult, and the emotional toll should not be overlooked. An experienced attorney understands the holistic nature of amputation cases and can provide the support and guidance needed to navigate these challenges.

Throughout the legal process, an attorney will serve as your advocate and provide the emotional support you need. They will listen to your concerns, answer your questions, and provide reassurance during the most challenging times. Additionally, they can connect you with support groups, therapists, and other resources that can help you cope with the emotional and psychological consequences of the amputation.

Finding the right attorney for your amputation case

Finding the right attorney to handle your amputation case is crucial for the success of your claim. When searching for legal representation, consider the following factors:

1. Experience: Look for an attorney who specializes in personal injury law and has a proven track record of handling amputation cases. Experience matters when it comes to navigating the complexities of these cases and achieving favorable outcomes.

2. Expertise: Ensure that the attorney has a deep understanding of the medical field and can effectively communicate with medical experts. This knowledge is essential for building a strong case and advocating for your rights.

3. Resources: A well-equipped law firm with a network of experts and resources can significantly strengthen your case. Consider the firm’s capabilities and the support they can provide throughout the legal process.

4. Communication: Effective communication is essential when working with an attorney. Look for someone who is responsive, attentive, and willing to keep you informed every step of the way.

5. Reputation: Research the attorney’s reputation in the legal community and read reviews from past clients. A positive reputation is a good indicator of their professionalism and dedication to their clients.

Conclusion: The significance of hiring an experienced attorney in amputation cases

Amputation cases are complex legal proceedings that require the expertise of an experienced attorney. These skilled professionals will fight for your rights, navigate the legal complexities, and ensure that you receive the compensation you deserve for the physical, emotional, and financial impact of the amputation.

Don’t face the legal battle alone. Consult with an experienced attorney who will fight for your rights and help you navigate the complex process of an amputation case. With their knowledge, resources, and dedication, you can seek justice and secure a brighter future.

In conclusion, when it comes to amputation cases, an experienced attorney is essential for protecting your rights and seeking the compensation you deserve. These complex legal proceedings require deep knowledge of personal injury law, the medical field, and the intricacies of amputation cases. With their expertise, attorneys can gather evidence, negotiate with insurance companies, and build a strong case on your behalf. They understand the physical, emotional, and financial challenges of amputations and will fight for your rights throughout the legal process. If you or a loved one has experienced an amputation, don’t hesitate to consult with an experienced attorney who specializes in these cases. They will provide the support and guidance needed to navigate the complexities of the legal system and seek justice for the impact the amputation has had on your life.

Posted by Aaron Herbert at 1:33 pm

San Antonio Construction Crane Accident Attorneys

Sunday, June 12, 2022
Crane collapses and other construction accidents involving cranes can be devastating for workers on a construction project as well as for pedestrians and bystanders. When crane accidents occur due to negligence, board certified personal injury attorney Aaron A. Herbert and the team of experienced San Antonio construction crane accident attorneys at our firm will step in to hold negligent workers, contractors and property owners responsible and obtain compensation for injured workers and their families.

Improper Construction Crane Use Causes Serious Accidents On San Antonio Construction Site

Nearly twenty-five percent of construction fatalities are attributable to crane accidents. Advances in technology in the last twenty years has made construction cranes capable of moving faster, extending farther and carrying greater loads, so concerns regarding construction crane safety are more serious than ever before. All workers at a construction site and others in the vicinity are at risk of serious injury or death while a crane is in operation, particularly if a load becomes unbalanced while it is being lifted, or in the event of a crane collapse.

Causes Of Construction Crane Accidents

Construction Accident LawyerCrane accidents occur when careful attention is not paid by the crane operator, other workers on the site, or those in charge of planning and executing the operation in question. Crane accidents are often attributed to the following circumstances:
  • Crane is not set up properly
  • Planning and coordination of the construction operation is inadequate for safety
  • The crane is operated outside the safety parameters set out by the manufacturer
  • Improper maintenance, modification or negligent repair Improper maintenance, modification or negligent repair
  • The area surrounding the crane operation is congested
  • Clearances are insufficient to complete the lift
  • Pinch points are left unguarded
  • Outriggers are improperly extended
  • The crane selected for the job is inadequate considering conditions at the jobsite
  • The crane selected is inadequate for the load requirements of the jobsite
  • Power lines, fixed objects and other overhead hazards are not properly considered
  • Crane operator, site supervisor or superintendent is inexperienced or unknowledgeable about safe crane operation

Common Construction Crane Accident Injuries

There are both physical and psychological scars after a construction crane accident. Some of the most common injuries associated with construction crane accident injuries are as follows:
      • Facial Scarring and disfigurement
      • Nerve damage – paralysis and in severe cases spinal cord injury and paraplegia
      • Amputation
      • Brain injury due to trauma sustained to the head
      • Broken bones and knee ligament injuries
      • Emotional trauma – post traumatic stress (PTSD), depression, and anxiety

San Antonio Construction Attorney Board Certified In Personal Injury Trial Law

Texas board certified personal injury attorney Aaron A. Herbert and our team of highly accomplished and experienced San Antonio Construction Crane Accident Attorneys have extensive experience and a proven record of results in cases involving life-changing personal injury. We can sit down with you and discuss your options for seeking maximum compensation for the harm you or your loved one has suffered due to an the negligent operation of a construction crane or other construction accidents. Call us now for a no-cost consultation. We will fight to protect your rights, and we give you the personal attention your construction accident case deserves. Time to file is limited, so contact us now.
Posted by Aaron Herbert at 11:15 am

What Are Some Tips to Prevent Workplace Slips & Falls?

Friday, January 14, 2022
Workplace accidents are one of the most common causes of injury. This type of incident causes 15% of all accidental deaths—second only to motor vehicle accidents. The greatest number of fatal falls occurs in the construction industry, but virtually every industry has this risk. The health services and retail industries have the highest number of nonfatal slip and fall accidents. The Occupational Safety and Health Administration has rules employers must follow to prevent slips and falls, and the best way to protect yourself is to be proactive.

Pay Attention While You Walk

A second of inattention can lead to a catastrophic slip and fall accident, especially if you work from great heights or with dangerous equipment. Texting and walking, for example, can result in falling down a flight of stairs, slipping on an obvious spill, or tripping over an obstacle. Your employer has a duty to take measures to ensure employee safety and reasonably prevent hazardous situations in the workplace. However, you also have a duty to pay attention to where you are going. In Texas, the jurisdiction of modified comparative negligence means if the court finds you more than 50% at fault for a slip and fall accident, you will not receive any compensation. If you’ve been injured after falling on unsafe conditions contact a slip and fall attorney in San Antonio

Wear the Proper Equipment

Ignoring your employer’s dress code or workplace regulations will only result in your own personal injury. Rules are in place to protect you from accidents such as slips and falls. Often, a slip and fall accident results from loss of traction between the shoe and the walking surface. Wear appropriate shoes for your job, with non-slip bottoms and the right type of heel to prevent this kind of accident. If you work in the construction industry, wear the proper harness or other equipment to protect yourself in the event of a fall. The right equipment can mean the difference between life and death in a dangerous industry.

Keep Your Facility Clean

It is up to an employer to create and enforce good housekeeping practices, but as an employee, you must always strive to keep your workplace facility clean and clear of hazardous obstacles. A cluttered workplace is a trip and fall risk, where an immobile or moveable object on the ground comes in contact with a person’s foot, ankle, or shin. Keep the workplace clear of dangerous obstacles, and follow protocol when there is a spill. Mark the area clearly with a warning sign until you can clean the spill. A sloppy workplace is a recipe for disaster, especially in high-risk industries.

Report Hazardous Circumstances

If you notice anything in your workplace that stands out to you as a slip and fall hazard, report it to your employer immediately. It is your employer’s duty to remedy dangerous environmental circumstances, such as an uneven sidewalk or an icy parking lot. [RELATED: Can You Sue for Falling in a Parking Lot?] If your employer knew of the dangerous situation and did nothing to prevent a slip and fall accident, the courts would find him or her at fault. If your employer reasonably could not have known about the hazard, the case will settle differently. Notify your employer about a dangerous spill, poor lighting, obstacles in aisles or walkways, or other hazardous situations so he or she can take the proper steps to remedy the problem.

Stay Vigilant

Many slip and fall accidents are entirely preventable with the proper foresight and attention to the job activity. Do not assume your workplace is safe. Instead, be proactive about your safety and take steps to ensure you will not be the next victim of a serious slip and fall accident. If you do suffer a slip and fall injury, get in touch with a personal injury attorney right away to discuss your case and investigate your workplace.
Posted by Aaron Herbert at 12:10 pm

Are Workers’ Compensation Settlements Taxable in Texas?

Tuesday, March 24, 2020

Obtaining a workers’ compensation settlement can be a time of relief and excitement as an injured employee in Texas. With the money you need to pay off your medical bills and replace lost income finally in your account, you and your family may have peace of mind as you look toward the future. Come tax time, however, you may encounter another issue – determining whether your workers’ compensation settlement is taxable.

In General, Workers’ Comp Settlements Are Not Taxable

For the most part, you will not have to list workers’ compensation settlement money as income when filing your taxes. You will typically not have to pay taxes on a workers’ compensation settlement at the state or federal level in Texas. Texas law does not deem compensatory damages awarded for bodily injuries – including workers’ compensation settlements – as taxable income, with a few exceptions.
When an insurance company gives an employee compensation for an occupational injury or illness under Texas’ workers’ compensation statute, the amount received is nontaxable. The same is true for a surviving family member who receives workers’ compensation benefits for the death of a loved one on the job. Workers’ compensation settlements are also tax-exempt under federal law.

Exceptions to the Rule

If you also qualify for Social Security benefits, however, such as supplemental income or disability compensation, you may have to pay taxes on a portion of your workers’ comp settlement. The government will reduce your benefits from the Social Security system. The difference your workers’ compensation check creates will be taxable. The taxable amount is typically small, however.
You may have to pay taxes if you add half of your Social Security benefits to your other income and the amount comes to more than $25,000 for a single tax filer, $32,000 for a married tax filer or $0 for a couple that is married filing separately who lived together during the year. In these situations, the federal government will require you to pay taxes on the full amount of your Social Security income, even if your workers’ compensation settlement reduced your benefits.

Parts of a Personal Injury Settlement Are Taxable

Texas is the only state that does not have a law requiring workers’ compensation insurance. If you resolve your workplace injury claim through another outlet, such as a civil lawsuit, you may have to pay federal taxes on part of the award received. In general, you will have to pay taxes on any portion of your settlement or jury verdict given as punitive damages, but not bodily injuries or physical sickness compensation.
Any financial recovery you obtain for medical bills is nontaxable unless you deducted what you spent in medical care in the previous year. You cannot list medical payments as a deduction one year and then keep 100% of the money won in a settlement without paying taxes on it in another year. Any money you receive for pain and suffering will also be nontaxable as long as you also recover compensation for physical injuries. A settlement for emotional distress only will be subject to taxation under federal law. A personal injury lawyer can help you structure the settlement or verdict received through a civil lawsuit in a way that minimizes your tax responsibility.

How a Lawyer Can Help

The information here is not legal advice. Each injured worker’s situation is unique. It is critical to contact a Texas workers’ compensation attorney who can give you legal advice as to the taxation of your settlement award. Otherwise, you could end up keeping money you lawfully owe the Internal Revenue Service (IRS). Getting into debt with the IRS could lead to serious penalties such as late fees, fines and even tax fraud charges. Work with a lawyer during your workers’ compensation claim from the beginning to make sure you obey relevant tax laws and understand which portion of your settlement might be taxable.

Posted by Aaron Herbert at 11:03 am

4 Common Injuries at the Office

Monday, August 26, 2019

When you imagine workplace accidents, you may picture construction sites, manufacturing plants or the commercial trucking industry. You may not immediately think about your own workplace – the office. Yet an office can pose as many health risks and safety hazards to workers as a more dangerous workplace. A slip-and-fall accident, fall down the stairs, elevator accident, repetitive motions or acts of violence from a coworker could lead to life-altering personal injuries. You may be eligible for compensation if you suffer an injury at the office in Dallas.

Fall Injuries

Falls kill more construction workers than any other hazard each year, according to Occupational Safety and Health Administration data. In 2017, 381 construction workers died in fatal fall accidents in the U.S. Construction sites are not the only places where falls occur, however. Falls are also the most common injury-related accident in the office. An office space could have many fall hazards waiting to cause serious injuries.

  • Poor lighting
  • Loose carpets
  • Electrical cords or computer wires
  • Slippery surfaces
  • Food debris in the kitchen
  • Dangerous staircases
  • Unstable chairs
  • Cluttered walkways
  • An open filing cabinet or desk drawers

Fall accidents in the office can cause sprained wrists and ankles, pulled muscles, bone fractures, head injuries, lacerations and traumatic brain damage. A bad fall could put you out of commission for weeks or months. During this time, you may lose wages and miss important opportunities for raises or promotions. You may also face expensive medical bills for your fall-related injury treatments.

Soft Tissue Injuries

Soft tissue and repetitive motion injuries are also common in U.S. offices. Office jobs that require a great deal of sitting, typing, lifting, moving boxes or straining to reach items could lead to many worker injuries. Muscle sprains and strains are common, especially in the back and neck. Carpal tunnel syndrome is also common among office workers and people who work on assembly lines. Carpal tunnel affects the arms, wrists and hands and may require surgery to treat.

Object-Related Injuries

There might not be as many tools or materials flying through the air as at some workplaces, but the office can still pose a threat of objects striking or injuring workers. Look out for items sitting precariously on shelves or cabinet tops that could fall and strike sitting workers. Always be aware of the space you are in to avoid running into desks, chairs, tables, cabinets and other office furniture. Take care not to slam your fingers in a desk drawer, get jewelry caught in a paper shredder or topple unbalanced cabinets. These incidents could cause painful and temporarily debilitating injuries.

Violent Injuries

Surprisingly, acts of violence are a common cause of injuries in the workplace. Workplace violence can involve discrimination, harassment, assault, sexual assault, threats, intimidation and disruptive behaviors. Assaults at work could cause serious wounds such as gunshots or stabbings. You may be able to file a civil claim against your attacker during an ongoing criminal investigation or trial in Texas.

Can You Seek Legal Help?

Texas is unique in that it does not make workers’ compensation insurance mandatory for employers. Although some employers in Texas have workers’ compensation, others do not. For this reason, it is wise to seek legal help after an office injury in Texas. Your boss may not have workers’ compensation insurance, leaving you with limited options for financial recovery.
If your employer could have prevented your accident, you may have grounds for a civil action against the company. An insurance claim or personal injury lawsuit could result in payment for your hospital bills, long-term health care costs, disability, lost wages and more. You may also have grounds for a claim against an office product manufacturer for an unstable or defective item. Hiring a Dallas personal attorney after an office injury could help you recover fair compensation for your damages.

Posted by Aaron Herbert at 2:20 pm

How to Stay Safe in Extreme Heat

Tuesday, April 10, 2018

Spring is on the horizon, which means sweltering temperatures will once more prevail in the Texas area. Extreme heat can be dangerous, especially to populations such as young children and the elderly. Prolonged exposure to hot temperature can cause dehydration, fatigue, and a deadly condition called heat stroke. Fortunately, there are a few simple steps you can take to stay safe, even on the hottest of Texas spring and summer days:

Drink Up

One of the simplest ways to reduce your risk of heat stroke is by drinking plenty of water. Aim for at least 64 ounces a day – the equivalent of eight glasses. If you work outdoors, you might need more to replace the fluids you lose through perspiration. Electrolyte drinks such as Gatorade can also help replace important nutrients you may lose working outside.
Fluids are important; but so is their quality. Avoid sugar-laden sodas and other beverages with caffeine. These drinks act as diuretics and cause you to lose water, not replace it. Stick to refreshing iced water and consider adding a lemon or other fresh fruit for taste if desired.

Take Breaks

If you work outside, try to schedule most of your activities for the cooler times of day. Temperatures are generally hottest between 10 am and 4 pm, so try to complete any outdoor work in the early morning or evening hours.
If you must work during the hottest part of the day, seek shade whenever possible. Use umbrellas, canopies, or any other device that can limit your exposure to the sun. Wear clothing with UV protection if possible and load up on the heavy-duty sunblock.

Know the Signs of Heat-Related Illness

There are several kinds of heat-related illness that can lead to dangerous consequences. Here are some of the most common:

  • Heat rash. This is skin irritation that’s triggered by sweating. You may have heat rash if you notice red clusters of blisters on your body. Though not life threatening, heat rash can be uncomfortable and is a sure sign that you need a break from the heat.
  • Heat cramps. These are painful cramps that result from imbalanced electrolytes, usually due to excessive sweating. You may notice pain or spasms in the arms, legs, or abdomen.
  • Heat exhaustion. This heat-related condition is your body’s response to dehydration. You may notice weakness or fatigue, dizziness, difficulty concentrating, muscle cramps, flushed skin, excessive sweating, or clamminess.
  • Heat stroke. The most serious of the heat-related illnesses, a heat stroke occurs when the body stops sweating and your internal body temperature rises. Symptoms include redness in the absence of sweating, a rapid pulse, chills, slurred speech, mental confusion, and a high body temperature. This is a life-threatening emergency that requires immediate medical attention.

If you notice any signs of heat-related illness, stop what you’re doing and go indoors. Drink cool water, but not too fast. If you or someone you know exhibits signs of heat stroke, call emergency medical services, or take them to the nearest emergency room.
If you routinely work in extreme heat, pace yourself. Take frequent breaks, seek shade, and drink plenty of water and other electrolyte-balancing fluids. Avoid sugary liquids and carbonated drinks. Wear light reflective clothing with SPF protection if possible and be aware of any signs of heat-related illness. Do whatever it takes to avoid being in direct sun for prolonged periods of time.
The Texas summer swelter will be here before you know it. Working in our extreme heat can be dangerous, but there are a few simple ways you can enhance your safety. Follow these tips for a safe and healthy summer.

Posted by Aaron Herbert at 10:32 am

What Is Third-Party Liability?

Monday, February 12, 2018
Receiving compensation for your injuries after an injury on the job may simply require reporting the accident to your employer and immediately seeking medical treatment. This procedure doesn’t always award you with adequate financial support or address issues of third-party liability in your accident. In San Antonio, the attorneys of Aaron A. Herbert, P.C., have the experience to evaluate when your claim may involve third-party liability and the expertise to pursue a claim so you can receive your due compensation.

Workers’ Compensation Claims

The most typical third-party liability claims result from complex workers’ compensation cases. In a typical workers’ compensation claim, there is no need to determine or establish who was at fault in the accident. Even if you were primarily responsible for the accident that resulted in your injury, worker’s compensation will provide for medical expenses and missed wages due to lost time at work. Insurers call these no-fault claims because they pay the claim regardless of fault in the accident. The advantage to the worker is that he or she receives money from their claims faster. An insurer won’t deny a claim simply because the worker may have been responsible for contributing to his or her own injury. There are drawbacks, though. There are limits to the amount of compensation most workers’ compensation policies pay. In many cases, your injury-related expenses may exceed what you are able to receive from workers’ compensation, or you may have been able to receive more if you were to pursue compensation through more traditional personal injury cases. Employers in Texas may opt to forego purchasing workers’ compensation insurance. In these cases, the damages you can claim are greater, but you must prove fault in a claim in order to collect compensation. Even in such cases, you may not be able to collect the total amount of damages a labile party owes you if the business is small or does not have the resources to pay for an expensive claim.

What Is a Third-Party Liability Claim?

There two parties in an ordinary workers’ compensation claim: the employee and the employer. The workers’ compensation insurance steps in to cover the expenses for the employer. However, in some cases, there may be someone else responsible for the accident unrelated to the employer or employee. This is when a third-party claim may arise. In a third-party liability claim, the injured employee may pursue compensation from the third party that was responsible for the accident and injury. For example, if you are driving for your job and suffer an injury in a car accident that a driver caused when he or she ran a red light, you qualify for workers’ compensation. You also may be able to seek compensation from the at-fault driver. Other examples include injuries someone suffers as a result of defective equipment, in which the manufacturer might be the third party, or an injury suffered on the premises of another business you were visiting for work.

Why Pursue a Third-Party Liability Claim?

Worker’s compensation insurance typically pays only economic damages. That is, the policy covers medical expenses, lost wages, and costs for rehabilitation to return to work, but no other compensation. If a third party was responsible for your injury, you may pursue compensation for pain and suffering, and even mental and emotional distress suffered as a result of the injury. You may pursue damages owing to disfigurement if you have sustained substantial scarring or other unsightly reminders of your injury. Third-party liability claims require proof the third party was at fault in causing your injury. Even if you were partially responsible for causing the accident, you still may be able to claim compensation for your injuries.
Posted by at 10:45 pm

What Are Some of the Most Common Injuries for Oil and Gas Employees?

Tuesday, February 14, 2017
Employees get injured on the job every day. According to the Bureau of Labor Statistics, there were nearly 3 million workplace-related illnesses and injuries reported in 2015, or a rate of 3 cases per 100,000 employees. Some jobs are naturally more hazardous than others, and the oil and gas industry is one of the nation’s most dangerous. The same report found that the rate of injury and illness among oil and gas workers was five times that of the general worker population, or 15 reported cases per 100,000. The Bureau of Labor Statistics reported 142 deaths in the oil industry in 2015, a 27% increase from the previous year.

What Are the Most Common Workplace Injuries?

Oil workers are prone to all manner of injury, due to the natural hazards of the job. But the most common types of injury are not what you might think. Here are the highlights:
  1. Driving Is the Most Dangerous Job in the Oil Industry
Most oil workers are not killed in the field or on the rig itself, but on the highway. Over 300 oil and gas workers have been killed on the road in the past decade. One of them was Timothy Roth, who boarded a truck after a 17 hour shift with three coworkers to begin the long 4 hour commute home to West Virginia. Just ten minutes into their journey, the driver fell asleep, crashing the vehicle and killing Mr. Roth. Stories like these are not uncommon, as workers are expected to pull long shifts hours away from their homes. Oil field employees are not subject to the regulations that keep truck drivers from working long shifts on the road, which pressures employees to make long commutes home after shifts that can be 20 hours or longer.
  1. Machine-Related Injuries
Oil companies use heavy machinery and hazardous equipment, which leads to workplace injury. Derricks, heavy lifts, hoists, drillers, and loading and unloading materials can all cause trauma or crush injuries. Additionally, machines used in drilling are loud and can cause hearing loss or even loss of balance when they disturb the inner ear. Operators must wear appropriate protective gear, such as earplugs and gloves while operating equipment. Unfortunately, combining the hazardous equipment with long shifts and worker fatigue can be a recipe for disaster. Workers can suffer crush injury, dismemberment, or even death from being caught in pumps and compressors. Oil companies have a duty to follow OSHA regulations to minimize the risk of these types of injuries by checking their equipment often and making sure employees have proper safety gear and breaks.
  1. Illness From Chemical Exposure
Chemical exposure is common in the oil fields. The processes involved in drilling can release noxious chemicals into the work area. Most notably, oil refineries can release hydrofluoric acid, which can scar lungs and cause death by asphyxiation. It’s so noxious that it can permeate the skin and react with calcium deep within our bones. Prolonged exposure to other chemicals in refineries and wells can lead to respiratory problems, brain injury, paralysis, leukemia, and other kinds of cancer. In the short term, workers who are exposed to oil industry chemicals report headache, nausea, fatigues, eye irritation, and chemical burns. It’s essential to wear proper protection and respiratory masks when working both on the rig and in the refinery. Oil workers can also be killed in fires and explosions, as oil is filled with highly combustible gasses. These accidents can happen with little warning, and are hard to prevent (though they are relatively rare). Employers must have a proper fire prevention plan in place, and take every precaution necessary to avoid a tragedy.
Posted by at 5:20 pm

What You Should Do After a Workplace Accident in Dallas

Tuesday, August 2, 2016

Many workplaces in Texas are hazardous for employees. Even a job that seems safe, such as an office job, can be the setting of a serious accident. Slip and falls, electrocutions, staircase accidents, transportation accidents, equipment-related accidents, and other disasters can cause painful and debilitating worker injuries. If you get injured in an accident at work in Dallas, learn what to do to protect your legal rights. Your best course of action after starting medical treatment is to work with a work injury lawyer to fully understand your rights and get the best possible outcome for your claim.

Report the Accident

First, report your accident to a supervisor, manager or your employer. Do this immediately, if possible. Tell the manager what happened and request an official accident report. Write down your version of events while the accident is still fresh in your mind for your own records. It is important to report the accident to your employer within at least 30 days to maintain your eligibility for workers’ compensation insurance.

Take Photos

Am I Covered By Worker's Compensation?

If you can, gather information about the workplace accident from the very beginning. Take photographs of the scene of the accident before you leave, making sure to get pictures of the hazard that caused your injury. Write down the names of any eyewitnesses and the person you spoke with when reporting the accident. Ask for a copy of the accident report. If your workplace has video cameras, ask for a copy of the surveillance footage.

Go to the Hospital

Go to a hospital right away. Prompt medical care for your workplace injury can show an insurance company that you did your part to mitigate your losses. Going to a hospital immediately is often a requirement to qualify for workers’ compensation insurance. It can also help you recover from your injuries. Even if you don’t think you’re injured, go to a hospital for a checkup. You may have an injury with hidden or delayed symptoms that require medical treatment.
In an emergency, you can go to the closest hospital or a health care center of your choosing in Dallas. If it is not an emergency, however, you must go to an approved doctor. If your employer has workers’ compensation insurance and you plan on filing a claim, ask for the list of approved doctors. Schedule an appointment with one of these medical providers to be eligible for financial compensation through workers’ comp.

File a Workers’ Compensation Claim

After a workplace accident in Dallas, ask your employer if they provide workers’ comp insurance. Not all employers in Texas have to carry it. It is often up to the employer whether or not to offer this insurance. Through the workers’ comp system, you can receive compensation even if no one else caused your accident. You do not have to prove fault.
If you’re interested in filing a workers’ compensation claim, your employer will help you fill out the paperwork. You will need to describe the accident and your injuries, as well as provide supporting evidence, such as copies of your medical records. Then, your employer will submit the document to the Division of Workers’ compensation for you. If your claim is accepted, you can receive payment for 100 percent of your medical bills and about 67 percent of your related lost wages, as well as disability benefits.

Consult With a Workplace Accident Attorney

In general, filing a personal injury lawsuit is not allowed after you accept a workers’ compensation insurance settlement. In exchange for receiving no-fault benefits, you give up the right to file a lawsuit against your employer. If a third party caused your workplace accident, however, such as a coworker, contractor or product manufacturer, you may be able to recover through both the workers’ comp system and a personal injury lawsuit in Texas.
You may also have to file a lawsuit for compensation if your employer does not carry workers’ compensation insurance. Consult with an attorney to discuss all of your options after an accident in Dallas.

Posted by Aaron Herbert at 11:24 am

College Campus Accident Claims: Are They Different?

Friday, January 15, 2016
Lawsuits for accidents that occur at colleges can be very different from those at other establishments, depending on the circumstances. There are many considerations that determine how a lawsuit stemming from a campus accident will proceed; however, you do still have legal options if and when you pursue a claim.

Holding Public Schools Liable

State run schools, including colleges, universities, and technical institutions, sometimes fall under the category of sovereign immunity as other government agencies do. In Texas, you can only sue a state school if the state decides you’re allowed to do so. This extends to all forms of lawsuits, including personal injury claims. Depending on the situation, you may win the legislature’s approval and proceed with a lawsuit against the school. The state has the right to disallow petty lawsuits but may grant them in serious personal injury cases.

Holding Private Schools Liable

Private schools may or may not be under the protection of the state when it comes to personal injury lawsuits. A private school that falls under the category of “charitable institution” may be protected under the same sovereign immunity rule as public schools. If the injury occurred during the normal course of work and in a reasonable manner, you may not be able to present a lawsuit against the private institution. Some for profit establishments, however, may not fall under this category and can be sued as any other business entity would be. In business injury cases, you may hold each organization responsible for unreasonable situations that lead to harm under the concept of premise liability attorney in San Antonio.

Other Parties You May Sue

Depending on the case, you can hold other individuals liable after an accident on campus. Going to a college or other post-graduate institution doesn’t protect other students or visitors from legal action. In addition to people not associated with the institution, you may have the opportunity to look into 3rd parties, such as contracted foodservice companies, vehicle manufacturers, and others that may not fall under the umbrella of sovereign immunity. You may also hold more than one party accountable in a lawsuit. For instance, if you were injured by a drunk driver on campus, you may be able to hold both the school and the driver responsible for resulting injuries. The facility has a responsibility to provide reasonable protection for individuals on it.

You Need an Experienced Attorney to Bring a Lawsuit Against a College in Texas

If you decide to take legal action against a college in Texas or any other state or private institution, you’ll need the assistance of an attorney who understands Texas sovereign immunity laws. These cases are often more difficult than general personal injury claims and require an added level of expertise to determine who you can file against and the best strategy to do so. Schools may tell individuals injured on campuses they have no liability over the injury. Depending on the case, this may or may not be true, and we can help you make that determination. Even if the school doesn’t have liability, you may still have the option to file a lawsuit against another party involved in the accident. The medical bills and pain and suffering caused by an on-campus accident can add up quickly, and it may affect your ability to continue studying. Those who don’t have medical insurance may find the situation particularly difficult to handle. However, you’ll always have a legal outlet. Our team can help you obtain fair compensation so you can move on after a campus accident.


For more information, contact The Law Firm of Aaron A. Herbert, P.C. today.
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