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Electrical Accidents

Posted by on Oct 1, 2015 in Injury | 0 comments

Those who have suffered serious injuries or even death due to electrical accidents from broken high voltage power lines can file a personal injury or wrongful death claim against a number of government agencies. This is because these accidents are often preventable, and generally they are caused by poor maintenance or defective repairs. It is common for construction workers to be victims of electrocution, but anyone can be injured by electric shocks from falling power lines. It is therefore important for everyone to understand how to proceed should they consider suing a government agency following serious injuries or death of a loved one.

Initially, it is the power companies’ responsibility to inspect, maintain, and protect the power lines from causing accidents. If these power lines caused victims serious injuries, it is important to hire personal injury lawyers to help with gathering evidence and have legal representation in court. Aside from power companies, other parties that can be sued are electrical engineers, construction companies, building code inspectors, and government agencies. According to the website of Houston lawyer Ali Mokaram, government agencies generally have immunity from lawsuits, but sometimes they allow themselves to go to court.

In order to have a successful personal injury lawsuit against a government agency, an experienced lawyer should be present to guide you along the legal process. These types of cases are unique in itself and can come with intricate legal disputes. Aside from shorter statute of limitations, government agencies only allow lawsuits against them under specific restrictions, such as the municipality having purchased insurance meant for such lawsuits or if the accident was due to gross negligence. Despite varying rules between states regarding circumstances under which a victim can sue the government agency, but the rules within the state generally don’t vary. As with personal injury claims, evidence of negligence or recklessness, along with other proof such as police and witness reports, photographs, and victim’s testimony can give more weight to the lawsuit and ensure the success of the claim.

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The Workers’ Comp – Not the Only Source of Compensation in some States

Posted by on Jun 29, 2015 in Injury, Workplace Accidents | 0 comments

Where job-related accidents are the issue, discussion is often focused on construction workers, whose job is always open to the worst kinds of risks. Personal injury lawyers may point out that this is because of the dangerous tools, heavy equipment and, sometimes, hazardous chemicals that they are regularly exposed to; add to these the altitudes (often rising to more than 10 floors) that construction workers need to ascend to be able to perform their task.

Before the turn, and during the early part, of the 20th century, construction workers who got injured while performing their job bore the consequences of their misfortune without assistance from their employer. Employers during those times were often saved from being held accountable for their workers’ injuries by reasoning out that danger is associated with the work and that the workers accepted the job despite knowledge of these dangers.

Thus, for the sole purpose of seeking financial assistance, at least to be able to afford the required medical treatment, workers had to file a lawsuit against their employer, a lawsuit, however, that workers usually lost. A lost lawsuit, though, was not the only effect of workers’ legal move – with it was the destruction of the relationship between the worker and his employer.

This predicament of workers made the government see the need for the passing of a law that will mandate employers to provide assistance to workers who get injured in the job: the Workers’ Compensation Insurance benefit, a federal mandate that was intended to provide workers, who sustain work-related injuries or who develop a work-related illness, financial assistance that will cover medical treatment and lost wages among others.

To further promote the wellbeing of workers another law was passed in 1970: the Occupational Safety and Health Act or OSH Act, which gave rise to the establishment of the Occupational Safety and Health Administration (OSHA) the following year.

OSHA’s task was to enforce the mandates of OSH Act, which was the creation and maintenance of a workplace that was safe and healthy, where employees will be able to work without fear or worry of suffering an accident.

Currently, despite OSH Act’s mandate and the existence of other laws (including state laws) that promote safety in the workplace, accidents still happen and workers still get injured. New York construction accident lawyers may quickly note that their state, there are laws that allow workers to file a lawsuit against general contractors, property owners or machinery manufacturers who fail to ensure safety on construction sites or the safety of equipment used.

Many employers, contractors or manufacturers of construction equipment, however, are not eager about fulfilling their responsibility towards injured workers when it comes to paying them additional compensation.

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Driver Error – Cause of Many Injuries and Deaths

Posted by on Jun 27, 2015 in Injury | 0 comments

From 2005 to 2007 driver error accounted for 93% of the total number of car crashes, making it the leading cause of accidents on US roads and highways, according to the National Motor Vehicle Crash Causation Survey (NMVCCS).

Once behind the wheel there are so many things that a driver may do, or fail to do, that can compromise his or her safety and safety of other motorists and pedestrians. According to the website of Habush Habush & Rottier S.C. ®, these are called driver errors and these can happen through so many (often unnoticeable) ways, such as:

  • Distractions behind the wheel (due to use electronic devices, like a cell phone, whether handset or hands-free, a GPS, radio, a movie player, etc. Eating, conversing with a passenger, looking at a map, applying makeup, and so forth, are also considered as forms of driving distractions
  • Speeding, driving too slowly or driving too fast for conditions
  • Risky behavior, like trying to beat a red light
  • Tailgating, which is both illegal and a sign of aggressive driving behavior
  • Driving under the influence
  • Not wearing a seatbelt
  • Drowsy driving
  • Right-of-way errors/violations or failure to yield (especially at four way stops)
  • Improper lane changing
  • Improper turning
  • Improper overtaking and unsafe passing (which can result to sideswipes, head-on collision, and running off the road)

While errors in driving can be committed by anyone, many studies, including one from the Insurance Institute for Highway Safety, state that teen drivers are the ones most prone to it. Teens are about four times more likely than older adults to make mistakes on the road. A personal injury lawyer may point out that their likelihood to commit these errors is usually due to distracted driving, lack of experience in dealing with emergency road situations, and an inclination to show off.

Every year, car accidents claim more than 35,000 lives and cause injury to about two million individuals. A serious injury, much more death, can change the lives of the families of the victims forever. According to the website of Spiros Law, P.C., victims have a right to file civil lawsuit that may allow them to pursue financial compensation for the damages, injuries and all other consequences of the accident.

Indeed, seeking compensation is a legal right of victims and their families – this is one very important legal fact that accident victims need to know, especially if the accident was a result of someone else’s negligence, carelessness or risky behavior.

Filing a civil lawsuit and fighting for the victim’s rights are not too simple, though. While there are those who choose to go into legal battle without legal representation, hoping that what they believe is obvious will also be viewed by the court as such, there are many more who decide to use legal help.

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