Category: Work Injury

A Corpus Christi Work Injury Lawyer Lays Down Everything You Need To Understand About Workplace Accidents

All You Need To Know About Workplace Injuries With A Corpus Christi Work Injury Lawyer

In the state of Texas, an employer has a responsibility to provide a secure work environment for staff members. This can include providing elements such as proper equipment, adequate training, and sufficient personnel for the occupation. The majority of employers in Texas provide workers with compensation insurance providing money for coverage of medical bills and lost wages should the worker be injured. Employers using these compensation insurance packages are known as subscribers. Make sure to check out the Law Office Of Jerry J. Trevino.

Injured While On The Job

Other employers may opt to forgo provision of workers with workers compensation coverage and these employers are known as nonsubscribers. Typically, if a staff member is injured while on the job, the company using workers compensation insurance packages place the treatment of the employee’s injury against the company; however, this will be restricted to the worker’s compensation benefits. This is beneficial because it helps the worker pay medical bills, but it is disadvantageous because of the pain-and-suffering element and the disability payment is pitiful. To see whether you have a case, click here.

Nonsubscribers Of Workers Compensation Program

Texas employers who are nonsubscribers regarding the worker’s compensation program take risks because if a staff member is injured at work he or she has the legal right to sue the employer for workplace negligence, as well as causing the injuries or damages. In some cases, having the legal right to pursue an employer and collect from the company for serious injuries can be different items as it is rare that on-the-job injuries are caused exclusively by the employer covered by insurance instead of workers compensation.

Third-Part Claims in A Workplace Accident

One issue that needs to be considered when evaluating a serious workplace accident is the potential for third-party claims. Third-party claims can arise when the workplace injury is a result of the negligence of fault of another party other than employees or the employer. For example, on a construction site where an accident is caused, the accident may be a result of a third-party contractor or a situation where a dangerous product was accessed. In these cases, the third-party claim will result in companies sharing responsibility for causing the injured party harm. It is essential for serious injuries that the injured party discover immediately whether or not the worker has workers compensation insurance coverage or if other companies are responsible for the accident. This information can be crucial in deciding the different solutions and alternatives available to a victim of a workplace accident.

Legal Analysis

The majority of construction site accidents tend to include several contractors, entities, and people who control work being done during construction. The work site is highly significant as a factor for legal analysis after an on-the-job injury claim. OSHA regularly investigates different serious injuries or fatalities occurring at workspaces; however, OSHA will often allow companies guilty of safety violations resulting in accidents to enter plea agreements that are inadmissible in these types of civil cases. While doing this is a disservice to the Corpus Christi work injury lawyer and the injured party’s family, it is potentially the best method to analyze a crime scene given the inadequate amount of funds provided to the OSHA. Worker safety is a factor that needs to be a priority for all employers and employees, particularly with the different entities regulating staff security in the state of Texas.

Meet our wrongful death attorney in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles

A Corpus Christi Personal Injury Lawyer Speaks On Construction Site Accidents

Construction Site Injuries & Accidents Caused By Falling Objects

Construction site injuries are common. These injuries, which can not only affect workers but also people visiting the site or passing by, are often caused by falling objects. While there are many different ways that people could get injured on a typical job site, being struck by items falling from above is one of the most common scenarios. Unfortunately, these types of accidents often lead to serious injuries or death. Although many different types of items can fall from above at a construction site, some of the most common include tools, loads that are improperly secured on cranes or lifts, and loose building materials.

Injuries To Construction Workers

Construction workers spend a lot of time at the job site. It is no wonder, then, that they are the ones most commonly affected by falling objects. The Occupational Safety and Health Administration (OSHA) published statistics showing that 1/5 of worker deaths in 2013 happened in the construction industry. According to OSHA, the top four ways that construction workers were killed include the following:

  • Being electrocuted
  • Being crushed between objects
  • Falling
  • Being struck by falling items

10% of the construction workers who died on the job in 2013 were killed after being struck by an object falling from above. 78 workers lost their lives to falling objects and falling debris in 2012. In 2013, that number rose to 84 construction workers. If you are wondering whether you have a case, check out our site.

Pedestrian Injuries

Construction workers aren’t the only ones who can be struck by falling objects. People walking by construction sites often become victims when items fall from above. These accidents are common in the following situations:

  1. There is a sidewalk located directly next to or in front of the construction site.
  2. There are inadequate barricades to keep pedestrians from getting too close to where the work is being performed.
  3. Pedestrians make their way onto job sites in the evenings or on weekends when no one is around.
  4. Building inspectors visiting the site don’t protect themselves with the proper gear before touring the site.

Places Where Construction Site Accidents Can Occur Due To Falling Objects

Most construction site owners erect barriers or put tape up around dangerous areas, warning people to stay away. For pedestrians, a good rule of thumb is to cross the street whenever possible to avoid walking directly next to a construction site.

  • High-Rise Buildings

When skyscrapers or high-rise buildings are under construction, most of the work is done up high above the ground. Oftentimes, tools, building materials, debris, and other objects can fall from great heights, posing a serious threat to anyone on the ground. Wind can also contribute to the problem, causing objects to fall.

  • Sidewalks Next To Construction Sites

When a sidewalk passes directly next to a construction site, it is often covered by scaffolding or a wooden structure that is designed to keep objects from striking pedestrians. Uncovered sidewalks, however, can still pose a major danger.

  • Buildings That Are Being Renovated

When older buildings are renovated, work often needs to be done on the upper levels of the building. This can pose a danger to anyone standing down on the ground. Anything that is dropped from a great height can cause serious injuries or death.

Safety Measures That Can Help Prevent Injuries From Falling Objects In Construction Sites

Contractors, construction companies, and site owners are all responsible for creating a safe environment for workers and pedestrians. Failing to take the proper safety measures can leave a company liable if anyone is injured, resulting in the need for a construction accidents lawyer. Here are some of the steps that construction companies can take to help prevent injuries from falling objects:

  • Placing barriers around dangerous areas.
  • Verifying that all equipment is in good working order.
  • Placing warning signs prominently around the construction site.
  • Making sure all objects and tools are properly secured.
  • Using netting or scaffolding to provide protection from items falling from overhead.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.

A Personal Injury Lawyer In Corpus Christi Explains What To Do If You Are Involved In A Slip And Fall Accident

A Personal Injury Lawyer In Corpus Christi Explains What To Do If You Are Involved In A Slip And Fall Accident

Slip and fall injuries are common occurrences. Every year there are thousands of claims that are made. Victims often suffer life-altering, serious injuries or even wrongful death in some cases. Catastrophic results are often caused by such things as construction site defects, wet floors, and unlit stairwells. It is essential to know what you should do in case a slip and fall accident occurs, You should consult with a Corpus Christi personal injury lawyer in order to determine whether or not you are owed any damages due to the negligence of a business or property owner. If a loved one or yourself has been involved in a slip and fall injury and you aren’t sure what to do or have unanswered questions, then contact us or give us a call today at (361) 882-5605.

General Information About A Slip & Fall Work Injury

When it comes to slip and fall accident, there are many different kinds including shower and bathtub falls, sidewalk falls, parking ramp falls, falling from a balcony or terrace, stairway accidents, and slippery surface falls, among others. Property owners are responsible for keeping their properties in a safe condition for anyone who is invited onto their properties. If it can be proved that a property owner has been negligent or was aware or should have been aware of a defective or dangerous condition that was the cause of a slip and fall accident, then you can be compensated for the injuries you have incurred. Each slip and fall accident is different, so that is why you should hire an experienced and skilled slip and fall attorney.

Did The Property Owner Use Reasonable Care To Prevent Personal Injuries?

Was common sense used by the property owner? Was there anything that was dangerous that the property owner should have been aware of? Was reasonable are used by the property owner in order to keep their property safe? Answers to those questions will definitely be considered by a jury and judge. If a property owner is careful about keeping their property clean and safe, then most likely they will have demonstrated “reasonable” care. The following are some of the initial questions that you can ask to help you determine whether or not a business or property owner might be liable for the injuries you have sustained:

  • Did you slip in an area that was wet or trip over an uneven or broken part of floor or carpet? If so, did this dangerous condition exist for a long enough period of time that the owner should have been aware of it?
  • Have any accidents occurred there in the past?
  • Is there an established schedule for regular repair, cleaning, and maintenance of the property? If so, does the owner have proof that this regular maintenance has been done?
  • If you slipped on or tripped over something that was left or placed on the ground, were there any good reasons for this item to be there? If so, but the reason was no longer valid, could that object have been covered, removed, or been made safe in some other way?
  • Could the object have been located in a safer place?
  • Could a barrier been put up to warn individuals of potential dangers?
  • Was there any broken or poor lighting that contributed to your accident?

If you answered yes to any of these questions, you might have a valid compensation claim. However, you need to keep in mind that you also need to consider whether or not the actions that you took contributed to the accident as well. If you are wondering whether you have a case, check out our website for more information. 

Collecting Evidence Of Your Slip And Fall Work Injury

We recommend that you take the following steps whenever possible:

  • Photographs. Take photos of the accident scene, your shoes, and clothing, any scrapes, cuts, or bruises, or any required casts or stitches to document your injuries.
  • Accident Report. If your injuries are suffered inside of a store, whether it is a grocery store or department store, be sure that an accident report is filed. Ask to speak to the manager. Your version of what took place during the accident will be documented by the manager. This will be very valuable in representing your injuries. Be sure to obtain a copy of your accident report before leaving the store if possible.
  • Evidence. It is strongly recommended that you save any items that might have caused your fall. If you, for example, you tripped over a vegetable or piece of fruit, then put into a plastic bag and place it in your freezer. It is also a good idea to safeguard whatever shoes you had on when you fell. You can put them inside of a plastic bag and then taped shut so that any matter that is stuck on your shoes is preserved.

If you cannot obtain statements or take photos, an attorney from the Law Office of Jerry J. Trevino can obtain as much of this information as possible. Just keep in mind that it is a lot more difficult to obtain information house or even days, weeks and months after your injuries have started to heal and the accident scene is cleaned up. Although your injuries will be documented in your medical records, statements and photos will prove very valuable when they can be presented to a jury.

Falling Down Stairs – Personal Injury

Our personal injury attorneys have had numerous accident cases that were caused by broken or defective stairs. Property owners are responsible for ensuring that all steps have the exact same depth and rise and have visible edges. Stairs also must be kept free of obstacles and debris that can cause accidents. A property owner also has the responsibility for ensuring all stairwells have sturdy handrails and are well lit. All of us are responsible to watch and be careful where we are going. A property owner, however, must show reasonable care.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.

A Corpus Christi Attorney Says Pictures Are Used As Evidence After A Workplace Injury

The Importance In Taking Photos Of A Falling Accident Or Workplace Injury

There’s a saying that a picture is worth a thousand words. After a workplace accident, however, a picture can be worth hundreds of thousands of dollars in the correct situation. Having visual evidence of the exact situation that caused you to slip, fall, and hurt yourself can help a great deal as you work to prove your liability claim in court.

In some states, for example, in order to prove a liability claim, the plaintiff must prove that the establishment had actual knowledge of the conditions and should have taken action to remedy the situation. This means that the business or its employees knew about the spill or that they actually created the spill themselves. The other means of proving this type of case, which is known as constructive knowledge, requires that one demonstrate that the owner or employees should have known about the spill and should have taken care to inspect and clean up the location. You should consider hiring a workplace injury attorney to represent you.

A Picture Is Used As Evidence

If you have a photo of the conditions of the area where you slipped and fell, it will show the color of the spilled material, its texture, and any track marks. This can all be important evidence of how long the spill remained in the area before it was cleaned up. The longer the spill was there before it was cleaned, the greater of a chance the plaintiff has to prove that the business owner was aware of it and should have cleaned it up. After this spill is cleaned, however, that evidence will be gone for all time.

If you trip and fall, it’s also just as important that you take similar photos. If there was a dangerous situation on the premises that led you to trip, taking the time to capture a photo on your phone or with a camera will help protect you, just in case the property owner tries to fix it before you can have it inspected by someone else. Protect yourself legally by taking a few seconds to take a picture, before the evidence you need can be tampered with or destroyed forever.

Taking photos of the conditions that caused your accident or fall is very helpful, but it is not required in order to have a legal case. If you did not think ahead of time to take photographs but were injured in a fall, there are multiple avenues that our attorneys can go down to help you prove your case in a court of law.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

Hiring A Workplace Injury Attorney For Construction Site Accidents In Corpus Christi

When To Hire A Workplace Injury Attorney For Construction Site Accidents

The Occupational Safety & Health Administration inspects workplace safety in over 50,000 locations every year. Regardless, well over 4,500 job site deaths have occurred in some recent years (such as 2011). Close to 1,000 of those fatalities were experienced on construction sites. The OSHA has revealed their findings on the most common situations that have to lead to construction site accidents and deaths. They are now involved in a campaign to actively fight against the problem. If you have fallen victim to any electrocutions, falls, collisions, or any situation where you’ve been trapped, you may need to seek legal counsel through a workplace injury attorney. Here’s even more detailed info to help you understand the issues at hand:

Construction Site Falls

Based on info from OSHA, job sites with more effort put towards fall protection could save at least 400 lives on an annual basis. Falls are commonly caused by unguarded rebar, openings in walls, unsecured ladders, holes in flooring, and rough edges. Injuries attributed to failing are responsible for about one-third of all the construction fatalities in the US. Most construction sites have a number of the conditions described above by their nature, but there’s still a large degree of improper precautionary measures from one job to the next.

Falls can lead to a number of different physical problems. Concussions, sprains, and broken bones are unfortunately the best case scenario. Paralysis and spinal cord damage are also both common. In order to prevent fall-related accidents and injuries, holes and exposed edges must be tended to. Railing and ladders must also be checked for security. If there are enough preventative measures on the job site, the likelihood of falling will be reduced significantly.

Electrical Construction Injuries

When it comes to the United States alone, there are hundreds and hundreds of deaths pertaining to electrical accidents every year. Construction sites are the main contributor. Improper grounding, downed power lines, poor handling of equipment, and damaged power cords all play a large part in the most frequent forms of electrical incidents. Based upon OSHA standard, no worker should be working with any form of electrical tools or near any circuits unless they are well protected.

In order to avoid problems like those detailed above, it’s important to recognize the electrical hazards of every construction site and label them clearly. No workers should be allowed to use faulty power tools or machinery; regular maintenance is integral to everyone’s safety. It’s also important to make sure every worker has the proper training to handle electrical jobs with respect and caution. If there’s a deep understanding of how electrical circuits work and the safest uses of any tools and machinery, potential mistakes will be less likely.

Object Collision Accidents

Next up, collisions, where workers are struck by random objects, are also worryingly common. A wealth of injuries and even deaths have been caused by workers that were hit by any number of job site objects. This has included everything from vehicles to large falling loads of bricks, metal beams, and so on. In order to avoid accidents of this nature, drivers should not operate any vehicle with obstructed vision. Lifting machines such as cranes must also be sure to only be loaded to capacity at the most.

Pinning Construction Accidents

Finally, pinning construction accidents are also a frequent contributor to injuries and fatalities. Many poorly run job sites have resulted in workers being pinned between objects such as a moving vehicle and a wall. With more awareness and general safety precautions, these incidents can be avoided. If you find you’ve been a victim of any of these scenarios, however, be sure to get in touch with a workplace injury attorney as soon as possible.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

A Texas Attorney Talks About Suing Following A Work Death Or Injury In Corpus Christi

Can I Sue Following A Workplace Injury Or Death In Texas?

In Texas, employers can buy workers’ compensation insurance and it will provide benefits in case an employee sustains a work-related illness or injury. If your employer buys workers’ compensation insurance to cover you, you cannot sue your employer when an injury occurs. Your family also cannot sue following a workplace death. However, you can receive work injury benefits whether or not anybody was negligent since the carelessness of the employer isn’t a factor in whether or not you are eligible to receive workers’ compensation.

If you do not have workers’ compensation coverage, then you can file a lawsuit against your employer if you become ill or injured due to the negligence of your employer. No matter what your status is when it comes to workers’ compensation, you can also sue following a workplace death or injury in the state of Texas if your claim gets brought against a third party and their negligence contributed to or caused your injuries. An experienced workplace injury attorney in Corpus Christi, TX from the Law Offices of Jerry J. Trevino can assist you with getting a civil lawsuit to receive compensation and making your workers’ compensation claim.

When Can You Sue In Texas Following A Work Death or Injury?

Negligence does not need to be proven by individuals who have workers’ compensation coverage to receive benefits. They also are not allowed to sue their employer. However, injured workers can file a lawsuit against a company or person who caused their injury. If you want to sue following a workplace death or injury in the state of Texas, you must provide the defendant who you are filing your claim against is legally liable to you. That means you must demonstrate:

  • The defendant had a legal duty towards you or owed a legal obligation to you.
  • The defendant breached their duty or did not fulfill their obligation.
  • The failures of the defendant directly caused you harm.
  • You suffered real harm that can be compensated for.

You are allowed to sue your employer if you don’t have workers’ compensation coverage and you are able to prove that your employer’s wrongdoing, carelessness or negligence directly caused your injury on the job.

There are other non-employers that you can also sue following a workplace death or injury in the state of Texas. That can include engineers, architects, project managers, or those who have manufactured the equipment that you use on your job. If you were involved in an auto accident while on-the-job, that can include the driver responsible for causing the crash.

Filing a lawsuit

This might make it possible for you to recover more compensation compared to what you would obtain from a work injury claim. As an example, if you sue following a workplace death or injury of a loved one in the state of Texas, you might be eligible to get compensation for your loved ones lost companionship.

The specifics of who and how you can sue does vary depending on the specific circumstances. Consult with an experienced workplace injury attorney at the Law Offices of Jerry J. Trevino. We have lawyers who can assist you with making your workers’ compensation claim as well as filing a wrongful death civil lawsuit or personal injury lawsuit so that the compensation that you receive is maximized.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

Addressing OSHA’s Guidelines & Construction Accidents

Construction Accidents And OSHA: Consult Our Personal Injury Attorney in Corpus Christi

The Occupational Safety and Health Administration (OSHA) is part of the Department of Labor. It was created in 1970 for the purpose of preventing work-related illnesses, injuries, and occupational fatalities. They mainly do this through the creation and enforcement of workplace safety standards. The federal regulations cover both public and private sector employment. It isn’t surprising that the organization along with its edicts are controversial quite often. Employers often complain that these regulations are prohibitive and too expensive. However, studies have shown that long-term benefits come in the form of reduced costs when companies have fewer onsite injuries and workman’s compensation claims as a result of adhering to the regulations. Let’s take a look at some of the recent standards that have been endorsed by OSHA for construction worksites.

  • A series of measures have been developed by OSHA to help prevent outdoor workers from developing heat illnesses when the heat index goes over 91 degrees.
  • Standards have been developed by OSHA to ensure the safety of personnel working on crane hoisted platforms – which is common on sites that are erecting skyscrapers.
  • A company was recently fined by OSHA for failing to be in compliance with standards for preventing cave-ins (for numerous scenarios involving workers who work below ground).

OSHA has also set standards for things ranging from permissible protective equipment to bloodborne pathogens, to exposure to asbestos to mandatory safety training.

Safety regulations must be posted and be visible for employees in addition to being included in employee handbooks. A majority of companies require their employees to initial or indicate in some way that they have read all of the safety requirements that pertain to the job they will be performing.

OSHA ultimately plays a very important role in making sure that Americans stay safe while at work.

Also, following a serious injury due to a construction accident or on the job injury, Corpus Christi personal injury attorneys can use the violation of OSHA rules as a powerful tool when representing their clients.

Call or contact The Law Offices of Jerry J. Trevino today!

Top Incidents That Require A Work Injury Lawyer in Corpus Christi

Addressing OSHA’s Fatal Four Construction Accidents

As per the Occupational Safety and Health Administration (OSHA), 4,836 workers were killed at work in its fiscal year between October 1, 2015, and September 30, 2016. Of those fatalities, 21.4 percent of them occurred in the construction industry. That’s 937 construction industry deaths, or more than 13 every day. There were four leading causes of construction industry fatalities. Those were falls, being struck by falling objects, electrocution and being pinned between two objects. These “fatal four” types of fatalities accounted for 62.4 percent of all construction industry deaths in the subject fiscal year.

Falls

By an overwhelming margin, falls were the leading cause of construction accident deaths for the period examined. There were 364 deaths from falls that consisted of 38.8 percent of the 937 construction industry deaths. Falls occur from ladders, scaffolds, roofs, floor holes, slips, and trips. OSHA reports that fall protection like safety harnesses, nets and guardrails might save the lives of nearly 400 construction workers annually.

Struck by an Object

Construction workers being struck by objects and killed occurred 90 times and accounted for 9.6 percent of all construction site fatalities. These accidents usually occur when a worker is hit from above by a falling object like materials, machinery or tools. Depending on the facts surrounding the accident, a motor vehicle fatality might also be classified as being struck by an object.

Electrocution

Exposure to electricity on a job site continues to be a statistically significant cause of death for construction workers. Working with or around live wires always presents a risk to construction workers. It’s not only electricians who get electrocuted on job sites. Laborers, carpenters, plumbers, and roofers also die from electrocution. A lack of fundamental knowledge of electricity contributes to these deaths. A total of 67 construction workers died by electrocution during the period at issue. They accounted for 8.6 percent of all construction industry deaths.

Caught in Between Objects

OSHA categorizes what is known as “caught in between” accidents as workers killed when they’re pinned or compressed by equipment or objects, materials or collapsing structures. There were 67 construction accident fatalities from workers being caught in between objects. They accounted for 7.2 percent of the fiscal year’s construction accident fatalities.

Compensation for Construction Accident Fatalities

The federal government established OSHA for purposes of promulgating workplace standards and regulations that help prevent”fatal four” accidents. Each state also has its own workers’ compensation laws that the families of construction workers who died on the job can rely on, but there are limitations on such benefits. The general rule is that workers’ compensation benefits are the sole and exclusive remedy for a construction site death, but there are exceptions to that rule that might operate to provide additional and increased compensation under state wrongful death laws.

In any death resulting from a construction accident, OSHA standards and regulations were likely violated. A respected and experienced personal injury attorney in Corpus Christi will listen carefully to you about the facts surrounding your family member’s construction accident death. Upon being retained to represent your loved one’s estate and family, a professional investigation will be conducted that will identify all possible parties who might be responsible for your family member’s death. You’ll then be thoroughly advised of your legal options.

Get in touch with The Law Offices of Jerry J. Trevino for further information regarding your case. Call us now!

Weighing Your Options When It Comes To Your Personal Injury Claim

Deciding Between A Settlement And A Lawsuit Is A Tough Choice

Going through something like a car or truck wreck or pedestrian injury is bad enough, but many personal injury situations are often followed up with a tough choice. That decision is between filing a lawsuit or settling your claim. It’s a dilemma that honestly deserves robust and honest analysis based on facts involved in your particular situation. Most insurance companies typically deny claims or just offer low-ball settlements to see if they can get rid of injury cases for as little money as possible, often at far less value than a case truly has. On the other hand, injury settlements aren’t always your best option if you might get a dozen times much or even more through a lawsuit, or just the threat of one. Our attorneys are able to help you make your choice by doing a comprehensive analysis of your particular case in order to assess the probable value and if you can possibly collect more money given your injuries and damages. If pre litigation does not generate an appropriate settlement offer, then filing a lawsuit might be necessary. It’s critical that you have good legal counsel from a seasoned injury attorney who can analyze your particular case, given the fact that once you accept any injury settlement, you have forever forfeited your personal rights to seek further compensation for any damages related to the accident.

Assessing And Maximizing Your Injury Settlement Offer

It’s typically best for you if you get an injury lawyer working with you in order to get a case moving as fast as you can. An attorney is a professional that can appropriately gather evidence and formulate a potential damage model for your case in order to emphasize the varying injuries which can be possibly compensated for under the applicable laws. Persons that try to actually represent themselves tend to wind up with claims that many insurance companies put a very low value on. Once any case is earmarked as one with low value, then increasing the perceived value of that claim gets a lot more difficult. The lawyers of our firm go through a robust investigation and analysis of your claim in order to determine how to go about proving the liability of the defendant. We’ll also conduct a financial analysis in order to estimate the possible value of any damages you have personally suffered, taking into consideration specific factors like future and past medical expenses, income loss, scarring, physical impairment, pain and suffering, and many others.

Injury Settlements Are Most Likely To Be Something The Defense Offers

There are five specific times where a case is most likely to be settled or see a settlement offer:

  1. Prior to the lawsuit being filed.
  2. Immediately following the filing of the lawsuit.
  3. Once depositions happen and there is proof of defendant liabilities and plaintiff damages.
  4. During Court-ordered mediation.
  5. Immediately before the case winds up going to trial.

In the end, the final analysis of a trial versus an injury settlement comes down to what course of action will get the client the most money in his or her bank account.

When Someone Should Consider Filing An Injury Lawsuit

If a defendant (the supposed wrongdoer) doesn’t offer any settlement, or the one they offer is unfair in its amount and terms, then a lawsuit might be a better course of action. Simply filing a lawsuit doesn’t actually mean a case goes to court though. In truth, the majority of lawsuits are settled before the trial actually starts. Having said that, the threat of a lawsuit, and sometimes the lawsuit itself, are necessary to obtain the fair value an injury case deserves, should the defendants offer prove to be too low.

It’s highly recommended that you seek out the advice of a legal professional before you make your final decision as to whether or not you should file a lawsuit or settle following your accident injury claim, be it a vehicular incident, unsafe property injury, a construction accident, a spinal injury, or anything else. Our attorneys can give you a free consultation in person in the markets we serve, but we can also have a phone conversation with you or meet you somewhere other than our offices. We’ll reach out to you if you request a personal injury attorney near me, and we work diligently to get your the very best results for your personal injury case. Please feel free to call or contact us if you think you need our help.

Premises Liability: Concerns During A Slip and Fall Case

In a Texas Slip and Fall, When is a Warning Adequate?

Recently, the plaintiff in a Texas slip and fall case walked around the sign warning of a wet floor . the sign was situated in the hall right outside the bathroom in the convenience store owned by the defendant. Located at the back of the store, the restrooms could be accessed via an open entry which led to a small hall.

Surveillance footage showed the yellow warning sign which displayed “wet floor” and was placed in the entry. As the plaintiff turned the corner to walk into the hall leading to the restroom, he walked right past this sign. The plaintiff also walked right past the employee who at the moment had been wet-mopping the floor. As the plaintiff was in the restroom, the employee proceeded to wet-mop the entrance, right where the sign was placed. While mopping she moved the sign, mopped the spot where it was, and then returned it to its original spot.

Two minutes after entering the restroom, the plaintiff exited the restroom and slipped falling on the wet floor in the hallway on a few feet from where the sign was located. He was injured and the defendants were sued based on premises liability for personal injuries. The plaintiff, as a customer, under Texas law was considered to be an invitee to the store.

The plaintiffs’ argument was that the defendant had not provided proper warnings of said dangerous conditions and had failed to make the conditions adequately safe. A motion for summary judgment was filed by the defendant, the argument in it was that there was zero evidence of a breach, the warning provided was adequate, and the condition being discussed was open and very obvious. It also argued the lack of evidence of any risk of harm that was unreasonable or that reasonable care had not been used to lower the risk.

There was no specification by the trial court as to why the motion for summary judgment was granted. An appeal was submitted by the plaintiff.

It was explained by the appellate court that an injured invitee in a premises liability lawsuit must show:

1. The owner had constructive or actual knowledge of the condition which caused harm.

2. Unreasonable risk of harm was presented by the condition

3. The owner had not taken reasonable care to minimize the risk.

4. The failure of the property owner to use reasonable care so as to lower the level of risk was what legally caused the injuries of the invitee. By providing warning of a dangerous condition where invitees can see, a property owner is able to get rid of the third element.

The totality of the circumstances is what dictates where or not a warning is sufficient. When the warning has identified and communicated the existence of said condition in a manner that is understood by a reasonable person, it is considered to be adequate. It was explained by the appellate court that there were numerous facts which were undisputed. It is indisputable that there was indeed a yellow, three-foot, free standing warning sign located at the hall´s entrance which only led to the bathroom and said warning sign referred to the employee who was mopping. There was a graphic at the top of the sign that displayed a human being stick figure that was slipping and also stated “wet floor” and “caution.”

The questions that remained were whether or not this was adequate and whether it was an obvious and open danger. The plaintiffs’ argument of it being inadequate was because when he entered the restroom, there was not a wet floor, however, when he came out it was wet and the sign was not placed directly in front of the door. It was explained by the appellate court that there is no duty for the invitees´ safety to be ensured and the plaintiff had received ample warning prior to his fall. There had been active mopping in the area. It was noted by the dissenting opinion that there had been a changed condition of the floor in the hallway, however, the majority found that what following the dissent would require, was too granular of a warning.

If you have been injured on someone else´s property, you should see immediate consultation with an attorney in Corpus Christi who is knowledgeable on the subject of personal injury and experienced in liability cases so a favorable outcome can be sought. Consult the Corpus Christi attorneys from The Law Offices of Jerry J. Trevino, they are experienced and can provide you with more information.