Tag: personal injury lawyer

Recognizing The Most Dangerous Jobs In Corpus Christi

Discover Which 5 Occupations In Corpus Christi Are The Most Dangerous

Corpus Christi has a very healthy job market and this benefits many people in the region. It also has quite a lot of commercial activity and commerce which further makes this a great place. The majority of the businesses and the work available are in heavy industry and this can sometimes be dangerous work. As a matter of fact, this city sees excessive injuries in the workplace and even some deaths each year.

Corpus Christi is a city that experiences a high level of injuries in the workplace and we have developed National recognition towards advocating on behalf of victims and their loved ones. Consequently, we have leveraged more than a hundred years of combined experience that helps with the many clients who have been injured in the course of performing their work. On behalf of families who have lost a loved one in a fatal accident while engaged at work, our efforts continue to try and help those as well. We, therefore, know what jobs have the greatest risk and this experience allows us to better help those going through this situation and the victims to pursue getting properly compensated for it.

What Are The Most Dangerous Occupations In Corpus Christi

1. The oil industry is absolutely one of the biggest in the area. There are jobs related to production, refining, distribution, extraction and unfortunately, these are all among some of the most dangerous jobs in the area. According to the US Department of Labor, there are literally thousands upon thousands of injuries which involve workers in the oil fields around distribution and refining of crude oil. This industry is also plagued by explosions and fires that further cause serious injuries.

2. Offshore occupations related to the oil industry are extremely dangerous and regularly expose workers to potential dangers and injuries. Those who work in offshore jobs are at risk of catastrophic injury and even wrongful death.

3. This area also has quite a few commercial and residential construction jobs because of its job opportunities. In these jobs, workers are exposed to dangers such as electrocution, falls, injuries related to working with machinery and other equipment and even objects that fall to the ground on top of someone. According to OSHA, there are as many as 200,000 injuries suffered by construction workers and in recent years over a hundred people that have died Statewide.

4. The transportation industry is another of those thriving in Corpus Christi. Having to transport heavy vehicles and hazardous materials those that work in the industry have a high rate of injury and even fatal incidents. Even those that are involved in services in the transportation of goods face similar risk that the other drivers do when traveling public roads and highways.

5. Plant workers are considered to be in a completely different segment of the workforce but they too are at high risk for injury and even sometimes death. They often handle hazardous material and work with heavy machinery and they come in close proximity to live electricity. In fact, some of the most catastrophic workplace events have been in plants and other similar facilities.

In Conclusion

Even though the occupations that we have been speaking about have substantially higher risk than some other jobs, any employee can be injured while working on the job. It is especially dangerous when third parties fail to live up to the safety regulations required or failed to ensure that the worker is in a safe environment. It is important if you are loved one has been injured in a work-related accident that you know what your legal rights are. In many cases, you can be fully compensated. But time is important in these situations and therefore you are strongly encouraged to quickly bring your situation to a personal injury attorney in Corpus Christi so that they can immediately advise you on a plan of action. You can get started today by simply contacting us and getting a free consultation.

What You Can Expect From Your Personal Injury Claim

What A Texas Plaintiff Can Recover In A Personal Injury Claim

Though it is certainly true that the broad objective of a plaintiff in a personal injury matter is to secure accountability from the party or parties whose negligence caused their harm, clearly more than just a simple declaration of fault is typically desired. Rather than providing aggrieved individuals with little more than a vague acknowledgment or vindication of their arguments, the justice system is meant to provide relief that is more concrete.

For Texas plaintiffs, cases of this type can yield significant damage awards if the defendant is found negligent for the injuries suffered. The concept of damages can encompass the specific losses experienced by a victim in addition to the total compensation they are entitled to receive. Because the term may sometimes be confused or used in an erroneously interchangeable manner, it makes good sense for everyone to gain an understanding of what recoverable damages in a personal injury action actually are. Though laypeople often concentrate primarily on pain, suffering and similar types of damage awards, there are in fact many more elements involved in calculating total damages in any given case.

Personal Injury Cases in Texas and Economic Damage Awards

When it comes to so-called “economic damages” in a litigation context, relevant dollar figures are fairly easy to determine. In essence, losses that can be establish through the production of an invoice, bill or receipt will be classified as economic in nature. These types of losses have essentially already been assigned a market value, making it easier for juries to declare appropriate reimbursement. Common categories of economic damages are:

Current, past and future medical expenses: this represents a substantial portion of the damages typically awarded in a personal injury case. Considering the astronomical costs of medical care, particularly that required to treat serious and accidental injuries, it should come as no surprise that the amounts awarded are often quite high.

Lost Earning Potential and Wages: This category covers actual income that has been lost due to missed workdays as well as any reduction in the ability to resume prior levels of employment and pay during the recuperation period. Those who are unable to return to work in any capacity or who can only do so in a limited one will certainly experience a reduction in earnings for which they deserve to be compensated.

Lost Future Earnings: This type of damage award is meant to provide a remedy for those whose injuries are so significant that their ability to continue their chosen line of work going forward has been destroyed. Because such losses are rather more difficult to pinpoint to an exact dollar figure, it is usually necessary to enlist the aid of an economic or employment expert who will use specific types of calculation methodology to arrive at an appropriate level of compensation for the victim. Factors such as life expectancy, education level, work history and the like will play a large role in the final opinion such an expert will render in a particular case.

It is important that claims for damages in a personal injury case such as those described above be quantified as much as possible through the use of expert testimony and the like. Otherwise, such arguments may be deemed too speculative, an outcome which could make obtaining fair compensation quite difficult indeed.

There are several other categories of economic and non-economic damages which may be available to plaintiffs in Texas personal injury matters, including payment for loss of enjoyment of prior lifestyle, loss of familial and marital relationships, loss of parental guidance and advice and the like. Again, such damage determinations will involve careful analysis of a number of factors which must be explored in detail. An experienced personal injury attorney will possess a strong understanding of how losses of all types can be persuasively explained to the members of a jury.

Prospective plaintiffs in Texas personal injury claims are well-advised to seek the help of a personal injury lawyer in Corpus Christi with a strong track record securing sizable damage awards in cases similar to their own. They should also secure counsel with strong ties to and affiliations with a solid network of subject matter experts able to demystify the true value of the harm sustained.

Serious personal injury events have the potential to cause harm that ranges from temporary disruption and inconvenience to permanent and profound disability. When the effects on a victim in a given case veer toward the latter, it is critical that fairness and accountability be aggressively pursued. Otherwise, the physical pain, emotional trauma and financial devastation that ensue can drive entire families to the edge of collapse.

As such, there really is no substitute for doing everything possible to secure necessary assistance in making reasonable, yet comprehensive calculations of the monetary value attached to each classification of harm sustained. Thorough record keeping of economic damages and reputable expert assessment of non-economic damage categories can make the process of achieving justice far less difficult than it might otherwise have been.

Nobody who has been through the anguish, discomfort and upheaval of a serious injury accident, particularly one caused by another party’s avoidable negligence, should have to suffer in silence. The legal system is designed to provide a forum and a valuable opportunity to hold responsible individuals accountable for each and every type of loss they have caused.

While the road to full vindication of a victim’s rights is not always straightforward, an injury plaintiff in Texas can rest assured that they will be afforded a fair chance to prove what has been lost due to the acts or omissions of the defendant in their case and seek the compensation to which they are rightly entitled. Endeavoring to arrive at accurate, well-founded assessments of damages suffered will only make the effort that much more likely to succeed.

What Recoverable Damages You are Able to Sue For in a Texas Personal Injury Case

Damages That Are Non-Economic in Personal Injury Cases of Texas

The best way to classify damages which are unable to turn to the marketplace to help determine the best solutions are as Non-Economic Damages. This is due to the fact that they are difficult to quantify, usually these are the damages which receive the highest levels of media attention. Oftentimes they receive headlines that are sensational, for example “For Pain and Suffering,
Woman Receives $1 Million.”

When the details of this case are looked over, what the total verdict invariably it is the $1 million dollars, pain and suffering is only a small part of this. Although these damages may be 100% legitimate in the law’s eyes, when it comes to assigning a dollar value to them it means that it is far more likely that juries will when they calculate awards, discount these damages than they are to over inflate them.

Here are some examples of Non-Economic Damages:

Past and future Pain and Suffering – when it comes to damages, everyone’s favorite whipping boy is Pain and Suffering. Contrary to what the media portrays, Pain and Suffering is not a simple blank check that juries can use to award absurd amounts of money. Injury victims are compensated by Pain and Suffering for the ordeal which they endured because of their injury, plain and simple.

A simple question is answered; one which many people who would try to empathize with the victim would ask themselves, “To endure that injury, how much would I have to be paid?” That question is answered differently by everyone, this leads to an ample range of possible awards, which completely depend on the jury.

Being as no one else can feel said pain and suffering, this leads to people being extremely vigilant about those who may “fake” that pain and suffering that was endured. The bias is overcome by an experienced personal injury by presenting how severe a victim’s injury was in a way that completely removes and doubt the jury may have about pain and suffering and how from an injury it was inevitable.

Past and Present Mental Anguish – This form of damages is another one that can be very much maligned and is also sensationalized by the media. For purposes of personal injury, when the circumstances surrounding an accident have been particularly disturbing, mental anguish damages are recoverable.

Common scenarios may be the person having witnessed their loved one being injured in a way that was particularly gruesome or in an accident that was shocking. Since 2013, after the Texas Supreme Court Decision in the Hancock v. Variyam case, the plaintiff’s responsibility is to prove that the mental anguish due to the accident caused a “disruption in their daily routine that was substantial or a high level of mental pain.”

This decision was built upon a previous 1995 Texas Supreme Court decision in Parkway Co. v. Woodruff, here the modern rules that govern mental anguish in person injury cases in Texas was established. Usually, the kind of injuries that allow for victims to receive mental anguish damages are events of a nature that is so brutal and shocking they rarely occur outside of a war zone and often times cause the very same PSTD issued that some returning soldiers experience.

Physical Impairment – It is easy to compare Physical Impairment Damages to Loss of Future Earning Capacity Damages. However, Loss of Future Earning Capacity Damages are awarded to compensate for the injured person´s diminished abilities to making a living after having been in a n accident, however victims are compensated for Physical Impairment Damages due to injuries that limit their enjoyment in aspects of their lives that are not work related.

For example, if a person were to lose their vision in an accident that is an impairment that most people would consider to be serious, one which can detract immensely from them being able to enjoy life. This non-economic damage is out of all of them the hardest one to rebut, especially when there is extensive evidence of Loss of Future Capacity.

Once it has been determined by the jury that the individual is so severely injured that they are unable to make a living as they had prior to the injury, it is not pushing it to also conclude that there will other aspects of their lives that are negatively impacted and the for the negative impact on their lives they should be compensated.

Disfigurement – This kind of damage makes reference to those whose injuries have altered their body´s physical appearance. These damages can include facial dislocations, scars and amputations which after a serious injury are not uncommon. These injuries can basically inhibit an individual’s ability to live a normal life.

There was a case which our firm worked in which in an accident; a gentleman’s face had been smashed. This caused one of his eyes to not be positioned as is should be in his head. When he was seen by his children, they saw him like a monster and were terrified. This is a classic example of a case in which a victim is able to recover damages for disfigurement.

The most common way in which attorneys actually prove these damages is with photographs of before and after the event. There are many cases in which someone is seeking disfigurement damages, and when the before and after photographs are produced and the jury sees them, there is an audible gasp.

Loss of Consortium – In a Texas personal injury case that is non-fatal, the spouses and children of the person injured are that only people who can claim Loss of Consortium Damages. What this kind of damages accounts for is the value that is derived by people from social interaction with some, close relationships that are legally recognized, for example those between spouses as well as between children and parents.

One thing that could impede the recovery of this kind of damages would be if prior to injury occurring, there was deterioration in the relationship. For example, if at the time of the accident, spouses were living separately, less money, if any at all will be awarded by the jury for loss of consortium.

In the event that a child were killed, parents can also pursue these damages. They are however explicitly denied to siblings, step-parents, and there is actually case law that states that pet owners who have a pet that was negligently killed cannot recover Loss of Consortium damages.

It should be noted that each of the damages mentioned here do not apply to all personal injury cases. It would actually be a rare occurrence if all of these applied to one individual case. It is the job of a seasoned attorney to consider each type of damage and request all of those that are relevant to the case at hand. They must also consider how a jury would respond to each of the claims that will be made. Knowing how a jury will react to the claims that are made is crucial. This helps when trying to negotiate a settlement and it has a huge bearing on how things will turn out if the case has to go to trial.

Obstacles That May Make It Impossible To Collect Damages

While the law makes it possible for people who have been injured due to negligence to seek damages from the one that they believe is responsible for them, this does not mean the other party will be forthcoming about their part and be willing to hand over a huge wad of cash. The person who has been injured will have to prove that damages actually occurred, then they will need to prove that the other party was at fault.

The Law Offices of Jerry Trevino respects the fact that attorneys have a duty to fight as hard as possible to defend their clients interests. There are occasions when they cross a line and do things many would find offensive. For example, if a spouse decides to seek Loss of Consortium damages, a defense attorney may decide to peek at social media accounts and take note of posted relationship information to prove that the marriage is not as solid as the other side is claiming it is. They will also speak with neighbors, friends, colleagues and anyone that can expose any discord, even if it was long ago. This will help them reduce the value of the claims against them.

It is sad that the media will drone on about how the law is not working as it should when suspect damages are awarded by a jury that heard all of the facts. On the flip side, the defense attorneys who use shady tactics to convince jurors not to award damages are not discussed nearly as often.

We at The Law Offices of Jerry Trevino encourage you to contact us regarding your claim! We look forward to answering any questions that you may have! Call us now at 361-882-5605 so we can help you with addressing your claim!

Benefiting From Personal Injury Protection (PIP)

Understanding Personal Injury Protection (PIP) In Texas

Roughly less than half of the automobile drivers in Dallas, Mansfield, Fort Worth, Grand Prairie, Arlington, Weatherford, or any other area within the state of Texas will carry PIP, or personal injury protection with their insurance policy. Personal injury protection in Texas happens to be one of the more expensive benefits that someone can purchase when it comes to insurance.

Personal injury protection works to cover the losses for medical bills and any lost wages that are incurred with incidents pertaining to auto accidents or that come out of the use of any covered automobile. This is a requirement that is set out within the Texas Insurance Code within Section 1952.151. It must be offered for all automobile insurance policies that are issued in the state of Texas, and the requirement is stated in Section 1952.152.

This information is brought together to help better understand the Texas Insurance Code and Section 1952.155 to tell readers of the laws in this section enforced by holdings with the Texas Supreme Court. Here, it states some of the laws in Texas that deal with PIP and that the title of this section is “The Benefits payable without the regard to fault or the collateral Source; the Effect on Subrogation.”

This section begins with:

(a) Benefits under the coverage required in this subchapter are to be payable without regard to:
(1) Fault or nonfault of the insured named or recipient for causing or contributing to an accident; and (2) any collateral for the source of hospital, medical or wage continuation benefits.

Are you wondering what this means? One means that the personal injury protection benefits are payable regardless of who will be at fault with the cause of loss. Regardless of who may have caused the injury, be it you or another person, the personal injury protection in Texas will pay the benefits. The second means that the PIP benefits will be payable even if there is already a medical benefits plan in place to help pay your bills, or a hospital plan that already took care of the bill. It will pay lost wages even when you have had another disability or another kind of wage loss play that is paying your lost wages. Both will mean that any person could legally have double recovery. This happens to be the only place within Texas law where this would even be a possibility.

The next section states:

(b) Except where provided by Subsection (c), any insurer that is paying benefits under the coverage required in this subchapter will not have a right of subrogation or a claim against any other person or any insurer to recover benefits by reason of alleged fault of the other person that caused or contributed to the accident in question.

Basically, this part (b) means that if you get personal injury protection benefits and it shows that someone else was at fault for the injury or loss, your insurance company cannot try to recover from them or their insurance company any money that has already been paid to you.

The last section states:

(c) Any insurer that is paying benefits per this subchapter, including any county mutual insurance company, will have a right of subrogation and claim against the person the caused or contributed to the accident if, while on the date of loss, the financial responsibility as noted in Chapter 601, Transportation Code, is not yet established for a motor vehicle that is involved in the accident and also operated by that person.

This section (c) is actually an exception to (b) where if another person does cause the accident, and the other subject is not covered under liability insurance that is required by law in the state of Texas, the insurance company that is providing the personal injury protection in Texas benefits can then pursue the person at fault for all money paid in the PIP claim.

To setup your free consultation with The Law Offices of Jerry Trevino contact us or call us at 361-882-5605!

Job Injuries As A Result of Equipment Failure On The Job

Workplace Injuries Resulting From Equipment Problems

The fact of the matter is that some jobs have greater inherent dangers to those engaged in them than others do. For example, those working in mines, oil rigs and even on construction sites face a substantially increased risk of sustaining serious harm. Incidents of this nature can occur at any time, and unfortunately, they regularly do.

Among the most typical causes of workplace injuries is the failure of equipment being used on the job. Equipment that does not function in the manner it was designed to do can prove extremely hazardous. Bone fractures, cuts, nerve damage, traumatic brain injury, spinal cord damage, hazmat exposure, deep wounds and other calamities can all be produced as a result of failed occupational equipment. Unfortunately, many workers are involved in these types of accidents every day and are left wondering if they are able to pursue a case for workman’s compensation.

Typical Reasons for Failures Involving Equipment

There is a wide array of reasons why equipment can fail on a work site. Sadly, when such a scenario develops, the consequences can be devastating. Common causes of events of this nature include:

  • Component wear and tear
  • Defective design or manufacture
  • Lack of worker training
  • Improper maintenance
  • Operator error
  • Negligence

Will Workers’ Compensation Help if Injury Occurs?

An employer has an obligation to keep the workplace safe for those they hire. In addition, they must offer all necessary training on the equipment expected to be used. If a worker suffers serious injuries or worse because a piece of equipment failed, victims and perhaps their survivors are afforded the right to pursue monetary compensation. Workers’ compensation exists as a means to pay for lost wages and medical bills incurred in the aftermath of the accident. Benefits under such programs are paid on a no-fault basis, meaning that there is no need to prove negligence in order to receive payment.

There are some situations in which an employer will not be legally obligated to have workers’ compensation insurance coverage. However, those who chose not to purchase such a policy remain very vulnerable should an accident occur. This is because an employee harmed on the work site may choose to explore civil litigation in order to receive the resources necessary to heal. At this point seeking professional legal advice to find out if you have a case should be your #1 priority.

Third-Party Litigation and Liability Claims in Workplace Injury Matters

If it is determined that the failure of a specific piece of equipment is to blame for serious harm sustained, it is often possible for that worker to initiate a third-party claim against the company responsible for producing and selling that equipment. Manufacturing companies have a duty to place safe products into the stream of commerce, and those failing to do so may be liable under products liability or other theories of negligence. Suits of this type can be undertaken in tandem with a traditional workers’ compensation claim, ensuring that an injured worker has a fair chance at receiving the full amount of financial recovery deserved.

In all such cases, the help of a seasoned injury lawyer can be truly invaluable in terms of assembling evidence and mounting effective arguments. Those who have suffered due to workplace equipment failures are encouraged to contact a personal injury lawyer Corpus Christi residents have come to trust.